CITY OF MASON

REGULAR CITY COUNCIL MEETING

MINUTES OF DECEMBER 15, 2003

Whipple called the meeting to order at 7:35 p.m. in the Council Chambers at 201 W. Ash Street, Mason, Michigan. Clark led the Pledge of Allegiance and offered the invocation.

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

Also present: Martin Colburn, City Administrator

Kathy Revels, Finance Director

Dennis McGinty, City Attorney

Joe Dean, DPW Director

Bill Potter, City Engineer

Deborah Stein, Deputy City Clerk

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: December 1, 2003

The Regular Meeting Minutes of December 1, 2003 were approved as adjusted.

APPROVAL OF BILLS

MOTION by Naeyaert, seconded by Preadmore,

To approve the payment of bills in the amount of $303,068.83 as submitted.

MOTION APPROVED UNANIMOUSLY

PEOPLE FROM THE FLOOR

None.

REGULAR BUSINESS

Public Hearing – Street and Sidewalk Special Assessment District

Whipple opened the public hearing at 7:42 p.m.

Larry Dorow of 522 Okemos stated opposition to the installation of sidewalks on Okemos Street. He doesn’t feel they are needed and questioned why sidewalks were being considered for Okemos Street.

Whipple responded that since the mid 1970’s, a city policy has been in place to pave every street in the city with curb and gutter, drainage, and storm drainage, and install public sidewalks, where feasible.

Charles Bazzy of 520 Okemos Street questioned the narrowing of Okemos Street with the increase of traffic. He stated that the street and sidewalk policy doesn’t explain why sidewalks are necessary in his neighborhood and asked that the reasoning be further explained. He stated that it has appeared that the Council has had their mind made up since October on this issue. He invited neighbors to attend this meeting, but they too, felt that Council had already made up their minds. He is concerned about trees being taken down and asked if homeowners would be given individual consultation regarding where the sidewalks would be placed.

Whipple responded that there had been a concerted effort on the part of the leadership of the city to make it pedestrian friendly. The tenor for the city was set thirty years ago to have sidewalks on every street where it was practical, and that the homeowners would pay for half of the cost because it would benefit the value of the property. The street is wider than required by specifications. It is the Council’s belief that narrowing the street will better serve the city because it would be easier and less expensive to maintain, and it would put four feet more grass in front of every house. Johnson added that a narrower street tends to reduce the traffic speed.

Mayor Pro Tem Helbig left the meeting at 8:00 p.m.

Discussion was held on the cost of the assessments for the homeowners. Colburn informed the public that forms to apply for the state and city deferment programs were provided on the table in the chamber foyer.

narrowed Ardella Bement of 415 Okemos Street stated that if the street is going to be ~~widened~~ and the sidewalk would not be too close to her house she would be in agreement. She asked if the Oesterle property would have sidewalks installed.

Whipple responded that it must be proven that special assessment improve the property, and it is not possible to prove that for a cow pasture.

Nancy Cotter of 630 Okemos Street stated opposition to the sidewalk installation because it will be so close to her house. She also feels that they would lead to nowhere and don’t make any sense. She is concerned that the sidewalk proposed across Mr. Oesterle’s easement will be damaged from tractor and farming traffic. Ms. Cotter stated that she feels that the Council has already made their minds up to approve the special assessment.

Potter responded that the sidewalk installation for the easement area would be made to withstand the farming traffic. McGinty stated that homeowners have a vested property right to have a parking space even if it is in the right-of-way.

Bessie ~~Mapleloft~~ Mapletoft of 646 Okemos Street was too ill to attend and asked Ms. Cotter to voice opposition to the project for her.

Letters stating opposition to the project were received today from Richard and Marilyn Fox, property owners of 142/144 Okemos Street, and Jann A. Lifsey of 4215 North Smith Road regarding her mother’s property located at 415 Okemos Street.

Clark stated that part of the reasoning for narrowing Okemos Street was to extend the yards. He researched assessments for the smaller, older homes on Okemos and found that in some cases the special assessment would be one-third of the value of the home. He questioned whether the homeowners would recover the amount paid into the assessment. He questioned installing sidewalks that lead “no where.” Clark commented that he considered the cost benefit, along with the benefit to the city. He stated that the Okemos homes don’t receive full city services because they are not connected to city sewer, the property across the street is undeveloped, there is an easement that may be a problem at some time, and a lot of money is being assessed that may not be seen as a return on the investment of their home.

Whipple closed the public hearing at 8:55 p.m.

Special Assessment Resolution No. 3, Project No. 2004-1

Special Assessment Resolution No. 3, Project No. 2004-1 was introduced by Clark and seconded by Bruno.

Discussion ensued regarding the amount of an assessment being realized in the value of the home being assessed. McGinty explained that the assessor certifies that the property values on each home assessed will increase by the amount of the assessment.

CITY OF MASON

2004 STREET AND SIDEWALK SPECIAL ASSESSMENT

RESOLUTION NO. 3, PROJECT NO. 2004-1

December 15, 2003

WHEREAS, the City Council of the City of Mason, pursuant to the provisions of Section 66 of the Mason Code and the provisions of the City Charter, did on Monday, the 20th day of October, 2003, adopt a resolution tentatively approving the construction of certain street and sidewalk improvements (the AProject@, 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 15th day of December, 2003, at 7:30 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 .

NOW, THEREFORE, BE IT RESOLVED THAT:

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

NOTICE OF HEARING

CITY OF MASON

INGHAM COUNTY, MICHIGAN

NOTICE OF PUBLIC HEARING ON THE

SPECIAL ASSESSMENT ROLL FOR THE

STREET AND SIDEWALK SPECIAL ASSESSMENT PROJECT NO. 2004-1

TO THE RESIDENTS AND PROPERTY OWNERS OF THE CITY OF MASON, INGHAM COUNTY, MICHIGAN, the owners of the land described below within the Street and Sidewalk Special Assessment District 2004-1, 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 Street and Sidewalk Special Assessment District 2004-1, and are benefited by the proposed street and sidewalk project generally described as follows:

The installation of new curb and gutter, new pavement and base where needed, storm sewer and appurtenances where necessary, sanitary sewers and appurtenances, and water main and appurtenances where necessary, 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: V/L Howell (04-101-004), 740 Okemos, 730 Okemos, 712 Okemos, 710 Okemos, 660 Okemos, 654 Okemos, 646 Okemos, 630 Okemos, V/L Okemos (04-176-009), 610 Okemos, 546 Okemos, 536 Okemos, 526 Okemos, 524 Okemos, 522 Okemos, 525 Okemos, 521 Okemos, V/L Okemos (04-200-002), V/L Okemos (04-200-003), 750 Okemos, V/L Okemos (04-303-015), 415 Okemos, 411 Okemos, 387 Okemos, 363 Okemos, 361 Okemos, 359 Okemos, 341 Okemos, 339 Okemos, 520 Okemos, 432 Okemos, 309 Okemos, 305 Okemos, 293 Okemos, 161 Okemos, 153 Okemos, 149 Okemos,141 Okemos, 135 Okemos, 125 Okemos, 100 N. Jefferson, 217 Okemos, 142/144 Okemos, 126 Okemos, 108 Okemos;

The special assessment roll has been prepared for the purpose of assessing 50% of the costs of the acquisition and construction of the street and sidewalk 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 is $118,985.66.

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 2nd day of February, 2004, at 7:30 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 street and sidewalk improvement special assessment project is available at the City Clerk=s offices, City Hall, 201 West Ash Street, Mason, Michigan 48854.

Dated: December 15, 2003 ______________________________

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.

Yes: (6) Clark, Naeyaert, Preadmore, Johnson, Bruno, Whipple

No: (0)

Absent: (1) Helbig

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-66 Mayoral Appointments to City Boards and Commissions

Resolution No. 2003-66 was introduced by Clark and seconded by Bruno.

A brief discussion was held regarding the Building Code
Board of Appeals Appointee’s infrequent attendance as a Planning Commission member. However, he has perfect attendance with the Building Code Board of Appeals. Penny Vongdara, a Mason resident for three months, was being recommended to serve on the Planning Commission. Concern was raised that long time resident, Shirley Richards, applied to serve on the Planning Commission. Whipple stated that he spoke with Ms. Richards and they both agreed that appointing someone young and new to the community would represent a demographic that is currently not represented on any board or commission.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-66

MAYORAL BOARD AND COMMISSION APPOINTMENTS

December 15, 2003

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 1, 2004 through December 31^st of the year indicated:

Building Code Board of Appeals Christopher Schmidt 2006

Downtown Development Authority William Philip 2007

Jeff Taylor 2007

Ethics Board Mark Rigg 2006

Historic District Commission Mark Cummings 2006

Jeff Taylor 2006

Dave Hyndman 2006

Planning Commission Barbara Tornholm 2006

Jim Mulvany 2006

Penny Vongdara 2006

Traffic Commission Leon Clark 2004

(City Council Liaison)

Phil Birdsall 2005

(filling an unexpired term)

Larry Briggs 2005

(filling an unexpired term)

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-67 City Council Appointments to City Boards and Commissions

Resolution No. 2003-67 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-67

CITY COUNCIL BOARD AND COMMISSION APPOINTMENTS

December 15, 2003

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 2004 through December 31^st of the year indicated.

Board of Review Sharon Davis 2006

Cemetery Board Richard Ferris 2006

Cable Communications Commission Randy Gladstone 2006

Phil Birdsall 2006

Markham Farrell 2006

Local Development Finance Authority Robert Harter 2007

Water and Sewer Rate Study Committee Jeff Shattuck 2006

Shirley Richards 2006

Penny Vongdora 2006

Zoning Board of Appeals Jon Jenkins 2006

Scott Shattuck 2006

Shirley Richards 2006

(Alternate)

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-68 City Council Appointment to the Planning Commission

Resolution No. 2003-68 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-68

MAYOR PRO TEM APPOINTMENT TO PLANNING COMMISSION

December 15, 2003

WHEREAS, it is in the best interests of the City that the efforts of the City Council and the Planning Commission be coordinated in the conduct of their respective duties; and

WHEREAS, the appointment of a member of the City Council to the Planning Commission will provide the conduit for communication that will enable coordination of said efforts; and

WHEREAS, Section 3 of the Municipal Planning Act, 1931 PA 285; MCL 125.33, and Section 50.33 of the Mason City Code authorize the appointment of a member of the City Council to serve as a member of the Mason Planning Commission for a term concurrent with the term of the council member; and

WHEREAS, Public Act 285 requires that the appointment of a City Council member to the Planning Commission shall be by resolution of the City Council;

NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby select the Mayor Pro Tem as a member of the Planning Commission with identical rights and responsibilities as assigned to the appointed members of the Planning Commission; and

BE IT FURTHER RESOLVED, that the term of the Mayor Pro Tem as a member of the Planning Commission shall be the same as the term served as Mayor Pro Tem.

BE IT FINALLY RESOLVED, that the effective date for the term is January 1, 2004.

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-69 Voluntarily Accepting Properties Petitioned for Annexation

Resolution No. 2003-69 was introduced by Bruno and seconded by Clark.

CITY OF MASON

MASON CITY COUNCIL RESOLUTION NO. 2003-69

VOLUNTARILY ACCEPTING PROPERTIES PETITIONED

FOR ANNEXATION

December 15, 2003

WHEREAS, a petition for annexation of 25 acres of territory from the Township of Vevay to the City of Mason was submitted by Coe Emens, II and Jeanne A. Emens to the Michigan State Boundary Commission; and

WHEREAS, approximately 2 acres of property owned by John L. Palmer and Susan L. Donald are included in the petition due to the need to maintain uniform and straight boundaries and to avoid the creation of an island; and

WHEREAS, it has been requested by the petitioners that this annexation consisting of approximately 25 total acres be accepted by the city as a voluntary request for annexation; and

WHEREAS, the city can accommodate the proposed area=s need for municipal services and has adequate capacity with its existing water treatment and water transmission lines, waste water treatment plant and sewer transmission lines, police, fire, and other city services; and

WHEREAS, this annexation is consistent and in accordance to the settlement agreement (Case No. 97-85216-CK), between Vevay Township and the City of Mason; and

WHEREAS, this area is included within the City=s Comprehensive Development Plan for residential development;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mason is willing to accept annexation of the properties voluntarily petitioned for annexation and is prepared to serve the area with full city services.

BE IT FURTHER RESOLVED, that this resolution be presented to the Michigan State Boundary Commission at the public hearing to be held on January 8, 2004, at 4:00 p.m. at Mason City Hall, 201 W. Ash Street, Mason, Michigan.

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-70 Resolution to Transfer Water & Sewer Restricted Funds

Resolution No. 2003-70 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-70

RESOLUTION TO TRANSFER WATER & SEWER RESTRICTED FUNDS

December 15, 2003

WHEREAS, pursuant to Resolution 97-28, adopted by the City Council on June 16, 1997, the City Council determined to transfer certain funds from the City’s Water and Sewer Fund - Fund Balance Account to an account entitled “Reserve for Special Purposes - P.O.T.W. Expansion,” Account Number 592-000-00-389-000 (the “Reserve Account”); and

WHEREAS, the Reserve Account was restricted by the City Council through Resolution 97-28 so that funds within the Reserve Account could only be used by the City “for the future expansion of the Publicly Owned Treatment Works of the City of Mason”; and

WHEREAS, the Reserve Account presently has a balance of approximately $4,133,389.84; and

WHEREAS, in 1997, the City Council anticipated that the funds within the Reserve Account would be needed in the near future to pay costs related to the expansion of the City’s Publicly Owned Treatment Works; and

WHEREAS, the anticipated need for expansion of the City’s Publicly Owned Treatment Works has, to date, not materialized to the extent that it would require the use of the entire balance contained within the Reserve Account for that purpose in the near future; and

WHEREAS, the City presently intends to undertake certain improvements to its Water Supply and Sewage Disposal System, which improvements could be acquired and constructed using funds on hand with the City, such as funds in the Reserve Account, rather than issuing bonds of the City to finance those improvements; and

WHEREAS, some of the proposed improvements to the City’s Water Supply and Sewage Disposal System are related to the expansion of the City’s Publicly Owned Treatment Works; and

WHEREAS, the City Council now desires to transfer $2,000,000 from the Reserve Account to the City’s Water and Sewer Fund - Unrestricted Fund Balance Account, and to remove from those funds the restriction found in Resolution 97-28 that they only be used “for the future expansion of the Publicly Owned Treatment Works of the City of Mason.”

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council hereby authorizes the City’s Finance Director/Treasurer, or a designee thereof, to transfer $2,000,000 from the Reserve Account to the City’s Water and Sewer Fund - Unrestricted Fund Balance Account.

2. With respect to the $2,000,000 transferred from the Reserve Account pursuant to Section 1, above, the City Council hereby removes the restriction found in Resolution 97-28 that such funds only be used “for the future expansion of the Publicly Owned Treatment Works of the City of Mason.” Instead, such funds shall be used for improvements to the City’s Water Supply and Sewage Disposal System.

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

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-71 Requirements for Reimbursement of Water & Sewer Restricted Funds

Resolution No. 2003-71 was introduced by Bruno and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-71

REQUIREMENTS FOR REIMBURSEMENT

OF WATER & SEWER RESTRICTED FUNDS

December 15, 2003

WHEREAS, pursuant to Resolution No. 2003-70 adopted by the City Council on December 15, 2003, the City Council determined to transfer $2,000,000 from the City’s account entitled “Reserve for Special Purposes - P.O.T.W. Expansion,” Account Number 592-000-00-389-000 (the “Reserve Account”) to the City’s Water and Sewer Fund - Unrestricted Fund Balance Account; and

WHEREAS, pursuant to that same resolution, the City Council determined to remove the restriction found in Resolution 97-28 that the $2,000,000 in funds transferred from the Reserve Account only be used “for the future expansion of the Publicly Owned Treatment Works of the City of Mason.” Instead, such funds shall now be used for improvements to the City’s Water Supply and Sewage Disposal System; and

WHEREAS, the City Council now desires to provide a mechanism by which the $2,000,000 transferred from the Reserve Account shall be repaid to the Reserve Account.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council hereby determines that the $2,000,000 transferred from the Reserve Account shall be repaid to the Reserve Account, with interest, by no later than December 31, 2010, using available operating funds/revenues from the City’s Water Supply and Sewage Disposal System. Such funds shall be repaid to the Reserve Account in seven (7) annual installments paid on or before December 31 of each year, beginning December 2004, with interest on the unpaid principal balance at the rate of 3.0% per annum, based upon a 360-day year, 30-day month.

2. The City’s Finance Director/Treasurer, or a designee thereof, is hereby authorized to take all necessary and reasonable actions to implement and fulfill the terms and requirements of this resolution.

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

RESOLUTION APPROVED UNANIMOUSLY

Resolution No. 2003-72 Resolution to Accept the Recommendation from the Planning Commission Not to Rezone the Property Along the Curve on South Cedar Street Formerly Part of the Vision Condominiums

Resolution No. 2003-72 was introduced by Bruno and seconded by Clark.

Johnson informed the Council that a purchase offer was contingent upon this rezoning. The prospective purchaser’s intended use was to install a coin car wash and oil change place and self serve mini storage on the two-acre site. It was indicated that there was support of the owners of the adjacent condominium development and none from the residents of the condominium development. The current Land Use Map indicates this is a medium density residential area with a site plan approved for a car wash and oil change at the north end of the Sunoco property. It was felt that it should remain residential or that a buffer use would be established between residential and highway commercial. The site directly beside this proposed site already has approval for a car wash and oil change, and is zoned highway commercial. The Planning Commission discussed that a change in zoning could result in any use acceptable for highway commercial zoning.

CITY OF MASON

CITY COUNCIL RESOLUTION 2003-72

A RESOLUTION TO ACCEPT THE RECOMMENDATION FROM THE

PLANNING COMMISSION NOT TO REZONE THE

PROPERTY ALONG THE CURVE ON SOUTH CEDAR STREET

FORMERLY PART OF THE VISION VILLAGE CONDOMINIUMS

December 15, 2003

WHEREAS, a request has been received from Jedi LLC to rezone a parcel of land on the west side of South Cedar Street along the curve approximately 400 feet north of Kipp Road, formerly the eastern portion of Vision Village Condominiums; and

WHEREAS, the parcel consists of 1.95 acres of land and is currently zoned RS-3 / Single Family Residential; and

WHEREAS, the request is to rezone the property to C-2 / Highway Commercial; and

WHEREAS, the Planning Commission did notice and conduct a public hearing on the request at its regular meeting held December 9, 2003, with testimony received and public comment solicited; and

WHEREAS, the Planning Commission voted 9 - 0 to recommend to City Council that the property not be rezoned based on a review of Section 94-396 and the following Findings of Fact:

$ that the request is inconsistent with and not supported by the current Future Land Use Map

$ that the resulting land use would not be in harmony with the existing residential character, and that the commercial encroachment would negatively affect the quality of life in the area

$ that no errors were found or any changed conditions identified that would warrant the change in zoning;

THEREFORE BE IT RESOLVED that the Mason City Council does hereby accept the Planning Commission=s recommendation that the property not be rezoned.

RESOLUTION APPROVED UNANIMOUSLY

Motion – Directory of Charges Update

MOTION by Johnson, seconded by Naeyaert,

To approve the proposed changes to the Directory of Charges effective January 1, 2004 except where otherwise noted in the directory, which include the rent for the community room at City Hall for $45 a day.

MOTION APPROVED UNANIMOUSLY

Report – Local Officer’s Compensation Commission

The Local Officer’s Compensation Commission did not recommend a change in compensation for the elected officials at this time.

Discussion – Proposed Ordinance Code Revisions

Whipple presented six proposed Mason Code revisions. It was discussed that an ordinance amendment would be on the next agenda.

UNFINISHED BUSINESS

MOTION APPROVED UNANIMOUSLY

Being there was no further business, the meeting adjourned at 10:23 p.m.