December 16, 2002

CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

DECEMBER 16, 2002

The meeting was called to order at 7:30 p.m. by Mayor Whipple.

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

Also present: Martin A. Colburn, City Administrator/Clerk

Kathy L. Revels, Finance Director/Treasurer

Joe Dean, Public Works Director

Dave Scutt, Fire Chief

Dennis E. McGinty, City Attorney

Linda Jakeway, Acting Deputy Clerk

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

Approval of Minutes - Regular Council Meeting: December 16, 2002: Preadmore moved, Helbig supported that the Minutes of December 2, 2002 be approved as corrected. Yes (7) No (0)

Approval of Bills: Preadmore moved, Howe supported, that the bills in the amount of $97,305.59

be approved and ordered paid. Yes (7) No (0)

People From the Floor: There were no comments.

Regular Business

Public Hearing - Sidewalk Improvements - Special Assessment District Project 2003-1: The Mayor declared the public hearing open at 7:37 p.m. There were no comments from the floor and the hearing was declared closed at 7:38 p.m. Bruno moved, Preadmore supported that Special Assessment Resolution No. 3 Project 2003-1 be considered read. YES (7) NO (0) A brief discussion ensued regarding Council Member Clark’s question on why sidewalk was not being installed all along North Street to include the property owned by Lear. City Engineer Potter and DPW Director Dean responded by briefly highlighting the factors involved in determining the scope of the project. City Administrator Colburn said staff has identified a possible conflict on Bond Street. Discussions are taking place with Mason School officials. The possibility exists that Bond Street may never have been transferred over to the City. This will be resolved prior to Confirmation of the Roll. There being no further discussion, the following resolution was introduced by Howe and supported by Clark:

2003 SIDEWALK IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 3

PROJECT 2003-1

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 21st day of October, 2002, 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, this City Council did meet on Monday, the 16th day of December, 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 December 16, 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 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: 628 North, 619 North, 227 N. Cedar, 340 North, 235 Mechanic, 231 Mechanic, 227 Mechanic, 502 Center, 429/429 ½ North, 207 McRoberts, 405 W. Ash, 129 S. Jefferson, 127 E. Sycamore, 120 S. Rogers, 113 S. Barnes, 339 E. Sycamore, 329 E. Sycamore, 216 E. Sycamore, 226 E. Sycamore, 310 E. Sycamore, 316 E. Sycamore, 330/332 E. Sycamore, 113 S. Matthews, 856 Holt, 850 Holt, 925 S. Barnes, 862 Holt, 334 E. South.

2. The City Council hereby approves the plans and estimate of cost for the Project in the sum of $26,000.00 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 $2,000.00 to defray legal and financing costs. Of the total cost of $28,000.00, the City Council determines to assess 50% of that amount against benefiting 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 benefited.

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 December 16, 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.

YES (7): Council Members Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple

NO (0) MOTION CARRIED

Special Assessment Resolution No. 4 Project 2003-1: Preadmore moved, Howe supported, that said resolution be considered read. YES (7) NO (0)

Introduced: Howe

Supported: Clark

2003 SIDEWALK IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 4

PROJECT 2003-1

WHEREAS, by resolution adopted Monday, December 16, 2002, the City Council of the City of Mason determined to acquire and construct, with respect to the proposed sidewalk improvements special assessment district, the more particularly hereinafter-described sidewalk improvements (the “Project”) and assess a portion of the cost thereof against the property deemed benefited 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 benefited 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 17^th day of March, 2003, 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 SIDEWALK IMPROVEMENTS

SPECIAL ASSESSMENT DISTRICT - PROJECT 2003-1

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CITY OF MASON, INGHAM COUNTY, MICHIGAN, the owners of the land described below within the Sidewalk Improvements Special Assessment District -Project 2003-1, 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 her related to all properties listed above, and that are within the Sidewalk Improvements Special Assessment District - Project 2003-1, and are benefited by the proposed sidewalk improvement project generally described as follows:

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: 628 North, 619 North, 227 N Cedar, 340 North, 235 Mechanic, 231 Mechanic, 227 Mechanic, 502 Center, 429/429 ½ North, 207 McRoberts, 405 W. Ash, 129 S. Jefferson, 127 E. Sycamore, 120 S. Rogers, 113 S. Barnes, 339 E. Sycamore, 329 E. Sycamore, 216 E Sycamore, 226 E Sycamore, 310 E Sycamore, 316 E Sycamore, 330/332 E Sycamore, 113 S Matthews, 856 Holt, 850 Holt, 925 S Barnes, 862 Holt, 334 E South.

The special assessment roll has been prepared for the purpose of assessing 50% of the costs of construction of the sidewalk improvement 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.

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 17th day of March 2003, 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 is 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 (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). 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.

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

YES (7): Council Members Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple

NO (0) MOTION CARRIED

Public Hearing - Alley Improvements - Special Assessment District Project 2003-2

Mayor Whipple declared the hearing open at 7:46 p.m.

Steve Babcock, 220 E. Sycamore Street, asked many questions about the project. He requested that the 66' of footage for his property be corrected to 55', as the County owns the other 10'. Mr. Babcock is in favor of the project.

Mike O’Brien, 115 E. Elm Street, expressed great concern about the process and subsequently the action that the City Council took regarding this issue. He referenced the fact that the Council adopted a resolution which allowed the City to initiate alley paving proceedings which replaced the former policy of these proceedings being initiated by 51% of the property owners.

Jan Bernath, 104 E. Oak Street, is in favor of paving the alley.

Letter received from Dave Young, 229 E. Maple, opposing the alley paving project.

The Mayor declared the public hearing closed at 8:06 p.m. A discussion ensued. The three residents as named above were allowed to briefly address the Council again reflecting the positions as previously stated.

Preadmore moved, Howe supported that Special Assessment Resolution No. 3, Project 2003-2,

2003 Alley Improvement, be considered read. YES (7) NO (0)

Introduced: Howe

Supported: Bruno

2003 ALLEY IMPROVEMENT

SPECIAL ASSESSMENT RESOLUTION NO. 3

PROJECT 2003-2

WHEREAS, the City Council of the City of Mason, pursuant to the City Charter, did on Monday, the 21st day of October 2002, adopt a resolution tentatively approving the construction of certain alley 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 16th day of December 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 December 16, 2002.

NOW, THEREFORE, BE IT RESOLVED THAT:

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

The grading and black-toping of approximately a 12-foot wide strip of land in the public right-of-way to be used for an alley for the following properties and along and adjacent to the following streets: 226 E. Sycamore, 204 S. Rogers, 215 E. Maple, 221 E. Maple, 229 E. Maple, 235 E. Maple, 220 E. Sycamore, 222 E. Sycamore, 104 E. Oak, 110 E. Oak, 118 E. Oak, 124 E. Oak, 132 E. Oak, 519-521 S. Jefferson, 111 E. Elm, 115 E. Elm, 121 E. Elm, 520 S. Barnes.

2. The City Council hereby approves the plans and estimate of cost for the Project in the sum of $13,712.00 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 $500.00 to defray legal and financing costs. Of the total cost of $14,212.00, the City Council determines to assess 80% of that amount against benefiting property owners in the City.

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, and subject to review and modification by 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.

YES (7): Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple NO (0)

MOTION CARRIED

Special Assessment Resolution No. 4 Project 2003-2: Helbig moved, Preadmore supported, that the resolution be considered read. YES (7) NO (0)

Introduced: Howe

Supported: Bruno

2003 ALLEY IMPROVEMENT

SPECIAL ASSESSMENT RESOLUTION NO. 4

PROJECT 2003-2

WHEREAS, by resolution adopted Monday, December 16, 2002, the City Council of the City of Mason determined to acquire and construct, with respect to the proposed alley improvements special assessment district, the more particularly hereinafter-described alley improvements (the “Project”) and assess a portion of the cost thereof against the property deemed benefited by the Project, all in accordance with the provisions of the City Charter; 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.

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 the City Charter of the City of Mason. The notice as published and mailed shall be in substantially the following form:

NOTICE OF PUBLIC HEARING ON THE

SPECIAL ASSESSMENT ROLL FOR ALLEY IMPROVEMENTS

SPECIAL ASSESSMENT DISTRICT - PROJECT 2003-2

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CITY OF MASON, INGHAM COUNTY, MICHIGAN, the owners of the land described below within the Alley Improvements Special Assessment District -Project 2003-2, 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 her related to all properties listed above, and that are within the Alley Improvements Special Assessment District - Project 2003-2, and are benefited by the proposed alley improvement project generally described as follows:

The grading and black-toping of approximately a 12-foot wide strip of land in the public right-of-way to be used for an alley for the following properties and along and adjacent to the following streets: 226 E. Sycamore, 204 S. Rogers, 215 E. Maple, 221 E. Maple, 229 E. Maple, 235 E. Maple, 220 E. Sycamore, 222 E. Sycamore, 104 E. Oak, 118 E. Oak, 124 E. Oak, 132 E. Oak, 519-521 S. Jefferson, 111 E. Elm, 115 E. Elm, 121 E. Elm, 520 S. Barnes;

The special assessment roll has been prepared for the purpose of assessing 80% of the costs of construction of the alley improvement 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.

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

YES (7): Council Members Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple

NO (0) MOTION CARRIED

Public Hearing - Imperial Garden, 147 West Maple Street, Request for Tavern License

Mayor Whipple declared the hearing open at 8:52 p.m. There was no public comment. The hearing was declared closed at 8:53 p.m. The Council was given a copy of the DDA Resolution No. 2002-2 recommending Imperial Garden for a tavern license “above all others.” If Council approves Resolution 2002-53 the next step will be for the owner of Imperial Garden to proceed with an application to the Michigan Liquor Control Commission. Naeyaert moved, Helbig supported that said resolution be considered read. YES (7) NO (0)

Introduced: Council Member Howe

Supported: Council Member Clark

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2002-53

RECOMMENDATION TO ISSUE TAVERN LICENSE TO

IMPERIAL GARDEN, INC., 147 W. MAPLE, MASON, MICHIGAN

December 16, 2002

WHEREAS, a request has been received from Imperial Garden, Inc., 147 W. Maple, Mason, Michigan that the process to recommend their application for a Tavern License be initiated; and

WHEREAS, in accordance to Section 521 of the Michigan Liquor Control Code, MCL 436.1521(1) e, businesses located in a development district with a population of not more than 50,000, in which the authority, after a public hearing, has found that the issuance of the license would prevent further deterioration within the development district and promote economic growth within the development district; and

WHEREAS, the Imperial Garden, Inc., is located within the Mason Downtown Development Authority (MDDA); and

WHEREAS, the MDDA did hold a public hearing on December 5, 2002 and did pass Resolution No. 2002-2 finding that the issuance of a tavern license to Imperial Garden, Inc would prevent further deterioration within the MDDA District and promote economic growth within the MDDA District; and

WHEREAS, the City of Mason did hold a public hearing on December 16, 2002 and take into consideration the findings of the MDDA;

NOW, THEREFORE, BE IT RESOLVED, that the request of Imperial Garden, Inc. for a tavern license to be located at 147 W. Maple, Mason, Michigan 48854, Ingham County, and the findings of the Mason Downtown Development Authority and the City Council of the City of Mason, Michigan secure consideration for approval by the Michigan Liquor Control Commission “Above All Others”, and that the application is hereby recommended for issuance.

VOTE: YES: (7) NO: (0) MOTION CARRIED

Riverwalk Meadows Phase III-Acceptance of Streets: A staff report prepared by Joe Dean, Director of Department Works, advised that Wolverine Engineering has recommended that the streets constructed in Riverwalk Meadows Phase III be accepted by the City of Mason as public streets. There is $89,200 in escrow for completion of the sidewalk, trees and the asphalt wearing course. Naeyaert moved, Preadmore supported, that Resolution 2002-54 be considered read.

YES (7) NO (0)

Introduced: Howe

Supported: Clark

CITY COUNCIL RESOLUTION NO. 2002-54

Acceptance of Riverwalk Drive, Raindrop Court and Sparkling Brook Boulevard in

Riverwalk Meadows No. 3

WHEREAS, the City of Mason did on December 16, 2002, acquire title to certain streets; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place these streets within the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951, as amended.

NOW, THEREFORE, IT IS RESOLVED:

1. Riverwalk Drive, the centerline of which is 1530 feet long; Raindrop Court, the centerline of which is 270 feet long; Sparkling Brook Boulevard, the centerline of which is 190 feet long; as recorded in the plat of Riverwalk Meadows No. 3, a subdivision on part of the Northeast 1/4 of Section 5, T2N, R1W, City of Mason, Ingham County, Michigan, as recorded in Liber 53 of Plat 53, pages 1 and 2, Ingham County Records.

2. That said streets are located within City right-of-way and are under the control of the City of Mason.

3. That said streets are public streets and are for public street purposes.

4. That said streets are accepted into the City Local Street System.

VOTE: YES (7 ) NO (0) MOTION CARRIED

Rayner Ponds - Acceptance of Sanctuary Drive: D.P.W. Director Dean advised that Wolverine Engineers has recommended the acceptance of Sanctuary Drive in Rayner Ponds subdivision. There is $45,288.75 in escrow for completion of the sidewalk, trees and the asphalt wearing course. Preadmore moved, Naeyaert supported that Resolution No. 2002-55 be considered read.

YES(7) NO (0)

Introduced: Howe

Supported: Clark

CITY COUNCIL RESOLUTION NO. 2002-55

Acceptance of Sanctuary Drive

WHEREAS, the City of Mason did on December 16, 2002, acquire title to certain streets; and

NOW, THEREFORE, IT IS RESOLVED:

5. Sanctuary Drive as recorded in the plat of Rayner Ponds Sanctuary, a subdivision of part of the Southeast 1/4 of Section 4, T2N, R1W, City of Mason, Ingham County, Michigan, as recorded in Liber 54 of plats, Page 39, the centerline of which is 1970 feet long.

6. That said streets are located within City right-of-way and are under the control of the City of Mason.

7. That said streets are public streets and are for public street purposes.

8. That said streets are accepted into the City Local Street System.

VOTE: YES (7) NO (0) MOTION CARRIED

Base Sewer Connection Fees Table Unit Factors: City Administrator Colburn explained that Ordinance No. 98-A-92 establishes the Base Sewer Connection Fees. This includes the factor which determines costs based on a Residential Equivalent Unit (REU) or 225 gallons per day. With the ordinances being codified, our sewer ordinance is now Chapter 82. The REU Table of Unit Factors listed in Ordinance No. 98-A-92 is not part of the codified codes and Chapter 82, Section 82-249, specifically states that: (b) The table of unit factors shall be as established by resolution. Preadmore moved, Naeyaert supported, that Resolution No. 2002-56 be considered read. YES (7) NO (0)

Introduced:Howe

Supported: Clark

MASON CITY COUNCIL

RESOLUTION NO. 2002-56

RESOLUTION TO ESTABLISH UNIT FACTORS FOR BASE SEWER CONNECTION CHARGES FOR CONNECTIONS TO THE CITY SANITARY SEWER SYSTEM.

WHEREAS, Section 82-246 of Division 6, Rates and Charges of Chapter 82, Utilities, of the Code of the City of Mason, provides that rates and charges for use of the City’s POTW shall include capital charges which shall distribute capital costs for the City’s wastewater collection and treatment system to each user on an equitable basis; and

WHEREAS, Section 82-248 of the Mason City Code requires that sewer service charges for use of the City’s wastewater collection and treatment system shall include a capital improvement charge for maintenance, repair, and improvements to the City’s wastewater collection and treatment system; and

WHEREAS, Section 82-249 of Chapter 82 of the Mason City Code provides that, where a sanitary sewer connection is made to a building or a structure, the base sewer connection charge shall be made in an amount established by resolution per residential equivalent; and

WHEREAS, Section 82-249 of the Mason City Code further provides that a table of unit factors to determine residential equivalents for each building or structure shall be established by resolution; and

NOW, THEREFORE, BE IT RESOLVED, that the following Table of Unit Factors is hereby established to determine the base sewer connection charge when any building or structure is connected to the City wastewater collection and treatment system. The minimum equivalent factor for any premises shall be 1.0.

A. Table of Unit Factors. Residential equivalent units assigned for each premises connected to the system shall be determined according to the following uses and factors:

Single family dwelling 1.0

Two family/multiple family dwelling 1.0 per dwelling unit

Auto body & repair/ 0.1 per employee

Auto dealer

Auto car wash

a. manual 2.5 per stall

b. semi-automatic 5.0 per line

(without conveyor)

c. automatic 10.0 per line

(with conveyor)

d. automatic 5.0 per line

(conserve & recycle water)

Banks 0.1 per employee

Barber Shop .25 per chair

Bars

a. no food .06 per seat

b. food .10 per seat

Boarding house .20 per person

Bowling Alley

a. no bars or food 1.0 + .10 per lane

b. food 1.0 + .10 per lane

+ .06 per seat

c. food & bar 1.0 + .10 per lane

+ .10 per seat

Beauty Shop .25 per seat

Churches

a. w/o kitchen and/or hall .005 per seat

b. kitchen and/or hall .01 per seat

Clinics 1.0 + .5 per seat

examining room

Convalescent Home .25 per bed

Convents/Monasteries .25 per person

Correction Facilities 0.1 per 10 employees +

[maximum number of

prisoners x 80 gal/cap/d]

/225 gal/RE/d]

Country clubs .10 per member

a. restaurant & bar .10 per member + .10

per seat

Department stores .01 per employee

Drug store .01 per employee

a. with fountain 1.0 per 10 employees

+ .10 per seat

Dry cleaners

a. pick up only 1.0

b. pressing facilities 1.25 per press

Factories To be designated at time

of application based on 1.0

R.E. = 225 g.p.d.

Fraternal organization

a. members only 1.0

b. members w/ rental 2.0

c. with bar 1.0 + .10 per seat

Funeral homes 2.0

Government offices 1.0 per 10 employees

Grocery store/Supermarket

party store

a. packaged only 0.1 per employee

b. meat & produce department 1.0 per 2000 sf

Hardware 0.1 per employee

Health Clubs .10 per member

a. with pool 3.5 per 1000 sf

Hospitals 1.0 per bed

Hotels/Motels .25 per bed

a. with restaurant & bar .25 per bed +

.10 per seat

b. with swimming pool,

restaurant & bar .25 per bed +

.10 per seat +

3.5 per 1000 sf of

pool surface

Industry To be determined at the

time of application based

upon 1.0 RE = 225 g.p.d.

Insurance office .01 per employee

Laundry (self service) .5 per washer

Lumber yards .1 per employee

Mobil home parks

a. per site 1.0

b. office 1.0 per unit

c. community rooms 1.0 per unit

1. with kitchen 1.5

2. if rented 2.0

Motor freight terminals 0.1 per employee

Multiple family residence 1.0 per unit

Office building 0.1 per employee

Printing shops 0.1 per employee

Public Institutions

other than hospitals 0.1 per employee

Real Estate office 0.1 per employee

Research & testing labs To be determined at the time of application based upon 1.0 RE = 225 g.p.d.

Restaurant

a. w/o bar 1.0 + .06 per seat

b. bar 1.0 + .08 per seat

c. fast food .16 per seat

Retail or wholesale sales 0.1 per employee

Rooming house (no meals) 1.0 + .10 per person

Schools

a. with cafeteria .45 per classroom

b. w/ cafeteria & .65 per classroom

showers and/or pool

Service stations

a. gas only 1.0

b. with repair 1.25

c. with car wash Refer to autowash schedule

Snack bars and Drive-ins 1.0 + .10 per seat

or stall

Stores other than those listed 0.1 per employee

Swimming pool(other than residential) 3.5 per 1000 sf of

surface

Take-out (beer & liquor)

Theaters

a. drive-in .5 per car

b. walk-in .01 per seat

Veterinarian hospital 1.5 per doctor

Warehouses 0.1 per employee

B. The table of unit factors may be modified, added to or amended from time to time by resolution of the Mason City Council.

YES (7) NO (0) MOTION CARRIED

Directory of Charges: Helbig moved, Preadmore supported that Resolution No. 2002-57 be considered read. YES (7) NO (0) During discussion, corrections were made on Page 12 as follows:

2. Other Charges

Base Sewer Connection Fee (per r.e.) $1800.00

Returned Check Charge

The section reference under Base-Sewer Connection Fee - Section 6.4 - is eliminated.

License to Perform Construction in City Right of Way: In the first line, the name of Joe Dean is deleted and replaced with the word Director.

Introduced by: Howe

Supported by: Clark

CITY COUNCIL RESOLUTION NO. 2002-57

APPROVAL OF DIRECTORY OF CHARGES

DATED: JANUARY 1, 2003

BE IT HEREBY RESOLVED by the City Council of the City of Mason that it does hereby approve the amended Directory of Charges;

BE IT FURTHER RESOLVED, that the amended Directory of Charges will become effective January 1, 2003.

VOTE: YES (7 ) NO ( 0) MOTION CARRIED

Mayoral Appointments: Preadmore moved, Naeyaert supported, that Resolution 2002-58 be considered read. YES (7) NO (0)

Introduced: Howe

Supported: Clark

CITY COUNCIL RESOLUTION NO. 2002-58

RESOLUTION OF MAYORAL APPOINTMENTS

BE IT HEREBY RESOLVED that the Mayor , with confirmation by the City Council, does hereby make the following appointments, and that each term begins January 2003 and runs through December of the year indicated by each appointee’s name:

Downtown Development Authority William Philip 2003

Russ Marlan 2006

Douglas Dancer 2006

Wayne Flood 2006

Ethics Board Patrick M. Price 2005

Ralph E. Taggart 2005

Historic District Commission Bob Ware 2005

Russ Marlan 2005

Local Officers Compensation Commission Douglas Crips 2007

Pete Curtis 2007

Planning Commission Tami Boyic 2005

Mary Lou Pax 2005

Christopher Schmidt 2005

Traffic Commission Kathy Smith 2005

Arthur Bush 2005

Frank Guerriero 2005

Tree Commission Melvin Brown 2004

VOTE: YES (7) NO (0) MOTION CARRIED

City Council Appointments: Preadmore moved, Helbig supported that Resolution No. 2002-59 be considered read. YES (7) NO (0)

Introduced: Howe

Supported: Clark

CITY COUNCIL RESOLUTION NO. 2002-59

RESOLUTION Of CITY COUNCIL APPOINTMENTS

BE IT HEREBY RESOLVED by the City Council of the City of Mason that it does hereby make the following appointments and that each term begins January 2003 and runs through December of the year indicated by each appointee’s name:

Board of Review Larry Howe 2005

Cemetery Board Melvin Brown 2005

Local Development Finance Authority Charles Dietrich 2006

Representative from Mason Schools Kelly Kloft 2006

Representative from L. C. C. K. P. Pelleran 2006

Zoning Board of Appeals Dale Harbach 2005

George Pierce (Alternate) 2004

VOTE: YES (7) NO (0) MOTION CARRIED

Mutual Aid Agreement with Meridian Township: Fire Chief Scutt discussed this proposed agreement regarding mutual aid assistance. He stated this agreement is the same as the one we have with the City of Leslie and is in the form suggested by the Michigan Municipal League. The language has been approved by City Attorney McGinty. A brief discussion ensued during which Chief Scutt and City Attorney McGinty answered questions. It was moved by Preadmore, supported by Howe, that the Mutual Aid Agreement between Meridian Township and the Mason Fire Departments be approved with the following addition: Page 4, paragraph 10., add these words to the end of this paragraph: “and during joint training exercises.”

VOTE: YES (7) NO (0) MOTION CARRIED

Amendment to Rules and Regulations - Mason Fire Department: The Council was presented with a proposed amendment to the Rules and Regulations of the Mason Fire Department which is in reference to the authority of the City Administrator as the personnel manager of all employees of the City. This amendment will bring the Fire Department in line to match the City Charter, City Code and other city policies. The Rules and Regulations of the Mason Fire Department, dated January 20, 1997 state that any amendment approved by the voting members of the Department must subsequently be approved by the City Council. A brief discussion ensued. Council Member Clark asked if he is permitted to vote on this since he has already voted on it once. City Attorney McGinty

stated that he is required to vote on it by Charter.

Preadmore moved, Howe supported, that the Council approve the Amendment to Article 11, Section 8 of the Rules and Regulations of the City of Mason Fire Department as submitted.

VOTE: YES (7) NO (0) MOTION CARRIED

Environmental Assessment Funding for Old Fire House, 447 S. Jefferson: City Administrator Colburn presented a detailed report to the Council regarding the request for appropriation of funds to pay for the environmental assessment at the old Fire Station at 447 S. Jefferson. Mayor Whipple summarized the report by stating that it was a requirement to have an environmental assessment done on this property. SME did the assessment and found contamination. The City Administrator is asking the Council to approve an expenditure of $10,700 to collect the additional data required by the State. During brief discussion, Council Member Bruno asked if the DDA originally hired SME. Administrator Colburn responded yes. Council Member Bruno asked if we had considered checking with anyone else about doing the work. Administrator Colburn stated he has not specifically asked anyone else because of SME’s knowledge on this particular project and the timing involved if it had to go to a public bidding process. Colburn stated that with his experience in dealing with environmental issues, he feels this quote is right in the ballpark. Administrator Colburn pointed out that this does not include the mitigation which may occur as a result of these assessments.

There being no further discussion, Helbig moved, Preadmore supported, that the Council appropriate $10,700 from the Contingency Fund to purchase professional environmental services from Soil and Materials Engineers, Inc., for a Phase I Environmental Site Assessment, Baseline Environmental Assessment and a Phase II Environmental Site Assessment for the old Fire Station located at 447 S. Jefferson which is city-owned property.

YES (6): Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple. NO: (1) Bruno

MOTION CARRIED

Discussion: Proposed P.A. 425 Agreement with Vevay Township: Mayor Whipple stated that the Council has an attorney-client privileged communication on this item and he will entertain a motion at the end of the agenda regarding this issue.

Unfinished Business: Naeyaert stated that she had a conversation with the City Administrator regarding an update on the traffic light at Columbia and Cedar Streets and he is going to follow up with that.

New Business: Council Member Bruno suggested that the candidates for the Council vacancy be invited to the January 6, 2003 meeting so Council Members could have a chance to meet them, ask questions, etc., before an appointment is made. Mayor Whipple asked the City Administrator to send a letter of invitation to each candidate.

Council Member Clark stated his desire to serve as Mayor Pro Tem of the Council. He highlighted his experience and outlined other qualifications. Mayor Pro Tem Helbig stated her desire to continue on as Mayor Pro Tem.

Mayor Whipple announced that on Sunday, December 15, 2002, he attended a Court of Honor for Jason Robert Myers who has earned the rank of Eagle Scout, and in honor of that accomplishment Monday, December 16, 2002 was “Jason Robert Myers Day” in the City of Mason.

Council Correspondence: Thank you notes for the fruit baskets were received from Gerri Babcock, Bob and Erma Ware, Roger Bauer, Frank and Betty Guerriero. Thank you calls were received from Mary Lou Pax and Cathy Beasley. An invitation for Mayor Whipple to attend the Gubernatorial Inauguration was received.

Liaison Report: Mayor Pro Tem Helbig attended the Planning Commission meeting held on December 10^th. She expects the final draft of the Master Plan to be ready for Council review in three-to-four months. A brief discussion ensued.

Ms. Jenny Liang, operator of the Imperial Garden restaurant entered the Council Chamber at approximately 9:15 p.m. Mayor Whipple advised her that the Council, earlier in the meeting, approved the Resolution recommending to the Liquor Control Commission that a Tavern License

be issued to Imperial Garden. Ms. Liang thanked the Council.

Administrator’s Report: Shafer Concrete Company has made a deal for a long term lease of the property on which Boichot Concrete is located and has decided to expand the business to concrete casting. Additional improvements to the property are planned.

Mozart Homes presented a final site plan to the Planning Commission on December 10, 2002. The final site plan was not in substantial conformity with the preliminary site plan. The developers are going to resubmit a new preliminary plan.

Colburn reported that we are looking at two locations for another water tower. The first site is due north of Mason Auto Body. The second site is located on the property of the City’s Howell Street Well. Cost considerations for the first site would be approximately $20,000 to $25,000 more than developing the Howell Road site. City Staff is pursuing soil boring at the Howell Road property. Colburn stated he would like to maintain the first site as a back up if the site at Howell Road does not work out. Council Member Bruno stated he is strongly in favor of the Howell Road site for many reasons, only one of which is better visibility.

People From the Floor: None

Clark moved, Preadmore supported, that the Council adjourn to executive session for the purpose of discussing a privileged, confidential attorney/client correspondence.

Roll call vote: YES (7) Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple. NO (0).

MOTION CARRIED

Mayor Whipple declared the meeting adjourned at 9:37 p.m.

____________________________ ______________________________

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