PRESIDING OFFICER:             Mayor John C.M. Davis

OPENING PRAYER:                 Rev. Ray Strawser
                                                First Baptist Church

PLEDGE OF ALLEGIANCE:      County Commissioner Wayne Roszman

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.

APPROVAL OF AGENDA

Motion by Councilperson Ford to approve the Agenda as presented with the following changes:  the deletion of Consent Agenda #3 Purchase Agreement and the addition of Item of Business # 7 Set Hearing for Obsolete Property Rehabilitation District and #8 Executive Session.

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

APPROVAL OF MINUTES OF AUGUST 1, 2005 REGULAR MEETING

Motion by Councilperson Robertson to approve the Minutes of the August 1, 2005 Regular Meeting as presented.

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

MAYOR DAVIS READ THE RULES FOR ADDRESING THE CITY COUNCIL.

PUBLIC HEARING

VAUNGARDE CLEAN-UP – 1000 BEEHLER STREET

Gregg Guetschow, City Manager, introduced the reason for the public hearing and the process for cleanup.  He reported that the owner had been given notice to cleanup. 

The following persons addressed the City Council regarding the clean-up of the fire debris:

Genevieve Viers, 921 Beehler Street, asked the City Council how soon the cleanup could be done.  She also inquired if there is there any interest in developing the property.  City Manager Guetschow responded to her questions.

Gene Riley, 1106 Beehler Street, commented that it “looks like we are living in a war zone” and that there are obvious odors coming from the debris.

Terry Carriveau, 114 North Howell Street, commented regarding a fire at the property two years ago and the lack of property owner intentions since that time.  He also commented about legal procedure to force the cleanup, contacting the DEQ about contamination, and concerns about runoff from the property into water and sewer systems.

Dee Riley, 1106 Beehler Street, commented regarding the City Manager’s comment about the City Council having to declare it a nuisance.  She also commented that they were at the fire and heard explosions.

Shelva Cebulski, 1243 Marion Street, commented about the fire debris and her empathy for the neighbors.

Girard Dion, 821 South Washington Street, commented regarding the city doing the cleanup and getting our money back.

Mary Gleason, owner of Korner Pub at 1017 West Main Street, inquired if insurance had been checked into.

Norm Pugh, 3030 East Copas Road, commented regarding city ordinance enforcement and the time to have the property cleaned up.  He also commented about the need for a way to guarantee funds for cleanup.

Ms. Viers commented that her daughter saw someone going over the fence yesterday.

City Manager Guetschow responded to Mr. Pugh’s comments on the time lines, equal opportunity for all property owners, spending more money than we would get back or that the property is worth, and the property owner’s lack of insurance.  Director of Community Development Philip Hathaway responded to contamination concerns.  He reported that any asbestos had been released in the air during the fire.

There was further Staff and City Council discussion regarding below grade contamination, staff inspections during vacancy and not finding evidence of contamination, unawareness of a developer interested in the property, adjacent railroad property, Brownfield Development Plan and District, definition of a nuisance, taking of demolition bids during the 21 day waiting period, a stricter ordinance to tighten up the timeframe for work to be done, and estimated demolition costs.

Motion by Councilperson Ford to adopt the following resolution:

WHEREAS, on April 16, 2005, the industrial building at 1000 Bradley Street was completely destroyed by fire; and,

WHEREAS, on April 18, 2005, and in accordance with Chapter 10.7 of the City Charter, the City issued a Notice and Order by registered mail that included the City Manager’s declaration that the site was a public nuisance and an order for the owner to erect a security fence on the site and to clear the site of debris; and,

WHEREAS, the property owner and other owners of interest have not elected to remove the debris from the site within a reasonable time period for said removal; and

WHEREAS, the City Code of the City of Owosso contains a Nuisance Ordinance, Article II, Sections 18-26 through 18-29, “Dangerous Structures”, that addresses structures that are unsafe and a menace to the health, safety and welfare of the public; and

WHEREAS, in accordance with the provision of Section 18-27 to provide notice and to conduct a public hearing, the City Council of the City of Owosso conducted the hearing on August 15, 2005, with public testimony confirming the adverse site conditions, and

WHEREAS, subject to the information on file at City Hall and provided at the public hearing, the Council is delegated the responsibility of finding a nuisance and issuing a declaration of condemnation as prescribed in Section 18-27.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Owosso, finds that the debris from the fire has completely destroyed the integrity of the former structure and that the debris has created an unsafe environment that is also a menace to the health, safety and welfare of the public; and

FURTHERMORE, BE IT RESOLVED, that the City Council condemns the unsafe conditions of the structure’s remnants with an order to the owner to conduct the following minimum standard of site clearance: to tear down the surviving, damaged structural sections, to remove all above-grade debris from the premises and to remove exposed sub-grade cavities followed by compacted backfill; and

FURTHERMORE, BE IT RESOLVED, that the site clearance shall commence within two weeks of the issuance of the order with completion of the removal to take place within 45 days of the issuance of this order; and

FURTHERMORE, BE IT RESOLVED, that if at the expiration of the time limit of this notice, the owner has not complied with the requirements thereof, the City Manager shall carry out the requirements of such notice and that the cost of such abatement shall be a debt owed the city by the person responsible for the commission, creation or maintenance of such nuisance and the costs shall be charged against the premises and the owner thereof in accordance with the provisions of Section 10.7 of the City Charter. 

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

Girard Dion, 821 South Washington Street, commented regarding finances.  He also commented regarding Owosso and Caledonia Township water/sewer services and Holman Pool.

City Manager Guetschow commented regarding the inaccurate amount of the millage reported in The Independent.  The news article reported that the millage would be about $14/month to the average residential bill.  Mr. Guetschow reported that the correct amount is about $14/year.

Betty Coon, 1204 Palmer Street, commented regarding her concerns with the ambulance transfer policy, MIOSHA fines, pay for Fire Marshal, city lease cars, SATA, District Library, outsourcing water bills, Holman Pool, fire runs being charged for, and the zoning ordinance.  She also requested MML convention costs.

Burton Fox, 216 East Oliver Street, commented regarding a meeting of elected officials, business owners, etc. to discuss holding government accountable for taxes.  He asked about the proposed millage for Holman Pool and the water rate revisions.  He commented that the City has a commodity in demand and we should seek out a way to sell our commodity of water.

Norman Pugh, 3030 East Copas Road, commented regarding city cars, taking away children’s entertainment, gas cards, credit cards, Vaungarde property, and cutting the budget.

Jack Bott, 1513 Hiawatha Drive, thanked Councilperson Owen for his assistance in getting holes on Center Street patched.  He also commented about public works supervision, City workers lining ball fields, and the amount of personnel.

Shelva Cebulski, 1243 Marion Street, commented regarding her support of the Holman Pool millage.

Rob Buckley, 1786 Morrice Road, inquired who is allowed to use Holman Pool.

Doug Saunders, YMCA CEO, commented regarding the soccer fields and their support; Holman Pool; and looking for grant money. 

Terry Carriveau, 114 North Howell Street, inquired if there are there federal or state funds available for cleanup.

Mike Bruff, 707 West King Street, asked “when did the use of the pool become an entitlement?”  He commented that the City should rethink charging entrance fee versus a millage.

City Manager Guetschow responded to the questions regarding the cost of maintaining Holman Pool; the amount of cost per visit would be high, reasonable charge would cost as much to collect fee; and that non-residents can use Holman Pool.   He also commented about searching for funds for cleanup, it is not impossible but takes time.  He commented regarding the negotiations with townships and the city not reluctant to work with townships for the sale of water.  He also commented that employees do not have city credit cards and that the gas cards are for city business only. 

Mr. Guetschow also reported that the City Council has already asked for review of city car leases.

Councilperson Owen commented regarding budget cuts and no pay raises.

Mayor Pro-Tem Osika commented regarding the misprint of $14/month as it relates to the Holman Pool millage and asked for a correction in the newspaper.  She also questioned Mr. Fox about the elected officials’ meeting.

CONSENT AGENDA

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

Bid Award.  Authorized low bid of Berger Chevrolet for three police vehicles in the amount of $18,337.00 each.

Payment Authorization.  Authorized payment to Layne- Northern Co. for a test well and soil analyses at the Hintz Well Site in the amount of $6,491.25.

Warrant No. 315.  Accepted Warrant No. 315 as follows:

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.
 

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

NAYS:              None.

ITEMS OF BUSINESS

MICHIGAN MUNICIPAL LEAGUE CONVENTION REPRESENTATIVE

Motion by Councilperson Ford to designate City Manager Gregg Guetschow as City Representative and Mayor John C.M. Davis as Alternate to cast vote of municipality at the Annual Michigan Municipal League Convention business meeting on September 21, 2005.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

KORNER PUB REQUEST

Motion by Councilperson Owen to approve temporary changes to the liquor license permit (serving outside of their usual premises) for outside event September 10, 2005 at the Korner Pub in Westown.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

LIQUOR LICENSE TRANSFER REQUEST – 800 SOUTH CHIPMAN STREET

Motion by Councilperson Owen to approve request from T.C.M. Inc. to transfer ownership of escrowed 2005 SDD & SDM Licensed business located at 800 South Chipman Street, Owosso, MI 48867, Shiawassee County, contingent upon the completion of a satisfactory inspection as required by City of Owosso Liquor License Rules and Regulations.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
ADMINISTRATIVE CONSENT ORDER REVISIONS

Motion by Councilperson Ford to adopt revisions to recent Sanitary Sewer Overflow Correction Program Administrative Consent Order as follows:

3.4       The City agrees that by March 1, 2007, the City will submit an initial work plan for review and approval that will list a schedule with dates, beginning in 2007, not to exceed ten years for an efficient and appropriate control strategy to reduce or contain I/I from private sector sources and that is equivalent to the remedial design standard of the 25-year/24-hourstorm, using growth conditions and normal soil moisture and in accordance with the DEQ Sanitary Sewer Overflow Policy of December 27, 2002.

            Some initial options include:

                     1.     I/I reduction including gravity footing drain separation, or

                     2.     Public sector I/I reduction; private sector inflow reduction without gravity footing drain removal, and retention of flow which exceeds system capacity through the use of satellite retention basins or a single basin, or

                     3.     A combination of gravity footing drain separation, retention, and storage.

3.5       Implementing the Control Strategy from Private Sector Sources

           A.  If the City and the DEQ determine that the City will complete the requirement for a control strategy through I/I reduction including gravity footing drain separation, based upon approval of the initial work plan submitted in accordance with paragraph 3.4 of this Consent Order, the City shall submit a final work plan to the DEQ for review and approval by no later than June 1, 2007.  This final work plan shall:

  1.  Describe the strategy for the separation efforts of the private section sources of I/I to the City’s system, including appropriate permitting needs; 

2.   Include time frames for separation efforts not to exceed ten years;

3.   Describe the location of the sources and the way in which the City will ensure compliance from the homeowner for the separation effort;

4.   Describe the reporting method and frequency of reporting that the City will use to notify the DEQ of its progress of the separation efforts, which may include, but its not limited to reporting at the same time as the annual report required by paragraph 3.6 of this Consent Order; and

5.   Provide for one year of flow monitoring after the ten years of separation efforts to comply with the provisions of the remedial design standard of the 25-year/24-hourstorm, using growth conditions and normal soil moisture and in accordance with the DEQ Sanitary Sewer Overflow Policy of December 27, 2002.

B.  If the City and the DEQ determine that retention and related facilities are needed as a part of the control strategy chosen, based on the results of the flow monitoring conducted in 2005 and 2006, the City shall submit a basis of design with appropriate details for review and approval describing the necessary size, planned location(s), design, and financing of the facilities by June 1, 2007.  The appropriate permitting shall be obtained prior to the beginning of construction and the construction of these facilities shall be completed by December 1, 2010.

C.   If the City and the DEQ determine that a combination of gravity footing drain separation, retention, and storage is needed, based on the results of the flow monitoring conducted in 2005 and 2006, the basis of design for review and approval describing necessary size, planned location(s), design, and financing of the gravity footing drain separation, retention and storage shall be submitted by June 1, 2007.  The appropriate permitting shall be obtained prior to the beginning of construction and the construction of the retention and storage of this option shall be completed by December 1, 2010; and the gravity footing drain separation of this option shall be completed no later than June 1, 2017.

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

WATER RATE REVISIONS

There was Council discussion regarding the proposed rate increase, anticipation of increases in sewer charges in 2007 dependent on need for detention, consideration of the usage rates being geared to annual CPI for 2006, different approaches for setting rates, comparables, appropriate timing of consideration of rate increase is budget setting time, water is still minimum, coming in below budget because of deferring capital expenditure, unable to provide appropriate service with less personnel, quarterly billing could lead to more delinquencies, an annual review of rates, and default to CPI but take additional costs into consideration.

Councilperson Owen asked for a review of rates based upon the CPI.

Motion by Councilperson Owen to table until September 6, 2005 meeting consideration of resolution for proposed water rate schedule to allow time for additional information.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

HOLMAN POOL MILLAGE

City Manager Guetschow addressed the Council regarding the proposed millage question.  He commented regarding the “two years” for the millage versus a long term millage, current budget conditions and not wanting to put in place a long term budget obligation, and Council not having to levy millage if funds are available from another source.  He also commented that voters should have the opportunity to look at it periodically.

There was Council discussion regarding the cost to collect being equal to amount made, age of facility, estimated cost to replace $1M to $1.5M, unknown facility defects, and maintenance costs.

Councilperson Sumrack commented that there was no alternative and that the public should decide if they want to keep the pool open.

Motion by Councilperson Sumrack to adopt the following resolution:

HOLMAN POOL MILLAGE PROPOSAL

WHEREAS, property tax limitations required by Michigan’s Constitution and reductions in revenue sharing received by the City of Owosso from the state have necessitated spending reductions in the City’s budget in the current fiscal year; and

WHEREAS, among those reductions is the elimination of funds for the operation of Holman Pool after the 2005 season; and

WHEREAS, it is expected that the City’s fiscal situation will not improve sufficiently over the next two fiscal years to enable the restoration of funds for the operation of Holman Pool; and

WHEREAS, the City of Owosso has had a long history of providing swimming pools for summer recreation by members of the community; and

WHEREAS, the Owosso City Council believes that it is desirable to enable voters to decide whether Holman Pool should be available for use in future years by authorizing an additional millage to be dedicated to that purpose; and

WHEREAS, the Michigan Constitution of 1963 requires that the levy of a new millage be authorized by a vote of the electorate;

NOW, THEREFORE, BE IT RESOLVED, that the following proposal be certified to the County Clerk and submitted to the electors in the City of Owosso at the November 8, 2005 City general election:

NEW ADDITIONAL MILLAGE PROPOSAL
(HOLMAN POOL MILLAGE)

            This proposal requests authorization for the levy of a new additional millage for the purpose of staffing, operating, maintaining, repairing and improving Holman Pool and associated facilities and infrastructure. If authorized by the voters, it is estimated that the levy of the entire millage would generate $100,000 the first year.

            Shall a new additional millage for Holman Pool be levied in an amount not to exceed .3846 mill ($.3846 per $1,000 of taxable valuation) annually for a period of two years?

                                                                        YES____________

                                                                        NO_____________

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

SET HEARING FOR OBSOLETE PROPERTY REHABILITATION DISTRICT

Motion by Councilperson Owen to set a public hearing for September 6, 2005 to receive citizen comment regarding designation of Obsolete Property Rehabilitation District for 1231 West Main Street and 201 Robbins Street.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

EXECUTIVE SESSION

Motion by Councilperson Owen to approve an Executive Session to follow regular session to discuss the acquisition of real property.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Stephen E. Corey, Mayor – City of Corunna.  Thank you letter to Public Safety Director Compeau.

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

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

Michael T. Compeau, Public Safety Director.  July 2005 Police Department Report.

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

CITIZEN COMMENTS

Betty Coon, 1204 Palmer Street, commented further about the proposed water rates and the way the billing is currently done; how millage is reviewed; MML convention costs; and ambulance transfer policy.

Burton Fox, 216 East Oliver Street, asked for clarification on the millage term.  He also commented about the parking on the old Hotel site.

Don Forster, 1221 North Adams Street, inquired what would happen to the Holman Pool property if the millage question does not pass.

Mike Bruff, 707 West King Street, commented regarding the proposed water rates increase and selling water to the townships.

Rob Buckley, 1786 Morrice Road, commented regarding quarterly billing and security deposits.  He commented that he doesn’t think that quarterly billing is a good idea.

Roger Snyder, 418 East Oliver Street, inquired about the funding for Holman Pool.  He suggested cutting in other places.

Jack Bott, 1513 Hiawatha Drive, thanked Utilities Director Gary Burk for his consideration in an adjustment to his utility bill and he also thanked Mr. Saunders for his comments.

Wayne Roszman, Shiawassee County Commissioner, commented regarding activities of the County Commission.

Gary Burk commented in response to issues raised about selling water outside of town and the cost in getting the water to the townships.  He commented about what it takes to get the pipe in the ground and the economics of the situation.

City Manager Guetschow responded to questions regarding Holman Pool and no additional funds for spring 2006.  The park would still be maintained.  He also commented that Council can take other action to eliminate something to fund the pool.

ADJOURN TO EXECUTIVE SESSION

Motion by Councilperson Ford to adjourn to Executive Session at 9:31 p.m. 

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

THE CITY COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 9:31 P.M.

THE CITY COUNCIL RETURNED FROM EXECUTIVE SESSION AT 9:52 P.M.

APPROVE JULY 18, 2005 EXECUTIVE SESSION MINUTES

Motion by Councilperson Robertson to approve the July 18, 2005 Executive Session Minutes as presented.

Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 9:55 p.m., supported by Councilperson Robertson and concurred in by unanimous vote.
                        _____________________________________                                                            Mayor John C.M. Davis, Mayor

_____________________________________                                                            Gail L. Schultz, City Clerk