January 21, 2002

CITY OF MASON COMMUNITY ROOM

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

JANUARY 21, 2002

The meeting was called to order at 7:43 p.m. by Mayor Whipple.

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

Also present: Martin Colburn, City Administrator

Kathy Revels, Finance Director/Treasurer

Joe Dean, DPW Director

Bill Potter, City Engineer

Jim Howard, Zoning and Development Director

Deborah Stein, Deputy Clerk

Absent: Council Members: Howe, Helbig

Council Member Soule led in the Pledge of Allegiance and offered the invocation.

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: January 7, 2002

The Minutes of January 7, 2002 were approved as submitted.

APPROVAL OF BILLS

It was moved by Soule and supported by Naeyaert to approve the payment of the bills in the amount of $362,209.17 as submitted.

VOTE: Yes (5) Soule, Naeyaert, Preadmore, Clark, Whipple

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

· None

REGULAR BUSINESS

Public Hearing - 2002 Sidewalk/Driveway Improvement

Mayor Whipple commented on the hearing of necessity and special assessment process.

Mayor Whipple opened the public hearing at 7:48 p.m.

Jon Jenkins of 213 S. Jefferson Street asked if S. Jefferson Street between Maple and Columbia Streets is included in the sidewalk/driveway improvement project. Mayor Whipple stated that it is and his address is included in the project for sidewalk replacement.

Roger Cargill of 461 N. Barnes stated opposition to the proposed sidewalk/driveway project and presented a petition indicating opposition to sidewalk installation in the Devon Hills Subdivision.

Marilyn Zollweg of 448 N. Barnes commented that the residents of Devon Hills need reassurance that the city ordinance mandating parking over the sidewalks as a violation would be repealed when the ordinances are codified, prior to sidewalks being approved and installed. In the event that a change in City Council occurs, she asked that there be reassurance that Devon Hills Subdivision will be exempt from enforcement if the ordinance is ever reinstated. She asked that due to the safety and legal issues created by parking over the sidewalk, that the City Council would deny or postpone the sidewalk program until these issues have been addressed.

Gary Spiekerman of 731 S. Lansing commented on the topography of his lot and concern for the walnut tree in his yard. He feels that sidewalks are not necessary because it is a dead end street and he is concerned that sidewalks encourage pedestrian traffic that may trespass on the private bridges over the creek.

Charles Welsh of 305 W. South Street stated that he is opposed to sidewalk installation on his dead end street because they have established yards and landscaping. He added that most of the residents are retirees, and most of them have health issues.

Richard Meinke of 233 W. South Street stated opposition to the proposed sidewalk/driveway project. He commented that he is concerned about three large shade trees that appear to be planned for removal and he feels that the proposed sidewalk that will end on his property may encourage trespassers onto his property. He has been advised that his property value could decrease by a significant amount and resale would be difficult. He requested City Council to defer sidewalks for W. South Street for a period of time, and to transfer those funds to another project that would be more beneficial to more citizens of the city

Mike Kranz of 326 W. South Street stated opposition to the proposed sidewalk/driveway project. He is concerned about alining the new sidewalk to existing driveways on an incline.

John Kingman of 353 N. Rogers Street stated opposition to the proposed sidewalk/driveway project. He asked that more research be done prior to sidewalk installation. He stated that the 30" easements have not been considered.

Barb DePue of 817 S. Lansing stated opposition to the proposed sidewalk/driveway project. She is concerned about sidewalk placement with the topography of her corner lot, the health of existing trees and the decorative fencing in her yard. She feels that the money is available for sidewalks, but not to plow or salt her road.

Mark Hilderbrandt, property owner of 236 State Street, stated opposition to the proposed sidewalk/driveway project.

Rebecca Hall of 443 N. Rogers stated opposition to the proposed sidewalk/driveway project. She commented that N. Rogers is a dead end street and she doesn’t feel that sidewalks are needed and the sidewalks will leave her property with a 4' front yard. She stated that her children walked to school without sidewalks and there have never been sidewalks there to begin with. She stated that the kids use the street and no one has ever been hit or hurt and it has never been a problem before. She asked the Council to reconsider sidewalk installation for Devon Hills.

Lori Butler stated opposition to the proposed sidewalk/driveway project for her parent’s property located at of 443 N. Rogers. She commented that she grew up there and she walked in the street and the children that currently live in the neighborhood play in the street and their yard. She feels that they will continue to choose to play in the street rather than on a 4' wide sidewalk. She asked Council what they are getting out of it.

Eugene Bodoh of 437 N. Rogers Street stated opposition to the proposed sidewalk/driveway project. He feels that research should be done to justify the expense.

Bridget Wheeler of 210 Devon Hills asked the Council to allow the residents of Devon Hills more time to comment on the maps that the city mailed to the residents in December. She stated that she would visit her neighbors to encourage them to turn them in.

Stevan Meck of 451 N. Barnes Street stated opposition to the proposed sidewalk/driveway project. He feels that tax dollars are being wasted.

Vince Cimala stated that he is speaking on behalf of his son and daughter-in-law, Matt and Christine Cimala of 320 W. South Street, indicating that they are opposed to the proposed sidewalk/driveway project.

Bonnie Jordan commented that she is present on behalf of her mother, Bernice Colbath of 371 Okemos Road and Bob Holcomb of 363 Okemos Road, indicating that they are opposed to the proposed sidewalk/driveway project.

Larry Hall of 443 N. Rogers Street stated opposition to the proposed sidewalk/driveway project.

Kathy Starmer of 430 N. Barnes Street stated opposition to the proposed sidewalk/driveway project. She stated concern that her tree will die as a result of the installation of sidewalks.

Mike Bocek of 119 Royce Street stated opposition to the proposed sidewalk/driveway project.

Kay Black of 230 Valley Court stated opposition to the proposed sidewalk/driveway project. She asked why the city waited 28 years, their yards are established and the landscaping is mature.

Russell Bryde of 407 N. Rogers Street stated opposition to the proposed sidewalk/driveway project. He is concerned about drainage issues and the effect it will have on his pond in his backyard.

Brett Richards of 201 Devon Hill stated opposition to the proposed sidewalk/driveway project.

Janet Higby of 120 Royce Street stated concern that her family’s two vehicles will not fit in the driveway with sidewalks.

Deloris Hafner of 500 N. Rogers Street commented that additional street work will be done on N. Rogers Street to enlarge the sewer drains.

Marilyn Zollweg of 448 N. Barnes Street stated that she feels that there is a perceived lack of communication between city administrative officials and the mayor and city council, and a lack of communication with the citizens.

Joan Meinke of 233 W South Street asked how many home owners are effected by the sidewalks and if any written communication has been received indicating support of sidewalk installation. The Mayor commented that he has not received any written support, however, other residents in town have indicated their support of sidewalks in town.

Mike Canteberry of 428 E. Cherry Street stated support for the City Sidewalk Policy. He commented that he serves on the Planning Commission and the Tree Commission. He feels that in 1950 it was a mistake that sidewalks were not put in initially and the City Council should not continue that mistake. He feels the community is a better community because of the sidewalks. Although the current residents don’t want sidewalks, future residents may. He stated that if Mason wants to be considered a walkable community, he feels that it is important to follow through with the policy.

Jeff Bradfield of 442 N. Barnes Street stated opposition to the proposed sidewalk/driveway project. He stated that if cars are parked over the sidewalk every sixty feet, what good is it to have sidewalks.

Chris M. Cochrane of 401 N. Barnes Street stated opposition to the proposed sidewalk/driveway project. He asked if those individuals that feel that side walks should be installed in Devon Hills feel that way because they want to use them, or because they had to have them installed so everyone else should too. Mayor Whipple commented that both opinions were expressed. The majority felt that they had sidewalks installed in their existing neighborhood and they don’t know why another subdivision should be treated differently. He commented that in the 1950's it was a different mind set. Houses were being built and sometimes the streets were paved and sometimes they were not. In 1973 the City Council took a different approach and they decided that there would not be any more gravel roads and that sidewalks should be on every street.

Laura Keepers of 204 S. Lansing Street stated opposition to the proposed sidewalk/driveway project.

Ms. Starmer asked why seven people decided that it was beneficial to the city to have sidewalks and why the citizens of Mason weren’t asked if they wanted to have a walkable community.

Councilmember Clark commented on the background and forethought to the adoption of the City Sidewalk Policy in 1973. He stated that the 1973 sidewalk policy mirrored the subdivision ordinance adopted in 1968 that indicated that all new development would have sidewalk, curb, gutter, and paved streets. In addition, they determined that along with the new developments, any time street improvements were done, sidewalks would be installed at the same time.

Mr. Meck asked why the policy was ignored when the street was paved about ten years ago. He asked if it was bypassed to install sidewalks at that time and used as a substitute for achieving contracts with desired parties. Mayor Whipple asked who the desired parities are, and why had it been referenced this evening more than once. The resident stated that Mayor Whipple would not identify who the people were that felt sidewalks should be installed in Devon Hills. Mayor Whipple indicated that it would not be proper to name the individuals. The resident indicated that he was asking who are the parties are that are most interested in getting concrete in. Mayor Whipple stated that an indiscretion was being implied at best and unethical behavior was being implied at worst. He stated that every person that has spoken to him or has been identified to him from speaking with another council member on Devon Hills having sidewalks does not have any type of affiliation with the concrete, asphalt, or the demolition business. They are just residents of Mason that feel sidewalks are good.

A brief recess was taken at 9:25 p.m. and the meeting reconvened at 9:47 p.m.

Mayor Whipple closed the public hearing at 9:47 p.m.

Administrator Colburn commented on the process of the resolutions and projects presented. City Engineer Potter commented that easements are not part of the right-of-way. Council Member Clark moved to remove E. Columbia properties from the roll. The motion died for lack of support. Arduous discussion ensued.

Council Member Naeyaert commented on her involvement on city issues, commissions and committees and stated that the same opportunities are available to all residents that want to participate in the decisions of their community. She commented that children are not taught to play in the street. She doesn’t feel that a neighborhood should be exclusive of a city policy that the rest of the city has accepted and shared in. Upholding the policy is not a matter of politics. It is upholding the community as a whole.

Council Member Soule commented that in the role as public servant, issues arise that force consideration for the good of the community as a whole. He feels that the sidewalk policy of Mason is a perfect example of a policy that is good for the whole. In 1973 the Mason City Council established a sidewalk policy which required sidewalks in the city limits. Maintenance and construction were later tied to the road maintenance and construction schedule to include sidewalk installation as the roads were built or replaced, and the corresponding sidewalks were installed. Devon Hills was not picked at random. Since 1973 numerous councils have been faced with this issue, as well as neighborhood opposition. He stated that the question is whether the citizens and pedestrians are safer when the infrastructure separates pedestrian traffic from vehicular traffic. According to the Ingham County Director of Traffic and Safety, as well as other professionals, the answer is yes, most definitely. They encourage separation between pedestrian and vehicular traffic at every given opportunity. He added that officials in Lansing Township are dealing with this question tonight in light of a traffic situation involving the death of two children that were walking in the public right-of-way and were struck and killed by a drunk driver. They are now wrestling with whether it is the moral obligation of a township to supply pedestrian friendly opportunities for pedestrians to travel safely apart from the public roadway. That is a tragic situation and the City of Mason has a policy that brings this issue before us without such a tragic image. Although it has been stated that a child has not been injured or killed in Devon Hills, Council Member Soule stated that he does not want to be aware of such a tragic occurrence. He does not want that to happen on his watch, or to look back and say that there was an opportunity to address this issue and separate the traffic from pedestrians, but did not. He stated that he is making a decision tonight for public safety, in support of city policy, and in support of sidewalks.

It was discussed that the plans before Council reflect the preferred modifications of property owners and that additional plans have been turned in tonight. City Engineer Potter commented that as part of municipal design, the plans will need to be worked on to be more attractive and consistent.

Discussion followed on sidewalk placement. Mayor Whipple commented that there is not one house in the subdivision that cannot park two average vehicles. If those vehicles were extended cab, full size trucks, they would not fit. However, the city cannot be designed to the extremes. He commented that it is his understanding and experience that sidewalks increase property values, which is the logic for charging property owners half the cost for sidewalk installation, because there is a benefit to the property owner. He stated that the issue at hand is to uphold policy, with the awareness that these neighborhoods need to be addressed with the utmost of scrutiny by staff as well as council.

Discussion followed on the care of trees that are in the vicinity of the sidewalk placement and those that are to be removed. Council Member Clark commented on the properties that have unique issues. He is concerned about the property located at 731 S. Lansing and 817 S. Lansing. He feels that the sidewalks that lead to nowhere, problematic sidewalk placement, and sidewalk placement that is disruptive to properties should be reconsidered. Discussion ensued. Council Member Clark moved to remove the properties on W. South Street at this time. The motion died for lack of support

Administrator Colburn commented that the resolutions indicate that the process will not progress until directed to do so by resolution. The planning and designing that has occurred precedes the process, and has been done to accommodate the residents’ concerns and input. Discussion continued on scheduling a meeting to allow property owners to personally address concerns with city staff and to initiate the bid process with the understanding that if the concerns of the property owners are not regarded, the City Council would stop the process.

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No.3, Project No. 2002-1

Special Assessment Resolution No. 3, Project No. S.A. 2002-1 was introduced by Soule and seconded by Preadmore.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 3

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 21st day of January, 2002, at 7:30 o'clock, p.m.

Present: Council Members (5) Soule, Naeyaert, Preadmore, Clark, Whipple

Absent: Council Members (2) Howe, Helbig

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

WHEREAS, the City Council of the City of Mason, pursuant to the provisions of Ordinance No. 37 and the provisions of the City Charter, did on Monday, the 3rd day of December, 2001, adopt a resolution tentatively approving the construction of certain sidewalk and driveway improvements (the “Project”, described below), and the establishment of a special assessment district therefore for the purpose of defraying all or a portion of the cost thereof, which Project and special assessment district are more specifically hereinafter described; and

WHEREAS, this City Council did meet on Monday, the 21st day of January, 2002, at 7:30 o’clock, p.m., the time, date and place set by the City Council to conduct a public hearing to hear any objections to the Project and to the special assessment district therefore; and

WHEREAS, plans and estimates of cost of said Project are on file with the City Clerk and have been since January 21, 2002.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council hereby determines to make the following described sidewalk and driveway improvements:

The installation of sidewalks and driveway approaches where necessary and related improvements, 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, 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, 116 S. Jefferson, 109 S. Jefferson, 117 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;

2. The City Council hereby approves the plans and estimate of cost for the Project in the sum of $150,000.00 as prepared and presented by the City’s Engineers, Wolverine Engineers and Surveyors, Inc., Mason, Michigan, and approves the additional sum of not to exceed $4,000.00 to defray legal and financing costs. Of the total cost of $154,000.00 the City Council determines to assess 50% of that amount against benefitting property owners in the City.

3. The City Council finally determines that the special assessment district for the Project shall consist of the lots and parcels of land in the area of the City described in Exhibit A, attached hereto and incorporated herein by reference, and excluding all streets and other land deemed not benefitted.

4. The City Council hereby directs the City Assessor to make, and report to the City Council within thirty (30) days from the date of this resolution, a special assessment roll in which shall be described all of the parcels of land to be assessed as set forth with the names of the owners thereof, if known, and the total amount to be assessed against each parcel of land, which amounts shall be such relative proportion of the whole sum to be levied against all parcels of land in the special assessment district as, on a frontage basis, the benefit to such parcel bears to the total benefit of all parcels of land in the special assessment district, all in accordance with Section 7 of Ordinance 37, and subject to review and modification by the City Council.

5. When the City Assessor shall have completed the special assessment roll, she shall affix thereto her certificate stating that said roll was made pursuant to a resolution of the City Council of the City of Mason, adopted January 21, 2002, and that in making the special assessment roll she has, according to her best judgment, conformed in all respects to the directions contained in said resolution and the statutes of the State of Michigan, and the City Assessor shall then, within thirty (30) days from the date of this resolution, report the special assessment roll with her certificate attached thereto to the City Council.

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 (4) Soule, Naeyaert, Preadmore, Whipple

Nays: Council Members (1) Clark

Absent: Council Members (2) Howe, Helbig

_____________________________

Martin Colburn, City Clerk

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 21st day of January, 2002.

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 21st day of January, 2002.

______________________________

Martin Colburn, City Clerk

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No. 3, Project No. 2002-2

Special Assessment Resolution No. 3, Project No. 2002-2 was introduced by Soule and seconded by Preadmore.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 3

PROJECT NO. S.A. 2002-2

Present: Council Members (5) Soule, Naeyaert, Preadmore, Clark, Whipple

Absent: Council Members (2) Howe, Helbig

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

WHEREAS, the City Council of the City of Mason, pursuant to the provisions of Ordinance No. 37 and the provisions of the City Charter, did on Monday, the 17th day of December, 2001, adopt a resolution tentatively approving the construction of certain sidewalk improvements (the “Project”, described below), and the establishment of a special assessment district therefore for the purpose of defraying all or a portion of the cost thereof, which Project and special assessment district are more specifically hereinafter described; and

WHEREAS, plans and estimates of cost of said Project are on file with the City Clerk and have been since January 21, 2002.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council hereby determines to make the following described sidewalk improvements:

The installation of sidewalks and driveway approaches and related improvements, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: 731 S. Lansing, 817 S. Lansing, 332 W. South, 326 W. South, 324 W. South, 320 W. South, 306 W. South, 300 W. South, 233 W. South, 305 W. South, 327 W. South, 100 State, 114 State, 126 State, 200 State, 210 State, 230 W. Maple, 236 State, 327 W. Columbia, 230 W. Sycamore.

2. The City Council hereby approves the plans and estimate of cost for the Project in the sum of $50,000.00 as prepared and presented by the City’s Engineers, Wolverine Engineers and Surveyors, Inc., Mason, Michigan, and approves the additional sum of not to exceed $1,000.00 to defray legal and financing costs. Of the total cost of $51,000.00, the City Council determines to assess 50% of that amount against benefitting property owners in the City.

7. 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 (4) Soule, Naeyaert, Preadmore, Whipple

Nays: Council Members (1)Clark

Absent: Council Members (2) Howe, Helbig

Resolution declared adopted.

_____________________________

Martin Colburn, City Clerk

STATE OF MICHIGAN )

)ss

COUNTY OF INGHAM )

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 21st day of January, 2002.

______________________________

Martin Colburn, City Clerk

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No.4, Project No. 2002-1

Special Assessment Resolution No. 4, Project No. S.A. 2002-1 was introduced by Preadmore and seconded by Preadmore.

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 4

PROJECT NO. S.A. 2002-1

Present: Council Members (5) Soule, Naeyaert, Preadmore, Clark, Whipple

Absent: Council Members (2) Howe, Helbig

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

WHEREAS, by resolution adopted Monday, January 21, 2002, the City Council of the City of Mason determined to acquire and construct, with respect to the proposed sidewalk and driveway improvements special assessment district, the more particularly hereinafter-described sidewalk and driveway improvements (the “Project”) and assess a portion of the cost thereof against the property deemed benefitted by the Project, all in accordance with Ordnance No. 37 and the provisions of the City Charter; and

WHEREAS, the City Assessor has prepared and reported to the City Council a special assessment roll assessing a portion of the cost of the Project to the property benefitted thereby with her certificate attached thereto; and

WHEREAS, the City Council desires to schedule a public hearing to review and hear objections to the special assessment roll.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The special assessment roll shall be filed with the office of the City Clerk and shall be available for public examination during regular business hours on regular business days.

2. The City Council shall meet at 7:30 o’clock in the p.m., on Monday, the 18^th day of February, 2002, in the City

Council Chambers, City Hall, 201 West Ash Street, Mason, Michigan 48854, for the purpose of reviewing and hearing objections to the special assessment roll.

3. The City Clerk shall cause notice of the hearing and the filing of the special assessment roll to be given to all interested property owners as provided by Ordinance No. 37 and the City Charter of the City of Mason. The notice as published and mailed shall be in substantially the following form:

NOTICE OF HEARING

CITY OF MASON

INGHAM COUNTY, MICHIGAN

NOTICE OF PUBLIC HEARING ON THE

SPECIAL ASSESSMENT ROLL FOR THE

SIDEWALK AND DRIVEWAY IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT - S.A. 2002-1

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CITY OF MASON, INGHAM COUNTY, MICHIGAN, the owners of the land described below within the Sidewalk and Driveway Special Assessment District - S.A. 2002-1, and any other interested persons:

PLEASE TAKE NOTICE that the City Assessor has reported to the City Council and filed in the office of the City Clerk for public examination a special assessment roll prepared by him related to all properties listed above, and that are within the Sidewalk and Driveway Special Assessment District - S.A. 2002-1, and are benefitted by the proposed sidewalk and driveway project generally described as follows:

The installation of sidewalks and driveway approach as needed and related improvements, 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, 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, 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, 116 S. Jefferson, 109 S. Jefferson, 117 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.

The special assessment roll has been prepared for the purpose of assessing 50% of the costs of the acquisition and construction of the sidewalk and driveway project and work incidental thereto within the special assessment district, as more particularly shown on the plans of the City’s engineers, which are on file and available for public examination with the City Clerk at the City Hall, 201 West Ash Street, Mason, Michigan, within the City. The total estimated assessment thereunder is $154,000.00.

PLEASE TAKE FURTHER NOTICE that the City Assessor has further reported that the assessment against each parcel of land within the special assessment district is such relative portion of the whole sum levied against all parcels of land in the special assessment district as the benefit to such parcel bears to the total benefit to all parcels of land in the district.

PLEASE TAKE FURTHER NOTICE that the City Council will meet on Monday, the 18 day of February, 2002, at 7:30 o’clock, p.m., in the City Council Chambers, City Hall, 201 West Ash Street, Mason, Michigan 48854, for the purpose of reviewing the proposed special assessment roll and hearing any objections thereto. The special assessment roll may be examined at the office of the City Clerk during regular business hours of regular business days until the time of the hearing and may further be examined at the hearing.

Appearance and protest at the hearing, in person or in writing, are required in order to appeal the action of the City Council in approving the special assessment roll and/or the amount of an assessment to the state tax tribunal. 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 and protest by letter and his or her personal appearance will not be required. The owner or any person having an interest in the real property who protests in person or in writing at the hearing may file a written appeal of a special assessment with the state tax tribunal within 30 days of the date the special assessment roll is confirmed by the City Council.

Further information regarding the sidewalk and driveway improvement special assessment project is available at the City Clerk’s offices, City Hall, 201 West Ash Street, Mason, Michigan 48854.

Dated: January 21, 2002 ______________________________

Martin Colburn, City Clerk

1. 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 (4) Soule, Naeyaert, Preadmore, Whipple

Nays: Council Members (1)Clark

Absent: Council Members (2) Howe, Helbig

Resolution declared adopted.

_____________________________

Martin Colburn, City Clerk

STATE OF MICHIGAN )

)ss

COUNTY OF INGHAM )

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 21st day of January, 2002.

______________________________

Martin Colburn, City Clerk

2002 Sidewalk/Driveway Improvement - Special Assessment Resolution No. 4, Project No. 2002-2

Special Assessment Resolution No. 4, Project No. 2002-2 was introduced by Soule and seconded by Preadmore

CITY OF MASON

2002 SIDEWALK AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 4

PROJECT NO. S.A. 2002-2

Present: Council Members (5) Soule, Naeyaert, Preadmore, Clark, Whipple

Absent: Council Members (2) Howe, Helbig

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

WHEREAS, the City Council desires to schedule a public hearing to review and hear objections to the special assessment roll.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The special assessment roll shall be filed with the office of the City Clerk and shall be available for public examination during regular business hours on regular business days.

2. The City Council shall meet at 7:30 o’clock in the p.m., on Monday, the 18^th day of February, 2002, in the City

Council Chambers, City Hall, 201 West Ash Street, Mason, Michigan 48854, for the purpose of reviewing and hearing objections to the special assessment roll.

NOTICE OF HEARING

CITY OF MASON

INGHAM COUNTY, MICHIGAN

NOTICE OF PUBLIC HEARING ON THE

SPECIAL ASSESSMENT ROLL FOR THE

SIDEWALK AND DRIVEWAY IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT - S.A. 2002-2

PLEASE TAKE NOTICE that the City Assessor has reported to the City Council and filed in the office of the City Clerk for public examination a special assessment roll prepared by him related to all properties listed above, and that are within the Sidewalk and Driveway Special Assessment District - S.A. 2002-2, and are benefitted by the proposed sidewalk and driveway project generally described as follows:

The installation of sidewalks and driveway approaches where necessary and related improvements, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: 731 S. Lansing, 817 S. Lansing, 332 W. South, 326 W. South, 324 W. South, 320 W. South, 306 W. South, 300 W. South, 233 W. South, 305 W. South, 327 W. South, 100 State, 114 State, 126 State, 200 State, 210 State, 230 W. Maple, 236 State, 327 W. Columbia, 230 W. Sycamore.

Further information regarding the sidewalk and driveway improvement special assessment project is available at the City Clerk’s offices, City Hall, 201 West Ash Street, Mason, Michigan 48854.

Dated: January 21, 2002

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Martin Colburn, City Clerk

4. 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 (4) Soule, Naeyaert, Preadmore, Whipple

Nays: Council Members (1)Clark

Absent: Council Members (2) Howe, Helbig

Resolution declared adopted.

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Martin Colburn, City Clerk

STATE OF MICHIGAN )

)ss

COUNTY OF INGHAM )

IN WITNESS WHEREOF, I have hereunto affixed by official signature this 21st day of January, 2002.

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Martin Colburn, City Clerk

Presentation - DDA Facade Grant Program

Phil Birdsall, Downtown Development Authority Director gave a brief presentation on the DDA Facade Grant Program. He stated that the DDA’s purpose is to prevent the deterioration of buildings and to promote the economic vitality in the downtown district. One of the first initiatives of the plan is a grant program to assist property owners in the downtown district to improve the facades of their buildings. This is in response to a community survey conducted by the FOCUS Group in which the community placed a very high value on downtown for being a major component of the fabric of Mason’s community.

Purchase - Trench Box

Discussion was held on purchasing a trench box for the Department of Public Works (DPW) for $5,030. It was being planned to include it in the budget for next year, however, due to recent events and safety regulation requirements, the immediate purchase of a trench box is being requested. DPW Director Dean commented that the equipment has been rented for $100.00 a day. In the event that the need for a trench box occurs during the night, a weekend, or holiday, it would not be possible to obtain the equipment.

It was moved by Soule and seconded by Clark to approve the immediate purchase of a trench box from Efficiency Production Inc., in Mason, Michigan for $5,030.00.

VOTE: Yes (5) Soule, Naeyaert, Preadmore, Clark, Whipple

No (0) MOTION CARRIED

UNFINISHED BUSINESS

· None

NEW BUSINESS

Discussion was held on investigating the vacant foundation on Okemos Street. It was the consensus of Council to include a presentation on Hardship Deferral for Special Assessments on the next agenda.

COUNCIL CORRESPONDENCE

· Quarterly Investment Report

LIAISON REPORT

Mayor Pro Tem Soule commented that the Master Plan sub committees will be reporting on their findings Saturday, January 26, 2002.

ADMINISTRATOR’S REPORT

Administrator Colburn commented that the school district has been informed on the Design a Sign contest and the Village of Chelsea have accepted our invitation for Mayor Exchange Day.

PEOPLE FROM THE FLOOR

Barb DePue commented that the open foundation located at Rogers and Okemos Roads is dangerous and needs immediate attention.

Chris Cochrane asked how residents in Devon Hills will be notified of the workshop sessions. Mayor Whipple stated that notice of the meeting will be mailed.

Marilyn Zollwig asked that she be notified prior to the workshop meeting and she will go to her neighbors and remind them.

Lori Butler asked if Devon Hills would be grandfathered in. Council Member Preadmore indicated that they are not.

ADJOURNMENT

The meeting adjourned at 11:55 p.m.

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