CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

APRIL 16, 2001

The meeting was called to order at 7:34 p.m. by Mayor Whipple.

Present: Council Members: Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

Also present: Martin Colburn, City Administrator

Dennis McGinty, City Attorney

Norman Austin, Financial Director/Treasurer

Deborah Stein, Deputy Clerk

Councilmember Preadmore led in the Pledge of Allegiance and offered the invocation.

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: April 2, 2001

The Minutes of April 2, 2001 were approved as written.

APPROVAL OF BILLS

It was moved by Howe and supported by Preadmore to approve the payment of the bills in the amount of $97,073.03 as submitted.

VOTE: Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

PEOPLE FROM THE FLOOR

Robert Clark, Cable Commission Chairman, of 836 Eugenia commented that a Cable Commission meeting is scheduled for April 19, 2001 at 7:00 p.m.

J.J. Lewis, President-Elect of the Michigan Cerebral Palsy/Les Autres Sports Association, of 751 Isabel Street, Howell requested a mayoral proclamation to declare the third week in May as Disabled Sports Week.

Mayor Whipple commented that he will present a proclamation at the May 7, 2001 regular meeting.

REGULAR BUSINESS

Ordinance No. 135 - Adoption of the City of Mason Zoning Codes - First Reading

This is the first reading of Ordinance No. 135.

It was moved by Preadmore and seconded by Howe to consider Zoning Ordinance No. 135 considered read for the first time.

Discussion was held on what impact changes would have on the adoption process for the draft Zoning Ordinance. Discussion followed on specific areas to consider making changes.

It was moved by Clark and seconded by Birdsall to strike Section 5.2.3 E.

It was discussed that changes to the text will require it to go before the Planning Commission again and then back to City Council. The suggested changes are not harmful and can be dealt with later through the Master Plan process.

VOTE: Yes (1) Clark

No (6) Helbig, Preadmore, Soule, Howe, Birdsall, Whipple MOTION FAILED

Discussion followed on the requirement for publication and to hold another public hearing if any substantive changes are made. As substantive changes have been made, another public hearing needs to be held.

It was moved by Birdsall and seconded by Howe to modify Section 13.10 by striking the word amendment in the second line and insert notice of adoption.

VOTE: Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

It was moved by Clark and seconded by Helbig to add thread of a stream and definition of same to Section 2.3 Definitions.

VOTE: Yes (6) Helbig, Clark, Preadmore, Soule, Howe, Whipple

No (1) Birdsall MOTION CARRIED

It was moved by Birdsall and seconded by Preadmore to reconsider the motion made by Councilmember Clark on Section 5.2.3 E

VOTE: Yes (6) Helbig, Clark, Preadmore, Howe, Birdsall, Whipple

No (1) Soule MOTION CARRIED

It was moved by Clark and seconded by Birdsall to strike Section 5.2.3 E.

VOTE: Yes (2) Clark, Birdsall

No (5) Helbig, Preadmore, Howe, Soule, Whipple MOTION FAILED

It was moved by Clark and seconded by Soule to strike two (2) passenger vehicles to four (4) passenger vehicles in Section 10.2.10 A.

Discussion ensued on the ramifications of allowing (4) passenger vehicles.

VOTE: Yes (1) Clark

No (6) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

MOTION FAILED

It was moved by Clark and seconded by Howe to revise Table 5.2 by changing the maximum height in principal structure in the C-1 District from 45' to 60'.

VOTE: Yes (2) Clark, Whipple

No (5) Helbig, Preadmore, Soule Howe, Birdsall MOTION FAILED

It was moved by Clark and seconded by Howe to strike or a compost container of alternative design approved by the Building Official in Section 6.3.2 D.

It was moved by Birdsall and supported by Helbig to amend Council Member Clark’s motion to include or an equivalent in Section 6.3.2 D.

VOTE ON THE AMENDMENT:

Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

VOTE ON THE AMENDED MOTION:

Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

It was moved by Clark and seconded by Howe to strike including signature and professional seal, if applicable in Section 8.6.3 B-9.

Councilmember Birdsall left the meeting at 9:07 p.m.

VOTE: Yes (6) Helbig, Clark, Preadmore, Soule, Howe, Whipple

No (0)

Absent (1) Birdsall MOTION CARRIED

Councilmember Birdsall returned to the meeting at 9:10 p.m.

Discussion continued on matters concerning the draft Zoning Ordinance.

It was moved by Clark and seconded by Helbig to defer the first reading of Ordinance No. 135 to the May 7, 2001 meeting.

VOTE: Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0)

MOTION CARRIED

Resolution No. 2001-21 - Additions to the Streetlighting Contract

It was discussed that the $1,400 is the estimated cost of electricity for the year to install 14 streetlights in the rights-of-way in Riverwalk Meadows.

Resolution No. 2001-21 was introduced by Preadmore and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-21

PROVIDING STREET LIGHTING ADDITIONS TO THE

STANDARD STREETLIGHTING CONTRACT

BETWEEN THE CITY AND CONSUMERS ENERGY COMPANY

April 16, 2001

RESOLVED, that it is hereby deemed advisable to authorize Consumers Energy Company to make changes in the streetlighting service as is provided in the Standard Streetlighting Contract Between the Company and the City of Mason, dated October 28, 1977, in accordance with the Authorization for Changes in Standard Streetlighting Contract dated as of April 16, 2001, heretofore submitted to and considered by this Council; and

RESOLVED, further, that the Mayor and the City Clerk be and are authorized to execute such authorizations for change on behalf of the City of Mason

Yes: (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No: (0)

Resolution No. 2001-22 - Rules of Order - City Council / City Boards and Commissions

Mayor Whipple stated that he recently attended a seminar and a common thread among most of the discussion was the importance of having good Rules of Order to run meetings. As a result of those discussions he is proposing to revise the Rules of Order.

Resolution No. 2001-21 was introduced by Preadmore and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-22

April 16, 2001

RULES OF ORDER

for the

CITY COUNCIL and for CITY BOARDS and COMMISSIONS

WHEREAS, the process of government in the City of Mason includes the activity of a City Council as well as numerous Boards and Commissions appointed by the City Council, each of which can play a significant role in the conduct of the affairs of the City; and

WHEREAS, the citizens of the City of Mason are best served by a City Council as well as City Boards and Commissions that function smoothly with a firm basis for resolving questions of procedure that may arise; and

WHEREAS, the City Council and City Boards and Commissions must each conduct business with the greatest measure of protection for the people and City of Mason, as well as for the Council and each Board and Commission as a body, and

WHEREAS, the City Council and City Boards and Commissions must each conduct business with the greatest measure of protection and consideration of the rights of individual members and the rights of individual citizens, and

WHEREAS, the application of parliamentary law is the best method yet devised to enable the City Council and City Boards and Commissions to arrive at the general will on the maximum number of questions of varying complexity in a minimum amount of time and under the most diverse set of conditions, ranging from total harmony to impassioned division of opinion, with due regard for the opinion of each member and for the right of every citizen to address the Council, a Board or a Commission; and

WHEREAS, Rules of Order are the written rules of parliamentary law and are critical to ensure the most effective and efficient operation of any deliberative body; and

WHEREAS, the citizens of the City of Mason will be best served when the meetings of all public bodies are conducted according to similar procedures;

NOW, THEREFORE, BE IT RESOLVED, that these Rules of Order shall be the parliamentary law of the City Council and all City Boards and Commissions of the City of Mason, and shall nullify and replace Resolution 2000-10 dated May 15, 2000 and any other previously approved Rules of Order; and

THEREFORE, BE IT FURTHER RESOLVED, that these Rules of Order shall be consistently applied and actively enforced at all times in relation to the orderly transaction of business in meetings, and in relation to the duties of officers in the conduct of meetings, of the City Council, as well as all City Boards and Commissions.

YES: (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

NO: (0)

Resolution No. 2001-23 - Temporary Skate Park at Bond Park

Discussion was held on the proposed Temporary Skate Park at Bond Park.

Resolution No. 2001-23 was introduced by Helbig and seconded by Preadmore

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-23

RESOLUTION OF INTENT TO ESTABLISH A

TEMPORARY SKATE PARK

April 16, 2001

WHEREAS, the City Council recognizes that there are needs within the recreation skate community; and

WHEREAS, the City Council desires to identify a safe area for their use; and

WHEREAS, no such facility currently exists to serve this community; and

WHEREAS, Bond Park has been designated as the future site to locate a Skate Park;

NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Mason that the basketball court located in Bond Park, will be designated and may be used as a temporary Skate Park facility. The hours of operation will be 2:30 p.m. till 9:00 p.m. during school days. Weekend and School holiday hours will be from 8:00 a.m. till 10:00 p.m. Approval of the use shall terminate November 25, 2001; and

BE IT FURTHER RESOLVED, that if the need to utilize this site is deemed necessary by the city staff for the development of the skate park or for temporary special events, they are authorized to modify this directive.

Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0)

Resolution No. 2001-24 - Transfer of Funds -General Fund to the Special Assessment Fund

It was discussed that money needs to be transferred to General Fund to balance the books on two accounts for special assessments. Bonds were taken out for 10 years, however the payment schedule is for 15 years. As payments continue to be made to the city, the money will be paid back to General Fund instead of the Assessment Funds.

Resolution No. 2001-24 introduced by Preadmore and seconded by Helbig.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-24

April 16, 2001

RESOLUTION TO APPROVE THE TRANSFER OF MONIES

FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT FUND

Whereas, the City of Mason and the Ingham County Parking Authority entered into an agreement in which the City borrowed money on behalf of the Authority for the West Ash Street Parking Lot; and

Whereas, the bonds sold by the City were paid back over a ten year term; and

Whereas, property owners in the City of Mason agreed to a special assessment to assist in paying for this project; and

Whereas, the special assessments were levied over a period of fifteen years; and

Whereas, the bonds sold by the city were paid off in August of 1999; and

Whereas, the special assessments are levied through the 2004 tax year with an outstanding balance of $14,880.00 as of this date; and

Whereas, the final principle and interest payment in fiscal year 1999/2000 left the Special Assessment account with a deficit of $500.66; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Mason, Michigan does hereby authorize the transfer of $15,380.66 from the General Fund to the Special Assessment fund at this time.

VOTE: Yes (7) Helbig, Clark, Howe, Soule, Birdsall, Preadmore, Whipple

No (0)

Resolution No. 2001-25 - Buy/Sell Agreement for 416 Park Street and 426 Park Street

Discussion was held on the proposed Buy/Sell Agreement at the purchase price of $330,000 for both properties located at 416 and 426 Park Street. Financing would be through Dart Bank at 4.8% interest rate. It was stated that whether the city acquires the property or it is purchased by a private entity, the owner of the two properties is selling and is not continuing the existing service. Discussion followed that the city doesn’t have a current plan and that the purchase is premature . It was further discussed that the property was offered to the city and it is a prudent decision to acquire property adjacent to city operations, avoid paying a premium or a formal takings proceedings for property that the city would seek out. It was stated that additional parking is needed at City Hall and the proposed interest rate will most likely not present itself again. It was also stated that when the City Fire Station was being developed the idea was to have a City Complex

Resolution No. 2001-25 was introduced by Preadmore and seconded by Helbig.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-25

April 16, 2001

RESOLUTION TO APPROVE THE BUY/SELL AGREEMENT FOR

416 PARK STREET AND 426 PARK STREET

Whereas, the City of Mason is seeking to purchase land for future use; and

Whereas, the residential properties located at 416 Park Street and 426 Park Street had an appraisal completed; and

Whereas, the City of Mason had a Phase I Environmental Site Assessment Review of these properties; and

Whereas, the City of Mason and the property owner, Susan L. Donald, have come to a mutual agreement on the sale price of Three Hundred Thirty Thousand Dollars ($330,000) total; and

Whereas, the city of Mason has received competitive quotes for financing from local banks; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Mason, Michigan does hereby authorize Staff to enter into said Buy/Sell Agreement to purchase two separate residential properties located at 416 Park Street and 426 Park Street, Mason, MI 48854 for the purchase price of Three Hundred Thirty Thousand Dollars ($330,000).

BE IT FURTHER RESOLVED, that the City Council for the City of Mason, Michigan does hereby accept financing form Dart Bank at 4.8% to be paid in equal annual installments over the next fifteen years. The interest total is $122,555.70 with the total expenditure being $452,555.70. The purchase is forwarded with the full faith and credit of the City of Mason.

VOTE: Yes: (5) Helbig, Howe, Soule, Preadmore, Whipple

No: (2) Birdsall, Clark

Bid - Backwash Pump Renovation

Discussion was held on the recommendation to award the contract to Peerless-Midwest for the renovation of the backwash pump at the Publicly Owned Treatment Works plant.

It was moved by Soule and seconded by Birdsall to award the contract to Peerless-Midwest for renovations of the backwash pump at the Publicly Owned Treatment Works plant for $10,968.77.

VOTE: Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

Request - Lions Club to Use Public Right-of-Way for White Cane Week

The Lions Club is requesting to use the public right-of-way to sell white canes during White Cane Week.

It was moved by Preadmore and seconded by Helbig to allow the Lions Club the use of the public right-of-way during White Cane Week to sell white canes Friday, April 27^th and Saturday April 28^th.

VOTE: Yes (7) Helbig, Clark, Preadmore, Soule, Howe, Birdsall, Whipple

No (0) MOTION CARRIED

OLD BUSINESS

It was discussed to video tape the Budget Meeting Saturday, April 21, 2001.

NEW BUSINESS

Discussion was held on the previous notice flyers delivered to residents at the time street improvements are being done in their neighborhood. It was asked that City Attorney McGinty draft an ordinance to enable the city to levy fines against repeated false alarms. It was discussed to modify the extension of the sidewalk area to enhance the driveway between the Fire Station and City Hall.

Mayor Whipple presented a proclamation at the 100 year celebration of the Presbyterian stone church, and to Eagle Scouts at their Courts of Honor celebration.

COUNCIL CORRESPONDENCE

· MML 2001 Regional Meeting

· Mason Police Department Incident Report

· Invitation - Board of Ingham County Road Commissioners

LIAISON REPORT

Mayor Whipple commented that the Planning Commission reviewed the draft Zoning Ordinance.

Councilmember Birdsall commented that he did not have any additional remarks on the Cable Commission.

ADMINISTRATOR’S REPORT

Administrator Colburn thanked Mayor Whipple for the donation of the five copies of the 10^th Edition of Robert’s Rules of Order. Streetscape is progressing on schedule. The State has allowed that the city move forward with the design specifications for Skatepark. The house on the corner of Cedar and Ash Streets has been noticed that it is in violation of the city ordinance.

PEOPLE FROM THE FLOOR

Bonnie Brody of 223 E. Oak Street commented on the draft Zoning Ordinance revision discussion by City Council.

ADJOURNMENT

There being no further business before Council, the meeting was adjourned at 10:24 p.m.

_________________________ ________________________

Martin A. Colburn, City Clerk Russell W. Whipple, Mayor