CITY OF MASON

REGULAR CITY COUNCIL MEETING

MINUTES OF SEPTEMBER 2, 2003

Whipple called the meeting to order at 7:30 p.m. in the Council Chambers at 201 W. Ash Street, Mason, Michigan. Preadmore led in the Pledge of Allegiance and offered the invocation.

Present: Councilmembers: Clark, Naeyaert, Preadmore, Johnson, Bruno, Whipple

Absent: Councilmembers: Helbig

Also present: Martin Colburn, City Administrator

Joe Dean, DPW Director

Bill Potter, City Engineer

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: August 18, 2003

The Regular Meeting Minutes of August 18, 2003 were approved as submitted.

APPROVAL OF BILLS

MOTION by Preadmore, seconded by Naeyaert

To approve the payment of bills in the amount of $189,919.58 as submitted.

MOTION APPROVED UNANIMOUSLY

PEOPLE FROM THE FLOOR

None.

REGULAR BUSINESS

City Council Resolution No. 2003-52 Master Plan Approval

City Council Resolution No. 2003-52 was introduced by Clark and seconded by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION 2003-52

A RESOLUTION TO AFFIRM APPROVAL AUTHORITY FOR THE MASTER PLAN

SEPTEMBER 2, 2003

WHEREAS, the Mason City Council desires to exercise its authority under the Municipal Planning Act, P.A. 285 of 1931 as amended, to grant approval of the Master Plan drafted by the Planning Commission;

THEREFORE BE IT RESOLVED that the Mason City Council does hereby assert its right to approve the Master Plan.

RESOLUTION APPROVED UNANIMOUSLY

Resolution No, 2003-53 Industrial Facilities Exemption Certificate for Efficiency Production Inc.

Resolution No, 2003-53 was introduced by Johnson and seconded by Preadmore.

MOTION by Bruno, seconded by Clark,

To amend Resolution No. 2003-53 by striking 10 years and inserting 3 years.

ROLL CALL VOTE: Yes: (3) Clark, Bruno, Whipple

No: (3) Naeyaert, Preadmore, Johnson,

Absent: (1) Helbig

MOTION FAILED

MOTION by Johnson, seconded by Naeyaert

To amend Resolution No. 2003-53 by striking 10 years and inserting 5 years.

ROLL CALL VOTE: Yes: (4) Naeyaert, Johnson, Preadmore, Whipple

No: (2) Bruno, Clark

Absent: (1) Helbig

MOTION APPROVED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-53

APPROVAL OF APPLICATION FOR

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE AND

INDUSTRIAL FACILITIES EXEMPTION AGREEMENT

WITH EFFICIENCY PRODUCTION, INC.

September 2, 2003

WHEREAS, the State of Michigan has enacted 1974 PA 198 allowing industrial property owners property tax abatement under certain conditions; and

WHEREAS, Efficiency Production, Inc. (AEPI@) has submitted an application to the City for tax abatement pursuant to Act 198, whereby property taxes would be abated or reduced on new industrial facilities to be acquired by the applicant consisting of machinery, equipment, and fixtures of approximately $174,325 as set forth in the applicant=s application to the City Administrator dated June 23, 2003; and

WHEREAS, the City Council has adopted Council Resolution No. 92-37, after a public hearing on July 6, 1992, duly noticed by publication, to establish Industrial Development District No. 3 pursuant to Act 198 to encompass the land and territory within which the Applicant proposes to acquire and maintain the building, land improvements, machinery and equipment to be acquired by the Applicant; and

WHEREAS, the description of said property is:

A parcel of land in the SW 1/4 of the NW 1/4 of Section 16, T2N, R1W, Vevay Township, Ingham County, Michigan described as follows: Commencing at the W 1/4 Cor of said Section 16; thence S89N53'41"E along the EW 1/4 line of said Section 16 a distance of 1165.25 ft to the POB of this description; thence continuing S89N53'41"E along said 1/4 line 758.51 ft to an iron found at the W=ly r.o.w. line of the Conrail RR; thence N07N08'4"W along said r.o.w. line 498.70 ft (record 498.67 ft) to a found iron; thence continuing along said r.o.w. line 157.14 ft on the arc of a curve to the left with a radius of 2861.25 ft, a central angle of 003N08'48" and a chord which bears N08N41'01"W 157.12 ft; thence N89N53'41"W 673.73 ft; thence S00N04'38"E 798.82 ft to the r.o.w. line of a drive; thence SE=LY 147.39 ft along the arc of a curve to the left with a radius of 75 ft, a central angle of 112N35'47", and a chord which bears S00N04'38"E 124.79 ft; thence S00N04'38"E 445.39 ft to the POB; containing 10.63 acres more or less.

WHEREAS, EPI wishes to install new metal fabricating fixtures and equipment to their facility on the property legally described above; the value of said personal property to be approximately $174,325; and

WHEREAS, EPI seeks an Industrial Facilities Exemption Certificate on the personal property for a term of five (5) years, as described in its Application, dated June 5, 2003, 2001; and

WHEREAS, the City Council met in public hearing on August 18, 2003, as heretofore resolved and noticed, for the purpose of considering approval of said application; and

WHEREAS, the City Council has afforded the applicant, the public, the Assessor, and all of the affected taxing units notice and an opportunity for all persons desiring to be heard, either orally or in writing, with respect to the approval of an Industrial Facilities Exemption Certificate for the applicant; and

WHEREAS, the granting of an Industrial Facilities Exemption Certificate to EPI will not substantially impede the operations or financial soundness of the City of Mason; and

WHEREAS, the City Council has received and considered a proposed written agreement as required by Section 22 of Act 198 to be entered into between the City and EPI containing the requirements for approval and the terms and conditions under which the Industrial Exemption Facilities Agreement shall be issued and retained;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mason finds and determines that the granting of the EPI Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under 1974 PA 198, shall not have the effect of substantially impeding the operation of the City of Mason, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Mason; and

BE IT HEREBY RESOLVED, that the application of EPI for an Industrial Facilities Exemption Certificate for personal property

improvements is hereby approved for a period of five (5) years; and

RESOLVED FURTHER, the City of Mason and EPI shall enter into the written Agreement containing the requirement for approval and issuance of the Industrial Facilities Exemption Certificate and allowing for the revocation of the Certificate if conditions imposed by the City of Mason are not met.

RESOLUTION APPROVED UNANIMOUSLY

Resolution No, 2003-54 Acceptance of Bond and Holt Sreets

Resolution No, 2003-54 was introduced by Johnson and seconded by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-54

Acceptance of Bond Street and Holt Street from Mason Public School

District and providing a Permanent Nonexclusive Easement

September 2, 2003

WHEREAS, the Mason Public School District Board has presented a QUIT CLAIM DEED described as a portion of Holt Street and Bond Street; and

WHEREAS, adding these portions of Holt Street and Bond Street, placing them under the jurisdiction of the City of Mason, and dedicating them as public rights-of-way is in the best interest of both parties; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street 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. A portion of Holt Street and Bond Street, a part of the Southwest 1/4 of Section 9, T2N, R1W, City of Mason, Ingham County, Michigan, described as beginning at the Southeast Corner of Lot 8, Fox=s Replat of Block 3 and Part of Block 4 Pratts Addition as recorded in Liber 32 of Plats, Pages 31-33 Ingham County Records; thence N89E 55'12"E 66.02 feet along the South line of said Fox=s Replat to the Southwest Corner of Lot 9 of said Fox=s Replat; thence S01E23'48"E 146.40 feet along the Southerly extension of Holt Street in said Fox=s Replat; thence N89E49'29"W 261.89 feet along the North line of lands owned by Jeffery and Elaine Angstman and its Easterly extension; thence N30E56'11"W 75.85 feet along the East line of Barnes Street; thence N89E55'12 AE 232.57 feet parallel with the South line of said Fox=s Replat; thence N01E12'48"W 80.11 feet to the point of beginning as set forth in the map attached as Exhibit A.

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

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

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

5. The City grants a Permanent Nonexclusive Easement to the Mason Public School District, for the purpose of vehicle and/or pedestrian access.

RESOLUTION APPROVED UNANIMOUSLY

Resolution No, 2003-55 City Council Appointment

Resolution No, 2003-55 was introduced by Johnson and seconded by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-55

CITY COUNCIL APPOINTMENT

September 2, 2003

BE IT HEREBY RESOLVED by the City Council of the City of Mason that it does hereby make the following appointment and that the term will begin September 2, 2003 through December, 2005.

Cable Commission Marilyn Ann Beat-Gripp 2005

RESOLUTION APPROVED UNANIMOUSLY

Discussion – 2004 Street Program

Discussion was held regarding the reconstruction and estimates for Okemos Street. Dean stated that it has been discussed to narrow the width of the street. Potter indicated that the cost estimate covers 44’ of Okemos Street, from the city limits to Columbia Street. Bruno commented that he talked with Pat Hayhoe to get a comparative cost estimate and to ask him if he would be willing to talk with the city. Bruno would like to see the street 36’ wide with a parkway, trees, and completed within one year. Potter indicated that the current proposal offers three traffic lanes and bike lanes. He stated that Okemos Street is the main entrance to the city and 50 years from now it is likely that the traffic capacity will warrant a left turn lane. Discussion ensued. Whipple indicated that Aggregate has been very good to the city with negotiations and their bid has always been the lowest. Council directed staff to plan reconstruction of Okemos Street at 36’ wide for the 2004 Street Program.

Environmental Assessment Change Order for 447 S. Jefferson

A change order request has been submitted for the Soil and Materials Engineers, Inc. (SME) contract for professional services to conduct environmental testing at 447 South Jefferson Street. Discussion ensued regarding the increasing cost of the environmental assessment.

MOTION by Preadmore, seconded by Johnson,

To approve the change order with the SME contract for professional services to conduct environmental testing at 447 S. Jefferson, not to exceed $17,300

ROLL CALL VOTE: Yes: (3) Preadmore, Johnson, Whipple

No: (3) Bruno, Clark, Naeyaert

Absent: (1) Helbig

MOTION FAILED

Whipple asked those councilmembers who voted “no” to comment. Bruno commented that he objected to the selection of the company from the beginning. Naeyaert stated concern that the costs had doubled from what was originally discussed. Whipple stated that there is not a choice whether this is done; the State of Michigan is telling the city that monitoring wells have to be installed.

MOTION by Naeyaert, seconded by Preadmore,

To reconsider the council action regarding approval for the change order to the SME contract for the environmental assessment at 447 S. Jefferson.

ROLL CALL VOTE: Yes: (4) Johnson, Naeyaert, Preadmore, Whipple

No: (2) Bruno, Clark

Absent: (1) Helbig

MOTION APPROVED

MOTION by Preadmore, seconded by Johnson,

To approve the change order with the SME contract for professional services to conduct environmental testing at 447 S. Jefferson, not to exceed $17,300

ROLL CALL VOTE: Yes: (4) Naeyaert, Preadmore, Johnson, Whipple

No: (2) Bruno, Clark

Absent: (1) Helbig

MOTION APPROVED

Bid – Air Compressor

The Department of Public Works (DPW) let bids for an air compressor. It is recommended to accept the Hammersmith Equipment bid for $13,000. Hammersmith Equipment is also willing to accept the old compressor for a trade in value of $3,800. Hose reels and a water separator need to be purchased and installed for the new compressor at a cost of $1,050.

MOTION by Preadmore, seconded by Johnson,

To award the $13,000 bid to Hammersmith Equipment for the air compressor, to purchase two hose reels and a water separator for an additional $1,050, and the trade-in of the current air compressor for a value of $3,800. The total expenditure for the Sullair 260 air compressor is approved for $10,250.

Discussion was held to keep the old compressor for a back-up.

MOTION by Bruno, seconded by Johnson,

To amend the motion to award the$13,000 bid to Hammersmith Equipment for the air compressor, the purchase of two hose reels and a water separator for an additional $1,050, and to keep the current air compressor. The total expenditure for the Sullair 250 air compressor is approved for $14,250.

It was discussed whether the DPW Supervisor considered keeping the compressor versus trading it in.

MOTION by Bruno, seconded by Johnson,

To defer the purchase of the air compressor until the next meeting to allow the Public Works Director and the Public Works Superintendent to determine whether it would be more beneficial to keep the old air compressor or trade it in.

MOTION APPROVED UNANIMOUSLY

Request – Soap Box Derby

The Cub Scouts Pack 736 submitted a request to close Maple Street to allow a soap box derby to be held.

MOTION by Bruno, seconded by Clark,

To grant the request of Cub Scout Pack 736 to use Maple Street between Rogers and Steele Streets on September 27, 2003 from 1:00 to 3:00 p.m. for a soap box derby.

MOTION APPROVED UNANIMOUSLY

UNFINISHED BUSINESS

None.

NEW BUSINESS

Clark requested to have the Traffic Commission consider two-hour parking on Oak Street between Park and Barnes Streets, and to limit parking to one side of the street on Oak Street between Park and Jefferson Streets. Further discussion ensued regarding the future plans for angle parking on Oak Street between Jefferson and Park Streets.

COUNCIL CORRESPONDENCE

· Dennis Anderson

· All other correspondence distributed.

LIAISON REPORTS

DDA

· Next meeting - Thursday, September 4, 2003

Planning Commission

· Next meeting – Tuesday, September 9, 2003.

ADMINISTRATOR=S REPORT

· A resident picked up a bottle Monday at Steele Elementary School and it exploded. The resident received minor injuries. An investigation is being conducted.

· Colburn investigated the ceiling at the library during a recent rain fall. It was his finding that the ceiling is marked by past water stains. The treads will be replaced to the ramp by Mason Cares volunteers on Patriot’s Day, September 11, 2003.

PEOPLE FROM THE FLOOR

None.

ADJOURNMENT

There being no further business, the meeting adjourned at 8:45 P.M.

_____________________________ __________________________

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