CITY OF MASON COUNCIL CHAMBERS
201
W. ASH ST., MASON, MICHIGAN
MASON
CITY COUNCIL MINUTES
MARCH
4, 2002
The meeting was called to order at 7:30 p.m.
by Mayor Whipple.
Present: Council
Members: Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
Also present: Martin
Colburn, City Administrator
Dennis McGinty, City Attorney
Kathy Revels, Finance Director/Treasurer
Dave Scutt, Fire Chief
Joe Dean, DPW Director
Don Heck, City Engineer Representative
Deborah Stein, Deputy Clerk
Council Member Clark led in the Pledge of
Allegiance and offered the invocation.
APPROVAL OF MINUTES - REGULAR COUNCIL
MEETING: February 18, 2002
The Minutes of February 18, 2002 were
approved as submitted.
APPROVAL OF BILLS
It was moved by Howe and supported by Soule to approve
the payment of the bills in the amount of $225,692.05 as submitted.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
PEOPLE FROM THE FLOOR
Alex Lebodovych of 405 ˝ S. Barnes commented
on his concerns of the 1997-98 budget and gave Council information that he
compiled.
Marilyn Zollweg of 448 N. Barnes asked about
the city policy on driveway approach installation when sidewalks are being
installed. Mayor Whipple commented that
there is no written policy that the City uses for the varying situations. A standard operating procedure is observed
for individual instances.
REGULAR BUSINESS
Resolution No. 2002-08 - Skate Park Bid
Discussion was held on the seven bids
received on construction of the Mason Bond Skatepark. Irish Construction Company was the low bidder. It was discussed that the company has not
built a skatepark before. It was
expressed that although Tim Payne helped with the design, he did not submit a
bid, nor did he bid with any of the contractors. At the last design meeting Mr. Payne requested that the bid be
relinquished to him outside of the bidding process. At that meeting Mr. Payne indicated that he was the best suited
to build the skate park and did not feel he should go through the public
bidding process.
Mr. Don Heck commented that Wolverine
Engineers and Surveyors have had positive past experience with Irish
Construction. Irish Construction has
indicated that they intend to use a local concrete company, Cantu
Construction. Mr. Heck commented on the
experience and projects of Cantu Construction and indicated that he feels they
are able to perform the job.
Mr. Dave Grueber, Optimist Member, commented that
although it is a specialized project, the design was developed per the specs
and reviewed by Tim Payne.
City Council Resolution
No. 2002-08
was introduced by Clark and
seconded by Soule.
CITY
OF MASON
CITY
COUNCIL RESOLUTION NO. 2002-08
RESOLUTION TO ACCEPT THE BID FOR THE
CONSTRUCTION OF THE MASON BOND PARK SKATE PARK
March 4, 2002
WHEREAS, the Michigan Department of
Natural Resources approved the “Community Recreation Plan,” Resolution No.
2000-02, adopted by the Mason City Council on February 7, 2000; and
WHEREAS, a Skatepark was established as the
top priority project; and
WHEREAS, the Mason Optimist Club has pledged
support both in funding and development of the creation of a Mason Skate Park
facility; and
WHEREAS, the City Council has designated an
area for the Skatepark within Bond Park, a city owned park; and
WHEREAS, the Great State of Michigan has
committed a $179,000.00 grant available through the Clean Michigan Initiative
Local Recreation Bond in addition to the 51% city match of $185,000.00; and
WHEREAS, on November 19, 2001 the Mason City
Council authorized staff to proceed with going to bid for the construction of
the Mason Bond Park Skatepark; and
WHEREAS, seven bids were received and read
aloud on February 19, 2002.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City
of Mason does herewith accept the recommendation of City Engineer William
Potter of Wolverine Engineers and Surveyors, Inc., awarding the contract to
Irish Construction Company of Howell, Michigan, in the amount of $348,728.00.
YES: (7) Preadmore, Helbig, Clark, Howe,
Soule, Naeyaert, Whipple
NO: (0)
CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and accurate
copy of a resolution adopted by the City Council at its regular meeting held
Monday, March 4, 2002, the original of which is part of the Council's minutes.
____________________________
Martin A. Colburn, Clerk
City of Mason
Ingham County, Michigan
Resolution No. 2002-09 - Notice of Intent -
Special Assessment Projects 2002-1 and 2002-2
City Council Resolution
No. 2002-09 was introduced
by Clark and seconded by Soule.
CITY OF MASON
CITY
COUNCIL RESOLUTION NO. 2002-09
March
4,2002
NOTICE OF INTENT
SIDEWALK AND DRIVEWAY IMPROVEMENT
SPECIAL ASSESSMENT PROJECTS 2002-1
AND 2002-2
A regular meeting of the City
Council of the City of Mason, Ingham County, Michigan (the “City”), was held in
the City Council Chambers, 201 West Ash Street, Mason, Michigan, on Monday, the
4th day of March, 2002, at 7:30 o’clock, p.m.
The meeting was called to order at
7:30 o’clock, p.m. by Mayor Whipple.
Present: Council Members - Preadmore,
Helbig, Clark, Howe, Soule, Naeyaert, Whipple
Absent: Council Members - None
The following resolution was offered
by Council Member Clark and seconded by Council Member Soule:
WHEREAS, the City Council has determined
that it will be necessary to issue bonds of the City for the purpose of
defraying the cost of acquiring and constructing certain sidewalk and driveway
improvements, and related improvements, in certain areas of the City (the
“Project”); and
WHEREAS, Section 5(g) of the Home Rule
Cities Act, Act 279, Public Acts of Michigan, 1909, as amended (the “Act”),
requires the publication of a notice of intent to issue the bonds necessary to
produce the monies required to finance a portion of the cost of the Project;
and
WHEREAS, the City Council has reviewed the
estimate of costs for the Project, including contingencies, in the approximate
amount of One Hundred Forty Thousand
Dollars ($140,000.00); and
WHEREAS, the City Council intends to issue
special assessment bonds (the “Bonds”) to finance a portion of the cost of the
Project; and
WHEREAS, not to exceed Sixty Five Thousand
Dollars ($65,000) of the aggregate Project costs, including the costs of
issuance for the Bonds, is to be financed by issuing the Bonds; and
WHEREAS, the City Council is desirous of
authorizing the issuance of the Bonds and the approval of the required Notice
of Intent to Issue Bonds; and
WHEREAS, in order to proceed with the
issuance of the Bonds, it is also necessary for the City to obtain exceptions
from prior approval from the Michigan Department of Treasury.
NOW, THEREFORE, BE IT RESOLVED THAT :
1. The
City Clerk shall publish the following notice in the Ingham County Community
News, Mason, Michigan, a newspaper of general circulation within the City
of Mason, as a display ad of at least 1/8 page in size:
NOTICE OF INTENT TO ISSUE BONDS
TO THE TAXPAYERS AND ELECTORS OF THE
CITY OF MASON
AND NOTICE OF RIGHT OF REFERENDUM
SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 2002
PLEASE TAKE NOTICE THAT the City
Council of the City of Mason, Ingham County, Michigan, intends to authorize the
issuance pursuant to Section 5(g) of the Home Rule Cities Act, Act No. 279,
Public Acts of Michigan, 1909, as amended, of NOT TO EXCEED $65,000 City of
Mason Sidewalk Improvement Special Assessment Bonds, Series 2002 (Limited
Tax-General Obligation), for the purpose of defraying a portion of the cost of
acquiring and constructing certain sidewalk and driveway improvements, and
related improvements, in certain areas of the City (the “Project”). The bonds will be payable in not more than
three (3) annual installments at a rate of interest to be determined upon sale
of the bonds, not to exceed seven percent (7%), payable on the unpaid principal
balance from time to time remaining outstanding on the bonds.
SOURCE
OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON the
bonds will be fully payable from uncollected special assessments levied against
benefitting real property in: the Sidewalk and Driveway Special Assessment
District - S.A. 2002-1; and the Sidewalk and Driveway Special Assessment District
- S.A. 2002-2. While it is not
anticipated that any funds of the City will be required for the retirement of
the bonds, the City will pledge its full faith and credit for the repayment of
the bonds in the event the special assessment revenues pledged for repayment of
the bonds are insufficient. The total
Project cost is estimated to be $140,000, of which approximately $65,000 is to
be defrayed by assessment, and the balance of the total Project cost is to be defrayed
by budgeted general funds of the City and/or contributed funds. No tax increase is required to fund the
Project.
NOTICE
OF RIGHT OF REFERENDUM
THIS NOTICE is given pursuant to the
requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as
amended. If within forty-five (45) days
from the publication of this NOTICE OF INTENT to issue bonds a PETITION signed
by not less than TEN PERCENT (10%) OF THE REGISTERED ELECTORS residing within
the limits of the City of Mason shall have been filed with the City Clerk
requesting a REFERENDUM on the question of the issuance of the bonds, then the
same shall not be issued until approved by the vote of the majority of the
electors of the City qualified to vote and voting thereon at a general or
special election. The current number of
registered electors in the City is 4,891.
Further information regarding the street and sidewalk
improvement project and the bonds is available at the City Clerk’s offices, 201
West Ash Street, Mason, Michigan 48854.
__________________________________
Martin Colburn, City Clerk
City of Mason
2. The
foregoing notice and method of publication thereof are hereby determined to be
adequate to notify the residents of the City of their referendum rights and of
the nature of the debt obligations proposed to be issued by the City.
3.
Pursuant to the
provisions of the Municipal Finance Act, Public Act 202 of 1943, as amended,
the City
hereby resolves to request from the Local
Audit and Finance Division of the Michigan Department of Treasury an exception
from prior approval for the issuance of the Bonds.
4.
The City
Administrator and Finance Director/Treasurer, or a designee thereof, are hereby
authorized and
directed to complete the necessary “Notice of
Intent to Issue an Obligation” application and to file the same with the Local
Audit and Finance Division of the Michigan Department of Treasury, together
with:
(a) a
certified and fully executed original copy of this resolution authorizing the
request for exceptions from prior approval; and
(b) a
draft in the amount of $100 made payable to the “State of Michigan.”
5.
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)
Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
Nays: Council Members - (0) None
Absent: Council Members - (0) None
Resolution declared adopted.
_____________________________
Martin
Colburn, City Clerk
City of Mason
STATE OF MICHIGAN )
)ss
COUNTY OF INGHAM )
I, the undersigned, the duly
qualified clerk of the City of Mason, Ingham County, Michigan, DO HEREBY
CERTIFY that the foregoing is a true and complete copy of the proceedings taken
by the City Council at a regular meeting held on the 4th day of March, 2002.
IN WITNESS WHEREOF, I have hereunto
affixed by official signature this 4th day of March, 2002.
______________________________
Martin Colburn, City Clerk
City of Mason
Resolution No. 2002-10 - Ten Year Street
Program
City Council Resolution No. 2002-10 was introduced by Soule and seconded by
Clark.
Discussion was held on the process for paving
alleys, the alley priority list, the millage designated to the street program,
and when funds would be available to begin.
A brief discussion was held on Mason Street, the last unpaved road in
the city. It was discussed that staff
would provide cost estimates for the three remaining unpaved alleys.
CITY
OF MASON
CITY COUNCIL RESOLUTION NO. 2002-10
TEN YEAR STREET PROGRAM
March 4, 2002
WHEREAS, a ten
year street reconstruction program was prepared and presented; and
WHEREAS, it
includes a street project prioritization program based on a study conducted by
the Public Works Director and reviewed by the City Engineer; and
WHEREAS, costs
and revenue estimates for the projects have been made; and
WHEREAS, City
Council will review the project list annually to make appropriate allowances or
changes to priorities and estimates;
NOW, THEREFORE, IT IS RESOLVED:
1. That a Ten
Year Street Construction Program has been accepted by City Council for project
planning and budgetary considerations.
2. An Alley
maintenance Program has been accepted by City Council for project planning and
budgetary considerations.
Yes: (7) Preadmore, Helbig, Clark, Howe, Soule,
Naeyaert, Whipple
No: (0)
CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and
accurate copy of a resolution adopted by the City Council at its regular
meeting held Monday, March 4, 2002, the original of which is part of the
Council’s minutes.
_________________________
Martin A. Colburn, Clerk
City of Mason
Ingham County, Michigan
Resolution No. 2002-11 - Correction to 2002
Sidewalk Special Assessment Roll
It was stated that the sidewalk measurement
was corrected for Mason Rentals LLC located at 300 W. South Street. The assessment roll was originally approved
by resolution and therefore any changes to the roll must be approved by
resolution.
City Council Resolution No.
2002-11 was introduced by
Clark and seconded by Soule.
CITY
OF MASON
CITY
COUNCIL RESOLUTION NO. 2002-11
CORRECTION
TO 2002-2 SIDEWALK SPECIAL ASSESSMENT ROLL
March
4, 2002
WHEREAS, the City Council of the City of
Mason did confirm the Sidewalk Special Assessment Roll for W. South Street on
February 18, 2002; and
WHEREAS, Mason Rentals LLC, owner of 300 W.
South Street was assessed for 165 feet of new sidewalk at a cost of $1,059.30
on the Sidewalk Special Assessment Roll; and
WHEREAS, the actual amount of new sidewalk
that will be installed is 54 feet at a cost of $346.68; and
WHEREAS, the total of Special Assessment Roll
2002-2 was $15,434.06;
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby
amend the Special Assessment Roll to reduce the special assessment for Mason
Rentals LLC from $1,059.30 to $346.68, and the total of Special Assessment Roll
2002-2 is reduced from $15,434.06 to $14,721.44; and
FURTHER, the Finance Director/Treasurer is
hereby ordered to make the proper adjustments.
Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert,
Whipple
No: (0)
CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of
a resolution adopted by the City Council at its regular meeting held Monday,
March 4, 2002, the original of which is part of the Council's minutes.
_______________________________
Martin A. Colburn, Clerk
City of Mason
Ingham County, Michigan
Bid - Tertiary Filter Pump No. 2 Repair
Project
It was discussed that one bid was received on
the repair to the Tertiary Filter Pump No. 2.
It was moved by Soule and seconded by Naeyaert to accept
the $7,096 bid from Layne Northern to repair the Tertiary Filter Pump No. 2 at
the Waste Water Treatment Plant.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
Bid - Sewage Pump Control Upgrade
A brief discussion was held on the two bids
received to repair and upgrade the twenty-five year-old control for the four
sewage pumps at the Waste Water Treatment Plant.
It was moved by Preadmore and seconded by Naeyaert to
accept the $10,495 bid from T.H. Eifert Inc. for the sewage pump control
upgrade at the Waste Water Treatment Plant.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
Extension of Mason 2002 Street Improvements
Contract
Discussion was held on the proposal to extend
the current contract with Aggregate Industries to continue the 2002 planned
street work at the 2001 rate. The
current rate is one dollar per ton less than last year due to oil and
additional related material costs.
It was moved by Howe and seconded by Naeyaert to approve
the extension of the 2001 street construction contract between the City of
Mason and Aggregate Industries for the 2002
construction program.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
Discussion - Cost Estimate of Installation of
Storm Sewer and Lead Connections
DPW Director Dean spoke to the request of
Council on providing a cost estimate for
storm sewer installation in Devon Hill Subdivison. He commented that there are various unknown
factors and poor soil conditions in that area.
Mr. Dean commented that his recommendation is not to proceed with the
proposed project because the parameters of the policy have yet to be
determined. It was noted that Finance
Director Revels provided the requested clarification that three houses on
Columbia were assessed at 50/50 and the payment was due over a five year period
for storm sewer work.
Request - MACC Annual Events
A brief discussion was held on the street
closures requested by the Mason Area Chamber of Commerce
It was moved by Helbig and seconded by Naeyaert to approve
the request of the MACC for the street closures and waiver of fees for the
Fourth of July and Holiday Celebration
per the February 12, 2002 request submitted by Executive Director Joe
Watkins.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
Fire Department - Annual Report
Fire Chief Scutt commented on the submitted
Annual Fire Department Report. A brief
discussion was held on having Fire Chief Scutt review the Draft False Alarm
Ordinance prepared by City Attorney McGinty.
It was moved by Preadmore and seconded by Soule to receive
the 2001 Annual Fire Department Report and place it on file.
VOTE: Yes (7) Preadmore, Helbig, Clark, Howe, Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
UNFINISHED BUSINESS
Mayor Whipple commented that he met with
Administrator Colburn and City Attorney McGinty
to review the proof copy of the codified
ordinance. He indicated that the
designation of the Building Official and Zoning and Development Director needs
further definition and the draft False Alarm Ordinance needs further review to
implement them into the ordinances prior to codification.
NEW BUSINESS
·
None
COUNCIL CORRESPONDENCE
·
The American
Legion
·
Certificate of
Appreciation, Mason Area United Way
·
Monthly Budget
Report
LIAISON REPORT
Planning Commission
Mayor Pro Tem Soule commented that the next
Planning Commission meeting will be held March 12, 2002 at 6:30 p.m.
Cable Commission
Robert Clark, Cable Commission Chairman,
commented that the next Cable Commission meeting will be held April 17, 2002 at
7:00 p.m.
Downtown Development Authority
No report was received at this time.
ADMINISTRATOR’S REPORT
Administrator Colburn commented on the Ingham
County Jail meeting regarding the withdrawal of 103 inmates by the Michigan Department of Corrections. Since then, Oakland County has contracted
with Ingham County for the available beds.
The courts have issued an Administrative Order to relieve
overcrowding. The city cemetery was
vandalized. Two of the juvenile
suspects have confessed and were arrested.
Mr. Colburn commented that the City of Mason held five liquor licenses,
however one license has been in escrow and a business within Ingham County has
taken that allocation. Also, as a
result of the 2000 Census numbers, eligibility for one license was lost. Discussion was held to hold a budget work
session May 1 and 2.
PEOPLE FROM THE FLOOR
·
None
EXECUTIVE SESSION
It was moved by Clark and seconded by Soule to adjourn to
executive session to discuss property acquisition and the City Administrator’s
personnel evaluation.
ROLL CALL VOTE: Yes (7) Preadmore, Helbig, Clark, Howe,
Soule, Naeyaert, Whipple
No (0)
MOTION CARRIED
The meeting adjourned into executive session
at 9:02 p.m.
_________________________ ________________________
Martin A. Colburn, City Clerk Russell W.
Whipple, Mayor