PRESIDING OFFICER:             Mayor John C.M. Davis

OPENING PRAYER:                 Rev. Thomas Dunn, Retired
                                                First Free Methodist Church

PLEDGE OF ALLEGIANCE:      Joe Borgstrom, President
                                                Shiawassee Regional Chamber of Commerce

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 MINUTES OF SEPTEMBER 19, 2005 REGULAR MEETING

Motion by Mayor Pro-Tem Osika to approve the Minutes of the September 19, 2005 Regular Meeting as presented.

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

PROCLAMATIONS / SPECIAL PRESENTATIONS

PROCLAMATION– NATIONAL FAMILY CAREGIVERS MONTH

Mayor Davis and Councilperson Ford presented a proclamation of the Mayor’s Office declaring the month of November 2005 as “National Family Caregivers” Month in the City of Owosso to Helen Howard, Respite Volunteers of Shiawassee County Director.  The Proclamation read as follows:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
PROCLAIMING NOVEMBER 2005 AS
NATIONAL FAMILY CAREGIVERS MONTH IN THE CITY OF OWOSSO

WHEREAS,      During this season of thanksgiving, as we pause to reflect on the many blessings that have been bestowed on us as individuals and as a city, we are especially grateful for the love of our families and friends.  One of the most profound ways in which that love is expressed is through the generous support provided by family caregivers to loved ones who are chronically ill, elderly or disabled.  Caregivers reflect family and community life at its best.  They are among Owosso’s most important natural resources.

WHEREAS,      The need for family caregivers is growing.  We are blessed to live in a time when medicine and technology have helped us live longer.  As a result, person with disabilities are living longer and people over 85 are the fastest growing segment of our population.  Family caregivers can be found in every city and town in America.  It is likely that we all know at least one family caregiver.

WHEREAS,      Family caregivers deserve our lasting gratitude and respect.  This month, as we honor the many contributions that family caregivers make to the quality of our national life, let us resolve to work through our community, religious, social, business, and other organizations to offer programs and services that will provide caregivers the support and encouragement they need to carry out their vital responsibilities.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim the month of November 2005 as NATIONAL CAREGIVERS MONTH in the City of Owosso.

Proclaimed this 3rd day of October, 2005.

PUBLIC HEARINGS

BROWNFIELD REDEVELOPMENT PLAN – DISTRICT #10, 1000 BRADLEY STREET

Philip B. Hathaway, Director of Community Development, addressed the City Council regarding the proposed plan.

A Public Hearing was conducted to receive citizen comment regarding proposed Brownfield Redevelopment Plan--"District #10, 1000 Bradley Street."  There were no citizen comments.

Motion by Councilperson Ford to adopt the following resolution:

CITY OF OWOSSO
RESOLUTION APPROVING A BROWNFIELD PLAN
FOR THE CITY OF OWOSSO PURSUANT TO AND
IN ACCORDANCE WITH THE PROVISIONS OF ACT 381 OF THE
PUBLIC ACTS OF THE STATE OF MICHIGAN OF 1996, AS AMENDED

RE:      DISTRICT #10, 1000 BRADLEY STREET

WHEREAS, the Brownfield Redevelopment Authority (the “Authority”) of the City of Owosso, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has prepared and recommended for approval by the City of Owosso Council, a Brownfield Plan for District #10, 1000 Bradley Street (the “Plan”) pursuant to and in accordance with Section 13 of the Act; and

            WHEREAS, the Authority has, at least twenty (20) days before the meeting of the City Council at which this resolution has been considered, provided notice to and informed all taxing jurisdictions which are affected by the Financing Plan (the “Taxing Jurisdictions”) about the fiscal and economic implications of the proposed Financing Plan, and the Council has previously provided to the Taxing Jurisdictions a reasonable opportunity to express their views and recommendations regarding the Financing Plan and in accordance with Sections 13 (10) and 14 (1) of the Act; and

 WHEREAS, the Council has made the following determinations and findings:

A.               The Plan constitutes a public purpose under the Act;

B.               The Plan meets all of the requirements for a Brownfield Plan set forth in Section 13 of the Act;

C.               The proposed method of financing the costs of the eligible activities, as described in the Plan is feasible and the Authority has the ability to arrange the financing;

D.               The costs of the eligible activities proposed in the Plan are reasonable and necessary to carry out the purposes of the Act;

E.               The amount of captured taxable value estimated to result from the adoption of the Plan is reasonable; and

WHEREAS, as a result of its review of the Plan and upon consideration of their views and recommendations of the Taxing Jurisdictions, the Council desires to proceed with approval of the Plan.

NOW THEREFORE, BE IT RESOLVED THAT:

1.                Plan Approved.  Pursuant to the authority vested in the Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan for District #10, 1000 Bradley Street is hereby approved in the form notarized and maintained on record in the Office of the City Clerk.

2.                Severability.  Should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid.

3.                Repeals.  All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

 Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

Ron Malott, Owosso Firefighter, 8035 East Henderson Road, New Lothrop, questioned the City’s decision to drop the ambulance transfer service and would like to meet with councilmembers to discuss the matter.

Joe Borgstrom, Shiawassee Regional Chamber of Commerce President, 215 North Water Street, commented regarding the Owosso Township and Dr. Allam’s water request for the development on North M-52.  He urged Council to look favorably upon this proposal.

Mike Bruff, 707 West King Street, commended the City Council for initiating the water talks with the townships. He expressed concerns with the tap fees and the lack of a fee schedule and suspicion of the timing of the issue.

Councilperson Horvath asked if the City has a tap fee.  City Manager Gregg Guetschow responded that the City charges for time and material for installing a tap.  He also commented that any agreements with the Townships would establish who pays the tap fees.

Councilperson Robertson commented in response to Mr. Bruff’s comment about his suspicion of the timing of the water issues.  She commented that the City Council has always wanted to talk with the Townships about water and wanted a win/win situation for all involved.

CONSENT AGENDA

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

Purchase Authorization/Bid Award.  Authorized purchase of one 55-horse power New Holland utility tractor from Lloyd Miller & Sons through the State of Michigan bid program in the amount of $22,222.04 and accept the low bid from Lloyd Miller Sons for one 14-foot grooming mower in the amount of $9,543.50.

Bid award.  Accepted low bid of Fisher Gravel for demolition of the above grade rubble and building remnants at the Vaungarde site in the amount of $88,888.00.

Change Order.  Authorized Change Order to the 2005 Small Concrete Sidewalk Repair contract with Classic Concrete in an amount not to exceed $45,000 for additional work to eliminate sidewalks with rises of .5” or more.

Planning Commission Referral.  Referred to the Planning Commission a text amendment to include “Planned Unit Development” in the list of Zoning Districts.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

AGREEMENT AND MEMORANDUM OF UNDERSTANDING

Motion by Councilperson Robertson to authorize a Draft Agreement and Memorandum of Understanding with Owosso Charter Township and Medical Office Developers regarding water service in Owosso Township as follows:

DRAFT
AGREEMENT AND MEMORANDUM OF UNDERSTANDING

            THIS AGREEMENT AND MEMORANDUM OF UNDERSTANDING is entered into between the CITY OF OWOSSO, a Michigan municipal corporation, of 301 West Main Street, Owosso, Michigan 48867 (“City”), OWOSSO CHARTER TOWNSHIP, a Michigan chartered township, of 2998 West M-21, Owosso, Michigan 48867 (“Township”) and ______________, of ___________________, Michigan ___________ (“Developer”).

            WHEREAS, Developer is constructing medical buildings at the property described on Exhibit A and commonly known as __________ North M-52, Owosso, Michigan 48867, (“the property”), which is located in the Township;

            WHEREAS, Developer desires to have City water service to the property and the City has a water main within approximately ______ feet of Developer’s property; and

            WHEREAS, the City and Township wish to conduct negotiations for water service in the area contiguous to the property;

            NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

            1.         The City shall provide water service to the property.  The City will charge Developer, or its successors, its normal retail rate for water customers outside the City.

            2.         The Developer shall be responsible for extending the City water main from its current terminus to the property and for all water system improvements on the property.  The Developer shall be responsible for obtaining all necessary permits for installation of water service.

            3.         The City and Township agree to promptly negotiate in good faith a definitive agreement for the provision of water and any other issues regarding the development of the property and properties contiguous to the property.  The negotiations shall occur during the term of this Agreement.

            4.         The term of this Agreement shall be one year from the date last signed below by the parties.

            5.         This Agreement may only be assigned by the City and Township by written Agreement of non-assigning party.  The Developer may assign this Agreement without consent.

            6.         This Agreement contains the entire understanding of the parties and may only be amended by written agreement signed by all parties.

            This Agreement and Memorandum of Understanding is signed by the parties on the dates noted below.

                                                                        CITY OF OWOSSO
                                                                        John C.M. Davis, Mayor
                                                                        Gail L. Schultz, City Clerk

                                                                        OWOSSO CHARTER TOWNSHIP
                                                                        Richard A. Gute, Supervisor

                                                                        DEVELOPER

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

REQUEST TO FILL VACANT POSITION-PATROL OFFICER

Motion by Councilperson Owen to approve the request to fill a vacant patrol officer position in the Department of Public Safety – Police Division.

Motion supported by Councilperson Ford.

Roll Call Vote.

AYES:              Councilpersons Ford, Owen, Sumrack, Mayor Pro-Tem Osika, Councilpersons Horvath,

                        Robertson, and Mayor Davis.

NAYS:              None.

REQUEST TO FILL VACANT POSITION-ASSESSING OFFICE

Motion by Councilperson Ford to approve the request to fill vacant secretarial position in the Assessing Office.

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

RIGHT OF WAY EASEMENT – 152 EAST HOWARD STREET

Motion by Councilperson Robertson to authorize a right of way easement to allow entrance steps in the street right of way at 152 East Howard Street as follows:

DEED OF EASEMENT

            THIS DEED OF EASEMENT is made the ___ day of ________ , 2005, between the CITY OF OWOSSO, a Michigan municipal corporation, of 301 West Main Street, Owosso, Michigan 48867, as Grantor and CARL and SUE LUDINGTON, husband and wife of ____________ , Owosso, Michigan 48867, as Grantee.

            WHEREAS, the Grantee owns a certain parcel of real estate described on Exhibit A and a portion of the steps or porch on said parcel protrudes into a portion of Howard Street in the City of Owosso, owned by Grantor;

            NOW THIS DEED WITNESSETH that the Grantor hereby grants unto the Grantee, its heirs and assigns, an easement for the purpose of allowing the steps or porch to remain on Howard Street in the City of Owosso as described in the attached Exhibit A.

            This easement shall terminate when the steps or porch are removed and the use discontinued.  Upon termination of this Easement, Grantee shall return the premises to a clean and level condition. 

            Grantee shall indemnify, hold harmless and defend Grantor 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.

                                                                        GRANTOR:  CITY OF OWOSSO
                                                                        John C.M. Davis, Mayor
                                                                        ATTEST:
                                                                        Gail L. Schultz, City Clerk

                                                                        GRANTEES:
                                                                        Carl Ludington
                                                                        Sue Ludington

Exhibit A

An easement for the steps in the street right of way at the entrance to 152 E. Howard Street described as:  Beginning at a point on the south line of E. Howard Street 14 feet westerly from the north east corner of lot 1, block 20 of A.L. Williams Addition to the City of Owosso, thence northerly 2.5 feet perpendicular to the north line of E. Howard Street, thence 10 feet westerly parallel to the south line of E. Howard Street, thence southerly 2.5 feet perpendicular to the south line of E. Howard Street, thence easterly along the south line of E. Howard Street 10 feet to the point of beginning.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Jan VanTassell.  Letter regarding status of alley.

Vickie Jacobs, Charter Communications.  Letter regarding cable rate changes.

Owosso Historical Commission.  Minutes of Meeting of September 20, 2005.

A communication from the Steam Railroading Institute and the Shiawassee Arts Council regarding the upcoming Artrain was distributed to Councilmembers at the meeting.

City Manager Guetschow asked City Engineer Baker to update the Council on the status of the alley referred to by Jan VanTassell.

CITIZEN COMMENTS

State Representative Richard Ball congratulated the City Council and City Manager Guetschow for the action taken tonight as a very great step towards good economic development for the area.

City Manager Guetschow commented regarding Dr. Ball’s attendance and the adoption of the state budget without further cuts in revenue sharing.  He commented that Representative Ball and Senator Garcia should be appreciated for their efforts in keeping state revenue sharing in place.

ADJOURNMENT

Motion by Mayor Pro-Tem Osika for adjournment at 7:56 p.m., supported by Councilperson Sumrack and concurred in by unanimous vote.

____________________________________                                                            Mayor John C.M. Davis, Mayor

_____________________________________                                                            Gail L. Schultz, City Clerk