CITY OF MASON

201 W. ASH ST.

MASON, MICHIGAN

CITY COUNCIL MINUTES

DECEMBER 2, 2002

 

The regular meeting of the City Council was held in City Hall Council Chambers on Monday, December 2, 2002.  Mayor Whipple called the meeting to order at 7:32 p.m.  Council Member Howe led in the Pledge of Allegiance and offered the invocation.  The roll was called with the following members being present: Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple.  Absent.  None.  Vacancy: One*

 

The minutes of the regular meeting of November 18, 2002, were approved as corrected.  Howe moved, Helbig supported that the bills dated December 2, 2002, as certified by the City Administrator in the amount of $168,390.74 be approved and ordered paid.  YES (6)   NO (0)

 

People from the Floor: There were no comments.

 

7.  Regular Business

A.  Filling Vacant Council Seat

Motion to Reconsider action of November 18, 2002   

Howe moved, Preadmore supported, that the Council reconsider its action as it relates to the vacancy on the City Council due to Tim Soule’s resignation.    YES (6)   NO (0)

 

Original Motion

Helbig moved, Preadmore supported, that notice be published immediately in the newspaper soliciting letters of interest with a deadline of close of business December 4, 2002, and, further that a special meeting of the Council be held on December 9, 2002 for the purpose of appointing someone to fill the current, unexpired term.   YES ( 0)   NO (6)

 

Preadmore moved, Naeyaert supported, that the City Council appoint Leslie W. Bruno, Jr., to fill the current Council vacancy of Tim Soule until January 6, 2003.   YES (6)   NO (0)          

 

*Oath of Office: Administrator Colburn administered the Oath of Office to Leslie W. Bruno, Jr., to fill the unexpired term of Tim Soule to January 6, 2003.  Council Member Bruno took his seat at the table.

 

Clark moved, Howe supported, that the notice seeking applicants to serve the four year term on the City Council be published with a deadline of December 30, 2002.   YES (7)   NO (0)

 

B.  Filling Vacant Mayor Pro Tem Position:  Mayor Whipple stated that it is the Council’s pleasure on whether or not to fill the Mayor Pro Tem position at this time.  Preadmore moved, Bruno supported, that Council Member Helbig fill the unexpired position of  Mayor Pro Tem from now to January 6, 2003.  Motion Carried Unanimously.

 

C.  Public Hearing for Ordinance No. 138 - Enacting a New Code for the City of Mason: Mayor Whipple declared the public hearing open at 7:48 p.m.  There were no comments from the public and the hearing was closed at 7:49 p.m.

D.  Second Reading and Adoption - Ordinance No. 138:    Mayor Whipple stated that in Section 1, Chapters 1 through 94, has been corrected to read 1 through 100.  Preadmore moved, Helbig supported, that the Ordinance  be considered read.   YES (7)   NO (0)

 

ORDINANCE NO. 138

 

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MASON, INGHAM COUNTY, MICHIGAN; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

 

THE CITY OF MASON DOES HEREBY ORDAIN:

 

Section 1. The Code entitled "Code of Ordinances of the City of Mason, Michigan" published by Municipal Code Corporation consisting of Chapters 1 through 100, each inclusive, is hereby adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before December 2, 2002, and not included in the Code or recognized and continued in force by reference therein, are hereby repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Except as specifically provided otherwise by state law, city ordinance, or the code adopted by this ordinance, any violation of the Code or any ordinance, rule, or regulation adopted or issued in pursuance thereof, is a municipal civil infraction, punishable by a civil fine not exceeding $500 plus all direct and indirect costs of the action. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code so that reference to the Code includes reference to the additions and amendments.

Section 6. Ordinances adopted after December 8, 2002 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7. The effective date of this ordinance shall be 20 days after the adoption thereof, but not before it is published in full in a newspaper of general circulation in the City of Mason, Ingham County, Michigan.

Section 8. The Code adopted herein shall be published in loose-leaf form and shall be distributed by the City Clerk as follows:

 

Mayor and Councilmembers          7 copies (1 copy each)

City Administrator    1 copy

City Clerk 2 copies

City Attorney   2 copies

Finance Director/Treasurer       2 copies

Zoning & Development Director 2 copies

Police Chief     2 copies

Director of Public Works      1 copy

Fire Chief 1 copy

City Engineer   1 copy

Downtown Development Authority Executive Director    1 copy

55th Judicial District Court       2 copies

Mason Public Library     1 copy

 

The Clerk shall keep one (1) assigned copy of the Code available for public inspection during office hours. The City may print and publish additional copies of the code to be made available to the public at such charge as the City Council may determine by resolution.

 

The foregoing Ordinance was moved for adoption by Council Member Preadmore, seconded by Council Member Helbig and adopted by the following vote:   YES (7)    NO (0)

 

E. Capital Area District Library - Resolution: Preadmore moved, Naeyaert supported that Resolution 2002-51 be considered read.  YES (7)   NO (0)    The resolution was introduced by Howe, supported by Preadmore:

               CITY COUNCIL RESOLUTION NO. 2002-51

RECOMMENDATION TO CAPITAL AREA DISTRICT LIBRARY

ESTABLISHING A COMMITMENT TO COMMUNITIES

              WITH EXTENDED MILLAGE AND FUNDING

                       

WHEREAS, the Capital Area District Library came into existence in 1997 when Ingham County and the Lansing School District announced its decision to create an agreement for the formation of a District Library known as the Capital Area District Library (CADL); and

 

WHEREAS, a major impetus for the changing ownership of public libraries was derived due to funding changes from a Constitutional amendment (Proposition A); and

 

WHEREAS, the Capital Area District Library Strategic Plan calls for facilities to be provided by local communities; and

 

WHEREAS, free and open access to recorded knowledge, information and creative works should be available to all people including those with disabilities; and

 

WHEREAS, Capital Area District Library Mason Branch, located at 145 West Ash Street, has inadequate shelf space, interior space and access for those with disabilities; and

 

WHEREAS, the City of Mason and CADL jointly shared input and costs for an Architectural Study to examine options and potential improvements to the Mason Branch Library; and

 

WHEREAS, the library facility as examined and portrayed by the architectural firm, would only meet current needs, not future needs, while the estimated costs to proceed well exceed two million dollars ($2,000,000);

 

NOW, THEREFORE, BE IT RESOLVED, that the Mason City Council encourages CADL to examine its current practice of obtaining funding through a three year millage vote, and consider the needs of partnering for long term capital funding, by proposing a longer term millage vote that would be ten to fifteen years in length,

 

BE IT FURTHER RESOLVED, that the millage be in an amount which would allow CADL to financially participate and partner with local governments to proceed with significant capital projects which house CADL’s services and operations.

 

Resolution 2002-51 was declared adopted by the following vote:  

YES (7)   NO (0)

 

F.  Mayoral Appointment to Building Code Board of Appeals: The following resolution was introduced by Howe, supported by Preadmore:

 

               CITY COUNCIL RESOLUTION NO. 2002-52

RESOLUTION OF MAYORAL APPOINTMENT

    BUILDING CODE BOARD OF APPEALS

 

BE IT HEREBY RESOLVED, that the Mayor, with the advice and consent of the City

Council,  hereby makes the following appointments to the Building Code Board of Appeals:

 

Christopher L. Colligan Term expires: 2004

Nick Johnson Term expires: 2005

 

Resolution 2002-52 was declared adopted by the following vote:  YES :   (7)   NO:   (0)

 

G.  Discussion: Proposed P.A. 425 Agreement with Vevay Township:    The Mayor stated he wanted to meet in Executive Session on this item.  Preadmore moved, Howe supported, that item  Regular Business (G) be moved to the end of the agenda.  City Attorney McGinty advised that he has not prepared his communication on this yet.  He also stated that this does not qualify for executive session as it is not considered property acquisition.  Mayor Whipple stated that he would rather wait and discuss this after the City Attorney has been able to review it.    The motion to change the agenda failed: YES (0)   NO (7)

 

Preadmore moved, Howe supported, that discussion of the Proposed   P.A. 425 Agreement with Vevay Township  be deferred to the next Council meeting.  YES (7) NO (0)

 

8.  Unfinished Business: None

 

9.  New Business:

Council Member Bruno expressed his thanks to Ms. Barbara DePue for her suggestion that he be appointed to fill the unexpired portion of former Council Member Soule’s term.

Mayor Whipple reported that he attended the Court of Honor for  Nicholas Knudstrup, Troop 141,  and presented him with a proclamation congratulating him on earning the rank of Eagle Scout.

Council Member Naeyaert expressed appreciation to City staff, Clark’s Tree Service, and everyone who was involved with the planning and implementing the holiday celebration in Mason on November 29th.

 

10.  Council Correspondence

.Michigan Municipal League’s memorandum dated November 22, 2002, regarding potential funding cuts

.Communication  regarding Mayor’s Exchange day during Michigan Week beginning May 19, 2003

.Communication regarding holiday party of the Mason Area Chamber of Commerce to be held on December 5, 2002

 

11.  Liaison Report 

City Administrator Colburn announced there will be a Downtown Development Authority meeting this Thursday with items of discussion being:  possible expansion of the DDA District and extent of contamination at the site of the old fire station.

 

12.  Administrator’s Report

The new parking lot behind City Hall is being utilized.  The Traffic Commission will be meeting in January to explore ways to balance out the parking between this lot  and the lot behind the Cayenne Grille.

The Finance Department has mailed out the winter taxes to Mason residents.

 

13.  People From the Floor:   There were no comments.

 

14.  Adjournment:  There being no further business, Mayor Whipple declared the meeting adjourned at 8:06 p.m.

 

 

 

_________________________ ________________________

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