PRESIDING OFFICER:             Mayor John C.M. Davis

OPENING PRAYER:                 Rev. Rodger DeVore
                                                Owosso First Church of the Nazarene

PLEDGE OF ALLEGIANCE:      Philip D. Heavilin

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.

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

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 15, 2005

Motion by Councilperson Robertson to approve the Minutes of the August 15, 2005 Regular Meeting as presented.

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

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF AUGUST 29, 2005

Motion by Councilperson Ford to approve the Minutes of the Special Meeting of August 29, 2005 as presented.

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

PROCLAMATIONS / SPECIAL PRESENTATIONS

MAYORAL PROCLAMATION

Mayor Davis and Mayor Pro-Tem Osika presented the following Proclamation designating the week of September 4-10, 2005 as Suicide Prevention Week in the City of Owosso:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
DESIGNATING SEPTEMBER 4-10, 2005 AS
“SUICIDE PREVENTION WEEK” IN THE CITY OF OWOSSO

WHEREAS,      suicide is the 11^th leading cause of all deaths in the United States and the 3^rd leading cause of death among individuals between the ages of 15-24; and

WHEREAS,      suicide is now the 12^th leading cause of all deaths in the state of Michigan and the 3^rd leading cause of death among people ages 15-24; and

WHEREAS,      in the United States, one person completes suicide every 17 minutes; and

WHEREAS,      it is estimated that 4.47 million people in the United States are survivors of suicide and have lost someone to suicide; and

WHEREAS,      the issue of suicide and how to prevent it is of extreme importance and must be recognized as having an immediate need for awareness and prevention; and

WHEREAS,      statistics show that awareness, education and prevention do save lives, and heightened community awareness will encourage communities to develop strategies to prevent suicides; and

WHEREAS,      The American Association of Suicidology, Michigan Suicide Prevention Coalition, and Michigan Association Suicide Prevention support suicide prevention initiatives.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim September 4-10, 2005 as “Suicide Prevention Week” in the City of Owosso, and further encourage all citizens of this community to work to prevent suicide and to raise awareness and tolerance around all people touched by this tragedy.

PUBLIC HEARING

OBSOLETE PROPERTY REHABILITATION DISTRICT –
1231 WEST MAIN STREET AND 201 ROBBINS STREET

Philip B. Hathaway, Director of Community Development, addressed the City Council regarding the process for the creation of an Obsolete Property Rehabilitation District.  He outlined the findings that City Council would have to make to create the district.

The Public Hearing was held to receive citizen comment regarding the designation of a Obsolete Property Rehabilitation District for 1231 West Main Street and 201 Robbins Street.

The following persons addressed the City Council regarding the proposed district:

Carol Hansen, 122 Robbins Street, inquired regarding the designation of the property as PUD versus an Obsolete Property Rehabilitation District and any possible changes in the proposed project that could occur.

Girard Dion, 821 South Washington Street, addressed the City Council in opposition to tax abatements.

Mike Bruff, 707 West King Street, addressed the City Council in support of tax abatements that would bring investment to the City.

There was general Council discussion regarding the length of a tax abatement; guidelines for this type of development; length of previous districts; and new buildings with tax abatements.

Motion by Councilperson Owen to adopt the following resolution:

RESOLUTION ESTABLISHING AN OBSOLETE PROPERTY REHABILITATION DISTRICT

Whereas, an application to the City Clerk of the City of Owosso has been made from Roberto Larrivey, who has an interest in the property at 1231 West Main Street and 201 Robbins Street in Owosso, for the establishment of an Obsolete Property Rehabilitation District; and,

Whereas, State of Michigan, PA 146 of 2000, provides for the creation of the District in Qualified Local Government Units with the City of Owosso established as one of Michigan’s qualified local government units; and,

Whereas, the property is an eligible commercial property for use in commercial business enterprise and commercial residential property; and,

Whereas, property owners in the proposed district received proper notification of a public hearing not less than 10 days or more than 30 days before the date of the hearing; and,

Whereas, general standards for and a definition of “obsolete property” are provided for in State of Michigan Public Act 146 of 2000.

Now, Therefore, Be it Resolved, that the City Council of the City of Owosso sets forth a finding and determination that the parcels at 1231 West Main Street and 201 Robbins Street meet the standard of “obsolete property” with respect to the more particular definition of “functional obsolescence” as provided for in State of Michigan Public Act 146 of 2000; and,

Furthermore, Be it Resolved, that the City Council of the City of Owosso establishes an Obsolete Property Rehabilitation District at 1231 West Main Street and 201 Robbins Street in the City of Owosso, more particularly described as:

            Parcel 1—1231 West Main Street legally described as: LOTS 7 & 12 & 13 (EXC S 15' OF LOT 13),ALSO EXC COM AT SW COR OF SD LOT 13, N'LY 15' ALONG W LN OF SD LOT- E'LY 60' PARALLEL WITH S LN OF SD LOT 13 TO POB; N'LY 9.5', E'LY 105' M/L TO E LN SD LOT 13', S'LY 14' M/L ALNG E LN OF SD LOT 13 TO A PT WHICH IS 15' N'LY OF THE SE COR OF SD LOT 13, W'LY 105' M/L TO POB. ALSO EXC, BEG AT A POINT THAT IS S01*27'20"W, ON W LN OF BLK 14. 303.10' FROM NW COR OF SAID BLK 14, TH S89*54'00"E, 49.26', TH S01*29'18"W, 23.09', TH S89*17'03"E, 1.60', TH S01*29'18"W, 60.99', TH N88*42'05"W, 50.81' TO W LN OF BLK 14, TH N01*27'20"E, 84.75' TO POB. ASSESSOR'S PLAT NO. 3. ALSO LOT 9 EXC W 154' GEO THOMAS ADD ALL LYING WITHIN THE CITY OF OWOSSO, SHIWASSEE COUNTY, MICHIGAN.

            Parcel 2—201 Robbins Street legally described as: A PART OF LOTS 12 & 13, BLK 14, CITY ASSESSOR'S PLAT NO. 3, CITY OF OWOSSO, SHIAWASSEE COUINTY, MICHIGAN; BEG AT A POINT THAT IS S01*27'20"W, ON W LN OF BLK 14. 303.10' FROM NW COR OF SAID BLK 14, TH S89*54'00"E, 49.26', TH S01*29'18"W, 23.09', TH S89*17'03"E, 1.60', TH S01*29'18"W, 60.99', TH N88*42'05"W, 50.81' TO W LN OF BLK 14, TH N01*27'20"E, 84.75' TO POB.  .098 ACRES M/L.  SUBJECT TO EASEMENT FOR INGRESS AND EGRESS.

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

Girard Dion, 821 South Washington Street, addressed the City Council regarding water service to townships, the pool millage proposal, and the relationship between the City and the YMCA for the operation of the pool and soccer fields.

Sandy Harvey, 1398 North Hickory Street, questioned the tax abatement action and the time for abatement.  She was advised that this action was the creation of a district, not approval of a tax abatement.

Jason Henry, 2309 Meadowdown Drive, commented regarding the pool millage proposal, the employees that work there, and the use of the pool by kids. He also commented about confusion with directional signaling by high school students at the intersection of Hickory and North Streets.

Mike Bruff, 707 West King Street, commented in opposition to a water rate increase.

Mike Cline, 411 North Chipman Street, commented in support of Mr. Bruff’s comments made during the public hearing regarding tax abatements.  He also cautioned the City Council to keep in mind what AO Smith did after they received a tax abatement.

CONSENT AGENDA

Motion by Mayor Pro-Tem Osika to approve the Consent Agenda as follows:

Set Public Hearing – Brownfield Redevelopment Plan.  Set a Public Hearing for October 3, 2005 to receive citizen comment regarding proposed Brownfield Redevelopment Plan--"District #10, 1000 Bradley Street."

Set Public Hearing – Industrial Facilities Exemption Certificate.   Set a Public Hearing for September 19, 2005 to receive citizen comment regarding the application of TiAL Products, Inc. for an Industrial Facilities Exemption Certificate for real property improvements at 615 Cass Street.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

LOT SPLIT AUTHORIZATION – 761 Center Street

Motion by Councilperson Owen to authorize the division of City lot under Michigan Subdivision Control Act for platted lot described as 761 Center Street as follows:

Current Description Entire Parcel

050-450-000-035-00

761 Center Street

Lots 33 (Ex N 80’) & Lot 34, Oak Grove Add

New Description after Split

050-450-000-035-00

761 Center Street

Lot 33 (Ex N 80’) & Lot 34 (Ex S 70’), Oak Grove Add

Description of Split Parcel (Vacant Lot)

S 70’ Lot 34 Oak Grove Add

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

CONTRACT AGREEMENT

Motion by Councilperson Robertson to authorize a Contract Agreement with Shiawassee County for plumbing and mechanical plan review and field inspections for a set fee of $650 per month regardless of the number of inspections.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

USE OF WOODARD PAYMASTER BUILDING

Motion by Councilperson Robertson to authorize the use of the Woodard Paymaster Building by the Shiawassee Arts Council to house additional art classes as outlined in the letter of August 25, 2005 from Piper E. Brewer, Executive Director of the Shiawassee Arts Council.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

LICENSE TO ENTER PREMISES AGREEMENT

Philip B. Hathaway, Director of Community Development, announced that Mr. Shepherd of the Tuscola and Saginaw Bay Railway Company had signed the proposed agreement.

Motion by Councilperson Sumrack to authorize a License to Enter Premises Agreement for a parcel owned by Tuscola and Saginaw Bay Railway Company, Inc. as follows:

LICENSE TO ENTER PREMISES

            THIS LICENSE TO ENTER PREMISES is dated September 6, 2005 and is between TUSCOLA AND SAGINAW BAY RAILWAY COMPANY, INC., a Michigan corporation of 600 Oakwood Avenue, P.O. Box 550, Owosso, Michigan 48867 (“Licensor”) and the City of Owosso, a Michigan municipal corporation of 301 West Main Street, Owosso, Michigan 48867 (“Licensee”).

            WHEREAS, Licensor owns a certain parcel of real property described as Exhibit A and a fire occurred on a contiguous parcel known as the Vaungarde parcel; and described on Exhibit B.  Both parcels shall be referred to as “the premises”.

            WHEREAS, the fire caused total destruction of the buildings on the premises and there remains substantial rubble, debris and rubbish on the premises which Licensee intends to remove from the premises.

            NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

            1.         Licensor hereby grants Licensee, its employees, agents and subcontractors, a license to enter the property described on Exhibit C for the purpose of removal of rubble, debris and rubbish.  Licensee will not remove concrete footings or concrete floors which are not at grade level.

            2.         Licensee will comply with state or federal laws or regulations regarding disposal of any materials and such disposal shall be the responsibility of Licensee.

            3.         After entry on the premises, Licensee shall return the premises to a gravel surface except for footings and flooring.  Licensee shall defend and indemnify Licensor from all damages caused by entry upon the premises by Licensee, its employees, agent and subcontractors.

            4.         The term of this License to Enter Premises shall be from the date first above written until the expiration of six (6) months unless extended in writing by mutual agreement of the parties.

            5.         This License to Enter Premises contains the entire agreement of the parties with respect to its subject matter.  This License to Enter Premises shall not be amended without the written consent of the parties.  The provisions of this License to Enter Premises shall survive expiration of its terms.

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

Attachment A

Legal Description of Tuscola Saginaw Bay Railway Company, Inc. Premises

            Description for Parcel # 050-660-007-021-00, TSBY:  Part of the Southwest ¼ of the Southwest ¼ of Section 13, T7N-R2E. City of Owosso, Shiawassee County, Michigan, described as beginning at a point that is N00º01’26” E on the West line of said Section 13 a distance of 652.88 feet and S43º47’54” E 47.69 feet to the East line of Chipman Street and N00º01’26” E on said East line a distance of 131.10 feet from the Southwest corner of Said Section 13; thence continuing N00º01’26” E 64.48 feet; thence S89º30’26” E on the South line of West River Street a distance of 70.66 feet; thence S43º47’58” E 479.31 feet; thence on a curve to the right having a radius of 1567.79 feet, a central angle of 20º45’23” and a chord bearing and distance of S33º25’07” E 564.86 feet to the North line of Main Street; thence N89º48’47” W on said North line a distance of 89.24 feet; thence N06º25’09” W 35.86 feet; thence S74º11’01” W 35.40 feet; thence on a curve to the left having a radius of 1462.80 feet; a central angle of 17º51’31” and a chord bearing and distance of N34º52’09” W a distance of 454.10 feet; thence N43º47’54” W 442.64 feet; thence N46º09’19” E 9.77 feet; thence N43º47’36” W 39.43 feet to the point of beginning, containing 2.449 acres more or less and subject to all easements and restrictions of record.

Attachment B: Demolition Site
Former Vaungarde Manufacturing Facility

Parcel #78-050-660-008-001-00 at 1000 Bradley Street legally described as Lot 8 of AL and BO Williams Addition to the City of Owosso, Shiawassee County, Michigan.

Attachment C

Description for Parcel # 050-660-007-021-00, TSBY:  A 60-foot wide strip of land that adjoins and is parallel to the north east line of the following described parcel:  Part of the Southwest ¼ of the Southwest ¼ of Section 13, T7N-R2E. City of Owosso, Shiawassee County, Michigan, described as beginning at a point that is N00º01’26” E on the West line of said Section 13 a distance of 652.88 feet and S43º47’54” E 47.69 feet to the East line of Chipman Street and N00º01’26” E on said East line a distance of 131.10 feet from the Southwest corner of Said Section 13; thence continuing N00º01’26” E 64.48 feet; thence S89º30’26” E on the South line of West River Street a distance of 70.66 feet; thence S43º47’58” E 479.31 feet; thence on a curve to the right having a radius of 1567.79 feet, a central angle of 20º45’23” and a chord bearing and distance of S33º25’07” E 564.86 feet to the North line of Main Street; thence N89º48’47” W on said North line a distance of 89.24 feet; thence N06º25’09” W 35.86 feet; thence S74º11’01” W 35.40 feet; thence on a curve to the left having a radius of 1462.80 feet; a central angle of 17º51’31” and a chord bearing and distance of N34º52’09” W a distance of 454.10 feet; thence N43º47’54” W 442.64 feet; thence N46º09’19” E 9.77 feet; thence N43º47’36” W 39.43 feet to the point of beginning, containing 2.449 acres more or less and subject to all easements and restrictions of record.

Motion supported by Councilperson Robertson.

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

NAYS:              None.

WATER RATE REVISIONS

There was general Council discussion regarding the need for the rate increase; water plant improvements debt, CPI increase, budget planning to include increases, types of service cutbacks, and current excess capacity.

City Attorney William Brown advised City Council that, based upon his review, rate increases could not be tied to the CPI.  He also commented that City Council could instruct staff to review the rates each year at budget time.

Councilperson Robertson commented regarding the City’s desire to sell water to the townships.

Motion by Councilperson Ford to adopt the following schedule:

"Pursuant to Sections 34-248. Water Rates. and 34-249. Sewer Rates. of Article V. of Chapter 34 of the Owosso City Code, the City Council does hereby resolve that the following rate schedule for water and sewer service shall be in effect for water and sewer service bills with date of billing on or after September 30, 2005. All previous resolutions or parts thereof, insofar as the same may be in conflict herewith, are hereby repealed.”

(Note: Changes from previous schedule are in bold with the previous rate show in shading for information only.) 

CITY OF OWOSSO
WATER AND SEWER RATE SCHEDULE
FOR WATER AND SEWER BILLS ISSUED ON or AFTER SEPTEMBER 30, 2005

I.          MONTHLY WATER AND SEWER RATES

Monthly water and sewer service charges consist of a demand charge plus a metered usage charge. One meter unit is equal to 100 cubic feet of water or about 750 gallons. Rates for retail out-of-town water service are double those shown below. The City has no retail out-of-town sewer service.

Bills are issued on a monthly basis and, if not paid by the due date as shown on the billing, a late payment charge of ten percent (10%) of the current amount due may be added to the next bill for failure to make prompt payment.

MONTHLY WATER SERVICE CHARGE:

$1.20 per unit + Water Demand Charge from Table(s) below. (Previous was $1.10)

MONTHLY SEWER SERVICE CHARGE:

$1.70 per unit + Sewer Demand Charge from Table below.

            For residential customers without metered water service, the monthly sewer charge shall be $21.10 per residential unit, except that a residence occupied by no more than two senior citizens shall be charged at a rate of $14.30 per month.

MONTHLY DEMAND CHARGE TABLES

A.               Potable Water Service

The demand charge for multiple residential units served by a single water meter shall be based on actual meter size provided the meter meets the minimum size requirement per the following table:

B.         Fire Protection Service

II.         EXTRA STRENGTH WASTEWATER SURCHARGES

Extra strength wastewater surcharges shall apply to those users of the City wastewater treatment system approved for the discharge of extra strength wastewater in accordance with Section 34-170. of the Owosso City Code. The surcharge rate shall be applied to loadings in excess of the base or normal strength loading.

EXTRA STRENGTH WASTEWATER SURCHARGE SCHEDULE

(Note: BOD-5 = Biochemical Oxygen Demand; TSS = Total Suspended Solids; TP = Total Phosphorous; NH3-N = Ammonia Nitrogen; MG/L = Milligrams per Liter)."

III.        HYDRANT RENTAL CHARGES

Hydrants located outside the City of Owosso and private hydrants maintained by the City of Owosso shall be subject to an annual hydrant rental charge of $108. (Previous was $94)

IV.        BULK WATER CHARGES

For users with an active city water service connection, bulk water delivered by the city from hydrants or other approved outlets for such purposes as pool filling, shall be charged at the standard metered usage rate given in Section I. above along with actual labor and equipment costs with a minimum charge of $32.50, which includes up to 5,000 gallons.  (Previous was $30)

Other bulk water sales, such as filling tank trucks, shall be charged at the rate of $6.50 per thousand gallons with a $32.50 minimum charge, which includes up to 5,000 gallons, if during the normal workday at an established city delivery point. After hours bulk water sales and/or sales at other than established city delivery points, shall be charged at the rate of $6.50 per thousand gallons plus actual labor and equipment costs. (Previous was $6.00 per thousand gallons)

(Note: These charges do not apply to water supplied for fire fighting).

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Vickie Jacobs, Charter Communications.  Letter regarding proposed “Video Choice Act of 2005”.

Michael T. Compeau, Director of Public Safety.  Emergency payment notification.

Gail L. Schultz, City Clerk.  Memo regarding change in Employee Retirement System Board meetings.

Owosso Planning Commission.  Minutes of Meeting of August 22, 2005.

Owosso Historical Commission.  Minutes of Meeting of August 16, 2005.

Shiawassee District Library Board.  Minutes of Meeting of May 25, 2005.

CITIZEN COMMENTS

Girard Dion, 821 South Washington Street, commented further regarding providing water to the township and community development going on outside the city.

Mike Bruff, 707 West King Street, commented regarding his opposition to the water rate increase.

Burton Fox, 216 East Oliver Street, commented regarding increased water rates, the council not giving township residents water, and proposed an adjustment to allow watering of yards without sewer charges.

Sandy Harvey, 1398 North Hickory Street, commented regarding her involvement in the history of township water service discussion and her trust of Gary Burk related to water and sewer services.  She commented regarding the possibility of establishing a water authority.

Don Forster, 1221 North Adams Street, commented regarding the chemicals used to treat water and the related costs.

Councilperson Owen commented regarding the water issue with the townships and his frustration with the matter.  He commented that he hoped that the next council would move forward with a water authority.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 8:32 p.m.