PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. KENNETH HERBRUCK

                                                OWOSSO ASSEMBLY OF GOD CHURCH

PLEDGE OF ALLEGIANCE:      COUNCILMAN CHARLES J. SUMRACK

PRESENT:                               Mayor John C.M. Davis, Councilpersons Joane E. Ford, Justin R. Horvath, Mark D. Owen, Linda L. Robertson, and Charles J. Sumrack.

ABSENT:                                  Mayor Pro-Tem Susan J. Osika.

APPROVE AGENDA

Motion by Councilperson Ford to approve the Agenda as presented.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF MARCH 21, 2005

Motion by Councilperson Robertson to approve the Minutes of the Regular Meeting of March 21, 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

PROCLAMATION– AUTISM AWARENESS MONTH

Mayor Davis proclaimed April 2005 as “Autism Awareness Month” in the City of Owosso as follows:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
DESIGNATING APRIL 2005 AS
“AUTISM AWARENESS MONTH” IN THE CITY OF OWOSSO

WHEREAS, Autism is a complex developmental disability that manifests during the first 3 years of life and results in a neurological disorder that affects the functioning of the brain; and,

WHEREAS, According to the Autism A.L.A.R.M. issued from The Department of Health and Human Services, The Center for Disease Control, The American Academy of Pediatrics, The Medical Home Initiatives and First Signs, it is not reported that 1 in 166 children are diagnosed with an autism spectrum disorder and 1 out of 6 children are diagnosed with a developmental disorder and or behavioral problem; and,

WHEREAS, Autism affects social interaction, communication skills, and over one and a half million people in the United States have some form of an autism spectrum disorder including High Functioning Autism, Autism, Asperger’s Syndrome and Pervasive Developmental Disorder, autism knows no racial, ethnic or social boundaries and neither income, lifestyle, nor education affects the occurrence; and,

WHEREAS, Michigan has experienced a 100 percent increase in autism in the last 5 years, occurring in approximately one of every 166 individuals, including one of every 63 children in special education in Michigan; and,

WHEREAS, Autism Spectrum Disorders are more common than Downs Syndrome, Diabetes, Muscular Dystrophy, Cystic Fibrosis and many forms of childhood cancer and autism is four times more prevalent in boys than girls and has been found throughout the world in families of all racial, ethnic and social backgrounds; and,

WHEREAS, Over the past 30 years, significant progress has been made in the areas of research, medicine, diagnostic issues, and therapies for autism, resulting in improved quality of life for those with autism and their loved ones and accurate, early diagnosis and the resulting appropriate education and intervention are vital to the future growth and development of the individual; and,

WHEREAS, Accurate, early diagnosis and the resulting appropriate education and interventions are vital to the growth and development of the individual, it is important to continue research and advocacy efforts to find a cure and to improve understanding of autism; and,

WHEREAS, Unlocking Autism is a non-profit organization that brings greater awareness to the autism spectrum disorders and raises funds for autism awareness across the nation. Unlocking Autism will spend 2005 concentrating on awareness about the dramatic increase through our Autism Alert: Code Orange campaign. Additionally, toward the summer Unlocking Autism will begin shifting the focus from work on a national political level to establishing grass roots training initiatives in key states in the Midwest to begin working toward the 2008 election season. Unlocking Autism strongly believes that teaching the general public about autism in conjunction with strengthening the grass roots of parents and children affected by the disorder will allow for a stronger community and greater accomplishments for years to come.

WHEREAS, it is in the interest of the City of Owosso, Michigan to recognize the achievements made and to continue these efforts by promoting and fostering the understanding of autism.

NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Owosso, and on behalf of the City Council, I hereby proclaim April 2005 as AUTISM AWARENESS MONTH and April 27, 2005 as AUTISM AWARENESS DAY.

CITIZEN COMMENTS

Terry Rodgers, 4300 South Friegel Road, Laingsburg, addressed the City Council regarding his safety concerns with the hotel demolition project.

Lori Rodgers Roll, 4300 South Friegel Road, commented regarding the hotel demolition process.

Councilperson Horvath asked Director of Community Development Hathaway to respond to the concerns expressed by Mr. Rodgers and Ms. Roll.  There were general questions from council members.

In response to Councilman Horvath's request, Philip Hathaway, Director of Community Development explained to the Council that the City is subject to the United States Code of Federal Regulations under both the Environmental Protection Agency and Occupational Safety and Health Administration standards for asbestos management.  He reported that in order to implement these standards, the City has hired Trust Thermal Abatement of Dewitt to draft Technical Specifications for the Demolition of an Asbestos Containing Building.  These specifications are in the contract agreement with North American Dismantling Corporation who will demolish the structure.  The method of protection is to spray a mist on the work area for the duration of the demolition and the loading process.  As a further precaution, the City has hired Trust Thermal Abatement to be a third party air quality monitor to test the atmosphere about the site and on the site during the time that demolition and loading of demolition materials takes place.  At the outset, air quality testing will be conducted 12 times daily and, if findings demonstrate compliance around 4 times daily thereafter. Although Trust Thermal is under contract with the city, their authority to stop work in the event of a finding is autonomous and the work cannot start again until an improved plan of air quality compliance is established

Councilperson Owen asked about a warranty on the bricks for Michigan Avenue.  City Engineer Ronald Baker responded that a meeting with the brick supplier has been scheduled.

CONSENT AGENDA

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

Bid Award.  Accepted low bid of D.N. West Enterprises in the amount of $15,075.00 for repairs to the Gould House.

Bid Award.  Accepted low bid of The Argus Press Company in the amount of $2.00 per column inch for legal notice and minutes synopsis printing services for the period July 1, 2005 through June 30, 2007.

Bid Award.  Accepted low bid from L & L Construction for the 2005 Street Program in the amount of $382,341.84.

Contract Amendment.  Authorized Amendment No. 3 to the professional engineering services agreement with Fishbeck, Thompson, Carr and Huber, to authorize an increase of $1559.00 in the not to exceed amount for the Water Treatment Plant Improvement Project construction phase engineering services.

Contract Payment.  Authorized Final Payment to Fishbeck, Thompson, Carr and Huber in the amount of $1655.75 for work done on the Water Treatment Plant Improvement Project.

Mortgage Subordination Agreement.  Authorized Mortgage Subordination Agreement with Republic Bank as it relates to 805 Grand Avenue (Steven & Betty Walther - Mortgagor) and further authorized the Mayor and City Clerk to execute appropriate documents.

Boards and Commissions Appointment.  Approved Mayoral appointment of J. David Harrelson to the Shiawassee District Library Board to fill the vacant seat created by the term limited Rob Teich for a term from July 1, 2005 through June 30, 2009.

Boards and Commissions Appointment.  Approved Mayoral appointment of Gary Wilson to the Owosso Historical Commission to fill the unexpired term of Samantha Stechschulte ending 12-31-2007.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

AYES:                 Councilpersons Ford, Owen, Sumrack, Horvath, Robertson, and Mayor Davis.

NAYS:                 None.

ABSENT:             Mayor Pro-Tem Osika.

ITEMS OF BUSINESS

UNPAID UTILITY CHARGES

Motion by Councilperson Robertson to authorize the Annual Notice for the collection of unpaid utility charges and the intent to lien therefore in compliance with Chapter 15, Section 15.4(c) of the Owosso City Charter.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

AYES:              Councilpersons Horvath, Robertson, Ford, Owen, Sumrack, and Mayor Davis.

NAYS:              None.

ABSENT:          Mayor Pro-Tem Osika.

MICHIGAN AVENUE RECONSTRUCTION PROJECT-REFUND AMENDMENT

Motion by Councilperson Owen to authorize a reduction of $667.79 in the refund to Preservation Owosso for additional costs of the Michigan Avenue Reconstruction Project.

Motion supported by Councilperson Robertson.

Roll Call Vote.

AYES:              Councilpersons Robertson, Horvath, Ford, Owen, Sumrack, and Mayor Davis.

NAYS:              None.

ABSENT:          Mayor Pro-Tem Osika.

STANDARD STREETLIGHTING CONTRACT CHANGE

Motion by Councilperson Ford to adopt the following resolution to authorize change in Standard Streetlighting Contract with Consumers Energy Company to relocate four street lights from center span mounts to pole mounts and eliminate two street lights on M-21 between M-52 and Cedar Street and to further authorize the Mayor and City Clerk to execute the appropriate documents:

RESOLUTION

RESOLVED, that it is hereby deemed advisable to authorize Consumers Energy Company to make changes in the streetlighting service as provided in the Standard Streetlighting Contract between the Company and the City of Owosso, dated April 1, 1977, in accordance with the Authorization for Change in Standard Streetlighting Contract dated as of April 1, 2005, heretobefore submitted to and considered by this City Council; and

RESOLVED, further that John C.M. Davis, Mayor and Gail L. Schultz, City Clerk, be and hereby are authorized to execute such authorization for change on behalf of the City of Owosso.

AUTHORIZATION FOR CHANGE IN STANDARD STREETLIGHTING CONTRACT

Consumers Energy Company is hereby authorized as of the 1^st day of April, 2005, by the City of Owosso, to make changes, as listed below, in the streetlighting system(s) covered by the existing Standard Streetlighting Contract between the Company and the City of Owosso, dated April 1, 1977.

Customer-Owned Streetlight System

Company-Owned Streetlight System

Request Number 02719084
Work Order Number 06181088

Except for the changes in the streetlighting system(s) as herein authorized, all provisions of the aforesaid Standard Streetlighting Contract dated April 1, 1977, shall remain in full force and effect.

Motion supported by Councilperson Owen.

Roll Call Vote.

AYES:              Councilpersons Owen, Horvath, Sumrack, Ford, Robertson, and Mayor Davis.

NAYS:              None.

ABSENT:          Mayor Pro-Tem Osika.

COMMUNICATIONS

Richard C. Williams, Finance Director.  2005-2006 City Budget (to be distributed at meeting).

Owosso Planning Commission.  Minutes of Meeting of March 28, 2005.

Owosso Historical Commission.  Minutes of Meeting of March 15, 2005.

CITIZEN COMMENTS

Terry Rodgers commented further regarding his concern with the hotel demolition.

Councilperson Horvath asked Mr. Hathaway to update the Council on the status of a part-time position for Downtown Coordinator.

ADJOURNMENT

Motion by Councilperson Robertson for adjournment at 7:52 p.m., supported by Councilperson Owen and concurred in by unanimous vote.

                                                                        __________________________________________
John C.M. Davis, Mayor
                                                                     __________________________________________
Gail L. Schultz, City Clerk