December 17, 2001

CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

DECEMBER 17, 2001

The meeting was called to order at 7:36 p.m. by Mayor Whipple.

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

Also present: Martin Colburn, City Administrator

Kathy Revels, Finance Director/Treasurer

Dave Scutt, Fire Chief

Deborah Stein, Deputy Clerk

Mayor Pro Tem Preadmore led in the Pledge of Allegiance and offered the invocation.

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: December 3, 2001

The Minutes of December 3, 2001 were approved as amended.

APPROVAL OF BILLS

It was moved by Howe and seconded by Preadmore to approve the payment of the bills in the amount of $106,302.73 as submitted.

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

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

Bob Clark, Cable Commission Chairperson, commented that different cities of Michigan will be broadcast Saturdays from 8:00 a.m. to 10:23 a.m. for the next few weeks. Williamston will be featured this Saturday. He thanked the Council for the holiday fruit basket.

REGULAR BUSINESS

Resolution No. 2001-70 - Mayoral Appointments

Resolution No. 2001-70 was introduced by Preadmore and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2001-70

MAYORAL APPOINTMENTS

December 17, 2001

BE IT HEREBY RESOLVED that the Mayor does hereby make the following appointments with confirmation by the City Council, commencing December 17, 2001, ending December 31^st of the year noted.

Cable Commission Dan Mullin, Jr. (2004)

Local Officers Compensation Commission Lawrence Briggs 2006 (five-year term)

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

NO: (0)

Resolution No. 2001-71 - Historic District Commission to Become a Certified Local Government

Mark Cummings, Historic District Chairperson, commented that the Historic District Commission is seeking to become a Certified Local Government through the State Historic Preservation Office of the State of Michigan. A letter of support is required from the City as part of the application process.

Resolution No. 2001-71 was introduced by Preadmore and seconded by Clark.

MASON CITY COUNCIL

RESOLUTION NO. 2001-71

RESOLUTION FOR THE MASON HISTORIC DISTRICT COMMISSION TO BECOME A CERTIFIED LOCAL GOVERNMENT

December 17, 2001

WHEREAS, the Historic District Commission of the City of Mason desires to become a Certified Local Government (CLG) through the State Historic Preservation Office (SHPO) of the State of Michigan; and

WHEREAS, CLG status is consistent with Historic District Commission Ordinance No. 111 as well as the intent of the Historic District Commissioners and property owners; and

WHEREAS, CLG status will make Mason’s Historic District eligible for additional discretionary federal funding through the SHPO;

THEREFORE BE IT RESOLVED that the Mason City Council does hereby strongly support and affirm the request of the Mason Historic District Commission to become a Certified Local Government, finding this action to be in the best interest of both the Historic District and the City of Mason.

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

No: (0)

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No. 1, Project No. 2002-2

Special Assessment Resolution No. 1, Project No. S.A. 2002-2 was introduced by Preadmore and seconded by Clark.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 1

PROJECT NO. S.A. 2002-2

At a regular meeting of the City Council of the City of Mason, Ingham County, Michigan (the “City”), held in the City Hall, 201 West Ash Street, Mason, Michigan, on Monday, the 17^th of December, 2001, at 7:30 o’clock, p.m..

Present: Council Members - Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Absent: Council Members - None

The following resolution was offered by Council Member Clark and supported by Council Member Preadmore .

WHEREAS, upon its own motion and without petition, the City Council of the City of Mason desires to be advised of the feasibility of certain sidewalk and driveway improvements within the City, generally-described as follows:

and

WHEREAS, an estimate of the expenses of the Project and engineering drawings must be made, and the proposed special assessment district therefor must be determined.

NOW, THEREFORE, BE IT RESOLVED THAT:

6. The City Council does hereby tentatively declare its intention to proceed with the Project.

7. The City Administrator and/or Treasurer are hereby ordered to cause plans showing the Project, the location thereof, the proposed special assessment district, and estimates of the cost of the Project, to be prepared by Wolverine Engineer and Surveyors, Inc., Mason, Michigan.

8. The City Administrator, when the engineering plans and estimates for the Project are completed, is ordered to file same with the City Clerk, and said plans and estimates shall be made available for public inspection.

9. The City Administrator and/or Treasurer are hereby further authorized to proceed with all other necessary actions to initiate the Project.

10. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: Council Members (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Nays: Council Members (0)

Absent: Council Members (0)

Resolution declared adopted.

NOTICE OF HEARING

CITY OF MASON RESIDENTS

TO THE OWNERS OF THE FOLLOWING PROPERTY IN THE PROPOSED SIDEWALK AND DRIVEWAY IMPROVEMENT SPECIAL ASSESSMENT DISTRICT:

PLEASE TAKE NOTICE that the City Council of the City of Mason, acting on its own initiative, proposes to make the following generally-described sidewalk and driveway improvements with respect to the proposed sidewalk improvement special assessment district:

Plans and estimates have been prepared and are on file with the City Clerk for public examination.

TAKE FURTHER NOTICE that the City Council will meet on Monday, the 21^st day of January 2002, at 7:30 o’clock, p.m., in the City Hall, 201 West Ash Street, Mason, Michigan 48854, for the purpose of hearing any objections to the proposed sidewalk and driveway improvement project and the proposed special assessment district therefor.

Appearance and protest at the hearing is required in order to appeal the action of the City Council in approving the proposed sidewalk and driveway improvement project, the special assessment district or the amount of the special assessment to the state tax tribunal within thirty (30) days from the date the special assessment roll is confirmed by the City Council. A property owner or party in interest, or his or her agent, may appear in person at the hearing to protest the special assessment proceedings or may file his or her appearance or protest by letter and his or her personal appearance will not be required.

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No. 2, Project No. 2002-2

Special Assessment Resolution No. 2, Project No. S.A. 2002-2 was introduced by Clark and seconded by Preadmore.

It was discussed that the residents of Devon Hills are requesting that the January 7^th Hearing of Necessity date be deferred to January 21, 2001 to accommodate their holiday schedules and allow time for them to prepare for the hearing.

It was moved by Clark and seconded by Preadmore to amend S.A. Resolution No. 2, Project No. 2002-2 to change the Hearing of Necessity date in paragraph number four from January 7, 2001 to January 21, 2002.

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

No (0)

MOTION CARRIED

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 2

PROJECT NO. S.A. 2002-2

At a regular meeting of the City Council of the City of Mason, Ingham County, Michigan (the “City”), held in the City Hall, 201 West Ash Street, Mason, Michigan, on Monday, the17th day of December, 2001, at 7:30 o’clock, p.m.

Present: Council Members (7) Helbig, Clark, Howe, Soule, Naeyaert, Preadmore, Whipple

Absent: Council Members (0)

The following resolution was offered by Council Member Preadmore and supported by Council Member Clark:

WHEREAS, the City Council has ordered plans and estimates of costs of certain sidewalk and driveway improvements, described more specifically below, to be made; and

WHEREAS, the City Council of the City of Mason, deems it advisable and necessary for the public health, safety and welfare of the City and its inhabitants to carry out the following generally-described sidewalk and driveway improvement project:

Further, the City Council deems it advisable to defray all or a portion of the cost of the Project through special assessments assessed against the properties specially benefitted thereby; and

WHEREAS, the City Council desires to proceed further with the Project.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Upon completion, the plans showing the Project and location thereof, and the estimate of the cost thereof, shall be filed with the City Clerk and shall be available for public examination.

2. The City Council tentatively declares its intention to proceed with the Project as generally described above, and to defray all or a portion of the cost thereof by special assessments against the properties specially benefitted thereby in the proposed sidewalk and driveway improvement special assessment district.

3. There is hereby tentatively designated a special assessment district against which all or a portion of the costs of the Project are to be assessed, consisting of the lots and parcels of land described in Exhibit A, attached hereto and made a part hereof by reference.

4. The City Council shall meet at a regular meeting in the City Hall, 201 West Ash Street, Mason, Michigan 48854, on Monday, the 21^st day of January 2002, at 7:30 o’clock, p.m., at which time and place the City Council will hear any objections to the Project and to the proposed special assessment district therefor.

5. The City Clerk is hereby ordered to cause notice of such hearing to be made to the owners of the lots and parcels of land described in Exhibit A, attached hereto and made a part hereof by reference, pursuant to Ordinance No. 37 and the provisions of the City Charter. Said notice shall be in substantially the following form:

2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: Council Members (7) Helbig, Clark, Howe, Soule, Naeyaert, Preadmore, Whipple

Nays: Council Members (0)

Absent: Council Members (0)

Resolution declared adopted.

It was moved by Naeyaert and seconded by Soule to reconsider S. A. Resolution No. 2, Project No. 2002-1.

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

No (0)

MOTION CARRIED

It was moved by Preadmore and seconded by Clark to amend S. A. Resolution No. 2, Project No. 2002-1 to change the Hearing of Necessity date in paragraph number four from January 7, 2001 to January 21, 2002.

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

No (0)

MOTION CARRIED

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 2

PROJECT NO. S.A. 2002-1

At a regular meeting of the City Council of the City of Mason, Ingham County, Michigan (the “City”), held in the City Hall, 201 West Ash Street, Mason, Michigan, on Monday, the 3^rd day of December, 2001, at 7:30 o’clock, p.m..

Present: Council Members - (7) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Absent: Council Members - (0) None

The following resolution was offered by Council Member Helbig and supported by Council Member Preadmore:

WHEREAS, the City Council has ordered plans and estimates of costs of certain sidewalk and driveway improvements, described more specifically below, to be made; and

The installation of sidewalks and related improvements, and/or the replacement of sidewalk, the installation of concrete driveways between the sidewalk and curb, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: 440 N. Jefferson, 107 Royce, 108 Royce, 113 Royce, 114 Royce, 119 Royce, 120 Royce, 125 Royce, 126 Royce, 437 N. Barnes, 461 N. Barnes, 451 N. Barnes, 467 N. Barnes, 454 N. Barnes, 448 N. Barnes, 442 N. Barnes, 436 N. Barnes, 430 N. Barnes, 424 N. Barnes, 418 N. Barnes, 412 N. Barnes, 406 N. Barnes, 425 N. Barnes, 413 N. Barnes, 407 N. Barnes, 401 N. Barnes, 201 Devon Hill, 207 Devon Hill, 210 Devon Hill, 213 Devon Hill, 219 Devon Hill, 230 Devon Hill, 501 N. Rogers, 455 N. Rogers, 449 N. Rogers, 443 N. Rogers, 437 N. Rogers, 431 N. Rogers, 425 N. Rogers, 419 N. Rogers, 413 N. Rogers, 407 N. Rogers, 500 N. Rogers, 466 N. Rogers, 460 N. Rogers, 454 N. Rogers, 448 N. Rogers, 442 N. Rogers, 436 N. Rogers, 430 N. Rogers, 424 N. Rogers, 418 N. Rogers, 412 N. Rogers, 406 N. Rogers, 362 N. Rogers, 356 N. Rogers, 350 N. Rogers, 344 N. Rogers, 338 N. Rogers, 332 N. Rogers, 365 N. Rogers, 361 N. Rogers, 357 N. Rogers, 353 N. Rogers, 349 N. Rogers, 345 N. Rogers, 341 N. Rogers, 337 N. Rogers, 333 N. Rogers, 455 N Rogers, 449 N Rogers, 443 N Rogers, 437 N Rogers, 437 N Rogers, 431 N Rogers, property on E Columbia, 209 Valley, 229 Valley, 311 Valley, 316 Valley, 317 Valley, 323 Valley, 310 Valley, 202 Valley, 208 Valley, 214 Valley, 230 Valley, 371 Okemos, 381 Okemos, 420 N. Jefferson, 104 S. Jefferson, 108 S. Jefferson, 118 S. Jefferson, 109 S. Jefferson, 117 S. Jefferson, 119 S. Jefferson, 129 S. Jefferson, 210 S. Jefferson, 213 S. Jefferson, 223 S. Jefferson, 951 E. Columbia, 1015 E. Columbia, 1025 E. Columbia, 1111 E. Columbia, 1115 E. Columbia, 241 State, 202 Park, 174 W. Maple, 213 Park, 205 Park, S. Cedar - north of Willow Creek bridge on east side.

Further, the City Council deems it advisable to defray all or a portion of the cost of the Project through special assessments assessed against the properties specially benefitted thereby; and

WHEREAS, the City Council desires to proceed further with the Project.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Upon completion, the plans showing the Project and location thereof, and the estimate of the cost thereof, shall be filed with the City Clerk and shall be available for public examination.

6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, hereby rescinded.

Yeas: Council Members - (6) Naeyaert, Preadmore, Helbig, Clark, Howe, Soule, Whipple

Nays: Council Members - (0)

Absent: Council Members - None

Resolution declared adopted.

Acquisition of Professional Services/Architect for Library

Discussion was held on entering into a contract to have an architectural study conducted for redesign of the library building in conjunction with the Capitol Area District Library with a 50/50 cost share.

It was moved by Soule and seconded by Howe to accept the quote from Olser Associates for professional services not to exceed $14,500.00 for an arcitectural services in the study of the library building.

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

No (0)

MOTION CARRIED

Request - Mason Area Chamber of Commerce for Waiver of Fees

Discussion was held on granting a request of the Mason Area Chamber of Commerce (MACC) to waive the $715.70 fees for city services associated with the Mason Holiday Celebration Light Parade held the Friday after Thanksgiving. The charges exceeded what was expected, as did the parade. City Staff recommended waiving $350 of the total charges. Joe Watkins of the MACC addressed the Council. He stated that the Historical Society and MACC paid the bills resulting from the parade. A waiver of fees was not requested prior to the parade in view of what was anticipated. However, upon receipt the bill, Mr. Watkins had reconsidered asking the city to waive the fees as a whole or to share in the cost of the Parade. Discussion followed on waivers for fees for community parades.

It was moved by Howe and seconded by Preadmore to waive $415.70 of the city’s cost for police services to support the Mason Holiday Celebration Light Parade.

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

No (0)

MOTION CARRIED

UNFINISHED BUSINESS

· None

NEW BUSINESS

Council Member Preadmore commented that the new street signs look good. Discussion was held on inoperative streetlights. It was discussed that the desk microphones are sensitive to rattling paper, etc. The Cable Commission will look into improving the sound.

COUNCIL CORRESPONDENCE

· Thank You Notes from Board and Commission Members

· Tri-County Office on Aging

· Nadia & Chris Cochrane

LIAISON REPORT

Cable Commission

Council Member Helbig commented that the Cable Commission will be meeting January 16, 2002 at 7:30 p.m.

Planning Commission

Council Member Soule commented that at the December 11^th meeting, Cedar Centre was granted approval for preliminary site plan. A decision for Microtel and Hidden Lakes was deferred to the January 2002 meeting due to right-of-way issues.

ADMINISTRATOR’S REPORT

Administrator Colburn commented that the Ethics Commission will meet next year to review the ordinance and elect their officers. Mayor Whipple requested that the Commission reconsider the requirement to file an annual financial statement to filing upon election and whenever there is a change. Administrator Colburn commented that Jefferson Square is proceeding forward and the deed will be recorded in 2002. Legislation on sewer liability was passed by the House and the Senate. The position of a second Sergeant with the Mason Police Department has been filled by Don Hanson.

PEOPLE FROM THE FLOOR

Chris Cochrane of 401 N. Barnes commented on the letter Devon Hills residents received from the City on December 6, 2000. He stated that the map he received from the city is inaccurate. He is concerned that if he responds on the map on sidewalk placement and/or any unique issues to his property, it will indicate that he is not opposed and that he is actually giving his approval on the sidewalk installation, which he is not doing. Council Member Clark commented that the letter of December 6, 2000 references deferring special assessments, not eliminating special assessments. Mayor Whipple stated that the maps are as adequate as needed to obtain the information from Devon Hills residents. Providing information on the map does not indicate support for the sidewalks.

ADJOURNMENT

The meeting adjourned at 8:37 p.m.

_________________________ ________________________

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