PRESIDING OFFICER:             MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. KENNETH HERBRUCK

                                                OWOSSO ASSEMBLY OF GOD

PLEDGE OF ALLEGIANCE:      CITY CLERK GAIL L. SCHULTZ

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

ABSENT:                                  Councilperson Mark D. Owen.

APPROVE AGENDA

Motion by Mayor Pro-Tem Osika to approve the agenda as presented.  Motion supported by Councilperson Ford and concurred in by unanimous vote.

APPROVE MINUTES - REGULAR MEETING OF NOVEMBER 1, 2004

Motion by Councilperson Robertson to approve the Minutes of the Regular Meeting of November 1, 2004 as presented.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

MAYOR DAVIS READ THE RULES FOR ADDRESING THE CITY COUNCIL.

PROCLAMATIONS / SPECIAL PRESENTATIONS

Proclamation– Homeless Awareness Week.  Mayor Davis and Mayor Pro-Tem Osika read the following proclamation of the Mayor’s Office declaring November 14-20, 2004 as “Homeless Awareness Week” in the City of Owosso:

A PROCLAMATION

OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN

PROCLAIMING THE WEEK OF NOVEMBER 14-20, 2004 AS

“HOMELESS AWARENESS WEEK” IN THE CITY OF OWOSSO

WHEREAS,      every day there are between 20 and 60 homeless men, women and children in Shiawassee County who do not have a place to call home; and

WHEREAS,      every year, public and private agencies observe Homeless Awareness Week to increase awareness and focus attention on the needs of homeless individuals and families; and

WHEREAS,      local agencies and organizations work daily to prevent homelessness and assist those who have become homeless; and

WHEREAS,      the theme of Homeless Awareness Week this year is “Bright Ideas to End Homelessness”.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim the week of November 14-20, 2004 as “Homeless Awareness Week” in the City of Owosso, and I encourage all citizens to recognize and support the efforts of those who help the homeless.

Proclamation– Epilepsy Awareness Month.  Mayor Davis and Mayor Pro-Tem Osika read the following proclamation of the Mayor’s Office declaring November 2004 as “Epilepsy Awareness Month” in the City of Owosso:

A PROCLAMATION

OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN

PROCLAIMING NOVEMBER 2004 AS

EPILEPSY AWARENESS MONTH IN THE CITY OF OWOSSO

WHEREAS,      epilepsy is one of the leading health concerns affecting more than 2.3 million people in the United States, including approximately 98,000 individuals in Michigan; and

WHEREAS,      the Epilepsy Foundation of Michigan was founded in 1948 and is dedicated to empowering individuals with epilepsy with seizure management tools; and

WHERAS,         the Epilepsy Foundation of Michigan works diligently to meet its goal of providing awareness and understanding of this neurological disorder.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim the month of November 2004 as “Epilepsy Awareness Month” in the City of Owosso, Michigan and do hereby encourage all citizens of this community to acknowledge and support the Epilepsy Foundation and their activities to inform and serve the citizens of our community because their services make a difference.

Laura Rolando accepted the proclamation and thanked the City Council for their continued support.

Legislative Update.  State Senator Valde Garcia commented regarding upcoming issues to be addressed by the current legislature.  He commented regarding no changes to the current tax structure, no sales tax on services, and no changes on term limits.  He also commented work being done to “clean up” the mobile home tax issue and the budget struggle.  He reported that municipalities should expect revenue sharing cuts for the next budget year.  Senator Garcia encouraged municipalities to work together to provide services.

PUBLIC HEARING

ORDINANCE AMENDMENT­                 Chapter 2, Administration, Article VII, Employees’ Municipal Pension, Sections 2-403 and 2-404.

ORDINANCE NO. 663

The public hearing was conducted to receive citizen comment regarding proposed ordinance amendments to Chapter 2, Administration, Article VII, Employees’ Municipal Pension, Sections 2-403, Board of trustees, and Section 2-204, Trustees’ term of office—oath, of the Code of Ordinances of the City of Owosso, Michigan.

Whereas, the Council, after due and legal notice, has met and there being no one to be heard, motion by Councilperson Ford that the following ordinance be adopted:

ORDINANCE NO. 663

AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE VII, EMPLOYEES’ MUNICIPAL PENSION, SECTIONS 2-403, BOARD OF TRUSTEES, AND SECTION 2-204, TRUSTEES’ TERM OF OFFICE—OATH, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 2, Administration, Article VII, Employees’ Municipal Pension, Sections 2-403, Board of trustees, and Section 2-204, Trustees’ term of office—oath, of the Code of Ordinances of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:

Sec. 2-403. Board of trustees.

            (a)        There is hereby created a board of trustees in whom is vested the general administration, management, and responsibility for the proper operation of the retirement system and for making effective the provisions of this article. The board shall consist of seven (7) trustees as follows:

            (1)        The mayor;

            (2)        A councilman who is not eligible to participate in the retirement system as a member or retirant;

            (3)        A citizen who has the qualifications required by the charter for holding an elective city office and who is not eligible to participate in the retirement system as a member or retirant, to be appointed by the council;

            (4)        A policeman member to be chosen by the policemen members;

            (5)        A fireman member to be chosen by the firemen members, and

            (6)        Two (2) general city members:  One (1) general city member to be chosen by the non-unionized general city members and one (1) general city member to be chosen by the unionized general city members.

            (b)        The choosing of the trustees provided for in paragraphs (4), (5), and (6), above, shall be held in the month of May in each year under such rules and regulations as the board shall, from time to time, adopt.

Sec. 2-404. Trustees' terms of office--Oath.

The regular term of office of the trustees provided for in section 2-403 (a) sub-paragraphs  (3), (4), (5), and (6) shall be for four years. The term of office shall expire at the end of each four-year period subsequent to July 1, 1965, for the police department trustee; July 1, 1966, for a general city employee trustee; July 1, 1967, for the fire department trustee; and July 1, 1968 for the second general city employee trustee. The non-employee trustee shall serve at the pleasure of the council. Each trustee shall, within ten days after he has been appointed or chosen, as the case may be, take the oath of office which shall be administered by the clerk.

Section 2. This ordinance shall take effect December 5. 2004.

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.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Owen.

CITIZEN COMMENTS

Shelva Cebulski, 1243 Marion Street, commented that she was happy to see the M-52 Bridge open and that the crews were doing a good job with the leaf pickup.

Joe Nowacki, 710 Ament Street, commented regarding his tree complaint.  He thanked Mayor Davis and Public Works Director Jelinek for looking at his concern.  Mr. Nowacki also questioned the City Code related to fence installation.

Laura Rolando, 1013 South Chipman Street, commented regarding the SATA appointment.  She encouraged City Council to appoint someone who will listen to the needs of all citizens.  She also commented that she would be sending the Epilepsy Month proclamation to the State organization.

City Manager Gregg Guetschow said that he would inform Building Official John Archer about Mr. Nowacki’s fence complaint.

CONSENT AGENDA

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

Bid Award.  Accepted low bid of Irish Construction for the demolition of structures located at 419, 423, and 501 Abrey Avenue in the amount of $13,900.00.

Bid Award.  Accepted bid of Jack Doheny Supply for one sewer jet and vactor truck in the amount of $258,332.00.

Change Order.  Authorized Change Order No. 1 decreasing the amount of the bid award to Constine, Inc. by $7,704.17 for the 2004 Street Program.

Contract Payment.  Authorized Final Payment to Constine, Inc. in the amount of $35,249.01 for work done on the 2004 Street Program.

Warrant No. 303.  Accepted Warrant No. 303 as follows:

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Owen.

ITEMS OF BUSINESS

SIGNATURE AUTHORIZATION

Motion made by Councilperson Ford to adopt the following resolutions that authorize designated city personnel to sign purchase agreements, warranty deeds, and associated closing documents for unit sales at the Osburn Lakes Single Family Condominium and Duplex Condominium Project:

RESOLUTION NO. 1

(Single Family Condominium)

         WHEREAS, the City of Owosso, as Optionor, entered into an Option to Purchase Real Property with Woodside West L.L.C., a Michigan limited liability company, for the purchase of 83 lots in the development commonly known as Osburn Lakes Condominium and memorialized in the Master Deed recorded in Liber 1069, Page 159; and

         WHEREAS, for the convenience of all parties involved, it is necessary to designate City of Owosso officers to sign all documents necessary to accomplish a sale when the Option to Purchase Real Property is exercised with respect to particular lots;

         NOW, THEREFORE, BE IT RESOLVED that the following City of Owosso officers may sign all documents necessary to sell and close a sale of the lots in said Master Deed:

               The City of Owosso Clerk Gail L. Schultz or the City of Owosso Deputy Clerk Amy K. Kohagen and The Owosso City Manager Gregg G. Guetschow, City Treasurer Ronald J. Tobey or City Assessor Larry D. Cook.

RESOLUTION NO. 2

(Duplex Condominiums)

         WHEREAS, the City of Owosso sold a certain parcel of real property to Woodside West L.L.C., a Michigan limited liability company, for the purpose of developing condominiums and said condominiums are described in a Master Deed recorded at Liber 1057, page 595, of the Shiawassee County Records;

         WHEREAS, the City of Owosso holds a Mortgage on the property which must be partially discharged each time a unit is sold and convenience requires that a City officer sign the partial discharges; and

         WHEREAS, the City Attorney has previously signed partial discharges upon receipt of payment.

         NOW, THEREFORE, BE IT RESOLVED that the following City of Owosso officers may sign all documents necessary to discharge the mortgage on said property:

               The Owosso City Manager Gregg G. Guetschow, City Treasurer Ronald J. Tobey, City Assessor Larry D. Cook or City Attorney William C. Brown.

         IT IS FURTHER RESOLVED that the discharges previously signed by the City Attorney are ratified.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Owen.

SATA DISPUTE RESOLUTION COMMITTEE APPOINTMENT

Motion by Mayor Pro-Tem Osika to appoint Councilperson Horvath as the City of Owosso representative to the SATA Dispute Resolution Committee.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Owen.

OWOSSO DRAIN PROJECT RESOLUTION

Motion by Mayor Pro-Tem Osika to approve the following resolution related to the Owosso Drain Project authorizing the City Clerk to prepare and execute various official documents:

WHEREAS, proceedings have been taken by the Shiawassee County Drain Commissioner for improvements to the Owosso Drain (the "Project") located in the County of Shiawassee, under the provisions of Chapter 8 of the Drain Code of 1956, as amended, pursuant to a petition filed with the Drain Commissioner; and

WHEREAS, the Project is to be financed in part from the proceeds of bonds (the "Bonds") in the amount of $2,265,000 to be issued by the Owosso Drain Drainage District (the "Drainage District") in anticipation of an equal amount of special assessments against property and public corporations (including the City of Owosso) in the Drainage District; and

WHEREAS, 50.69357% of the cost of the Project has been assessed against the City of Owosso (the "City") at large; and

WHEREAS, the Drain Commissioner has requested the City Council to adopt this resolution to acknowledge the amount of the assessment against the City at large with respect to the Project and to authorize certain actions by the City in connection with the issuance of the Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWOSSO, AS FOLLOWS:

1.         The City Council hereby acknowledges that the City has been assessed 50.69357% of the cost of the Project at large and that such assessment shall be payable in 20 equal annual installments, together with interest on the unpaid amount thereof at a rate per annum not in excess of 1% above the average interest rate borne by the Bonds.

2.         The Clerk is authorized to cause the preparation of those portions of a preliminary and final official statement with respect to the Bonds that pertain to the City, and to do all other things necessary for compliance with Rule 15c2‑12 issued under the Securities Exchange Act of 1934, as amended (the "Rule").  The Clerk is authorized to execute and deliver such certificates and to do all other things necessary to effectuate the sale and delivery of the Bonds.

3.         The Clerk is authorized to execute a certificate of the City, constituting an undertaking to provide ongoing disclosure about the City for the benefit of the holders of the Bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate").  The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.

4.         All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Owen.

COMMUNICATIONS

Shiawassee Homeless Resolution Task Force.  Invitation to annual Building Hope Award Ceremony.

Janet Washburn, City of Corunna Parks and Recreation Director.  Invitation to Festival of Trees.

John F. Archer, Building Official.  October 2004 Building Department Report.

John F. Archer, Building Official.  October 2004 Code Violations Report.

Downtown Development Authority.  Minutes of Meeting of November 4, 2004.

Owosso Historical Commission.  Minutes of Meeting of October 19, 2004.

Shiawassee Area Transportation Agency.  Minutes of Meetings of August 10, 2004; August 30, 2004; September 14, 2004; September 28, 2004; and October 12, 2004.

Councilperson Robertson questioned the timing of receipt of the SATA Board Meeting Minutes.

CITIZEN COMMENTS

Kevin Brown, 217 Curwood Castle Drive, commented that he was glad the M-52 Bridge was done.  He also commented regarding the landscaping that needs to be done in the area of the Curwood Castle sign.

Mayor Pro-Tem Osika commented regarding Councilperson Ford’s upcoming trip to Nigeria to participate in a program to eradicate polio.

Mayor Davis thanked everyone for their support during his mother’s illness.

Councilperson Sumrack questioned the status of the emerald ash borer problem.  City Manager Guetschow and Public Works Director Jelinek commented that further study was being done by the Michigan State Extension Department.

AJOURNMENT

Motion by Councilperson Ford for adjournment at 8:03 p.m., supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

_____________________________________

John C.M. Davis, Mayor

                                                          _____________________________________

Gail L. Schultz, City Clerk