CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

January 6, 2003

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 Colburn, City Administrator

Kathy Revels, Finance Director/Treasurer

Dennis McGinty, City Attorney

Deborah Stein, Deputy Clerk

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

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: December 16, 2002

It was discussed to amend the Minutes of December 16, 2002.

Motion by Howe, supported by Preadmore,

To approve the December 16, 2002 Minutes, amended as follows: Page 1, under Regular Business, Public Hearing, line six, insert sentence to read; It was stated that sidewalks were not installed due to lack of money in the city budget.

VOTE: Yes (7) Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple

No (0)

MOTION CARRIED

APPROVAL OF BILLS

Motion by Howe, supported by Helbig,

To approve the payment of the bills in the amount of $112,747.92 as submitted.

VOTE: Yes (7) Bruno, Clark, Helbig, Howe, Naeyaert, Preadmore, Whipple

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

· None

UNFINISHED BUSINESS

· None

At this time Mayor Whipple presented retiring Council Member Gary Howe with a plaque recognizing his service and contribution to the community. Mr. Howe expressed appreciation for the gift of acknowledgment and thanked the citizens of Mason for electing him and allowing him to serve the community. He reflected on significant changes and accomplishments of the community that occurred during his years on the city council. He commented on the municipal complex and fire station, a plan for future municipal growth with acquired adjacent properties, and street improvements. He feels that the reason current residential growth and new employers become established in the City of Mason is because of city services, the public school system, and the caring community attitude. He thanked the city staff as a whole for their assistance and commitment. He stated that Mason has the lowest municipal tax rate in the region while continuing to efficiently provide services. He expressed that he has been very proud to work for the citizens of Mason.

ADJOURN SINE DIE

Mayor Whipple declared the 2002 Mason City Council adjourn sine die at 7:48 and turned the gavel over to Administrator Colburn.

OATH OF OFFICE

Administrator Colburn administered the oath of office to Robin Naeyaert and Leslie W. Bruno, Jr.

APPOINTMENT TO COUNCIL ELECTION OF OFFICERS

Council Elect Presiding Officer

Council Member Preadmore nominated the former Presiding Officer Russell Whipple.

PRECEDING BY ACCLAMATION

Declare Four Year Seat of Tim Soule Vacant

Motion by Preadmore, supported by Naeyaert,

To declare the seat of Council Member Tim Soule vacant.

VOTE: Yes (6) Bruno, Clark, Helbig, Naeyaert, Preadmore, Whipple

No (0)

MOTION CARRIED

Determine Process for Selection of Appointee to Vacated Seat

Discussion was held to select a name for the appointment resolution following the proposal submitted by Presiding Officer Whipple. Each council member may nominate one candidate. As roll is called, council members state a name for nomination. The candidate with the majority of four votes or more will be named in the resolution. If there is not a majority vote, the candidate with the lowest number of votes will be removed from the list of nominees and the process will be repeated until a nominated candidate receives a majority of the roll call vote.

Motion by Bruno, supported by Helbig,

To use the proposed process on selecting a name for the appointment resolution for the vacant council seat.

VOTE: Yes (6) Bruno, Clark, Helbig, Naeyaert, Preadmore, Whipple

No (0)

MOTION CARRIED

Allow Candidates Four Minutes to Introduce Themselves to Council

The present candidates were each given four minutes to introduce themselves and respond to any questions of council members. Presiding Officer Whipple indicated that candidate Russ Marlan was unable to be present. Those who addressed council were John Kingman, Rhett Ried, Daniel J. Schlattman, Scott Shattuck, Michael Thompson, and Neal Johnson.

Presiding Officer Whipple opened the nominations for the vacant council seat.

Council Member Bruno nominated Michael Thompson for a four-year appointment to the City Council.

Council Member Clark nominated Neal Johnson for a four-year appointment to the City Council.

Council Member Preadmore nominated Scott Shattuck for a four-year appointment to the City Council.

Presiding Officer Whipple declared the nominations closed. Discussion ensued.

VOTE: Michael Thompson: (1) Bruno

Neal Johnson: (3) Helbig, Naeyaert, Clark,

Scott Shattuck: (2) Preadmore, Whipple

SELECTION FAILS DUE TO LACK OF MAJORITY

Michael Thompson’s name was removed from the nominations. Discussion followed and the vote was taken again.

VOTE: Neal Johnson: (5) Preadmore, Naeyaert, Clark, Helbig, Bruno

Scott Shattuck: (1) Whipple

NEAL JOHNSON SELECTED

Resolution No. 2003-01 - Appointments to Fill Council Vacancy

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-01

APPOINTMENT TO FILL COUNCIL VACANCY

January 6, 2003

WHEREAS, the City Council of the City of Mason, by motion of this date, and in accordance with Section 5.2 of the Mason City Charter, declared the four- year seat of Timothy Soule vacant; and,

WHEREAS, seven residents of the City of Mason submitted letters of interest and did appear before the City Council;

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council, in accordance with Section 5.5 of the City Charter, does hereby appoint Neal Johnson to the position of City Council Member, for a four-year term commencing January 6, 2003.

YES (6) Council Members: Bruno, Clark, Helbig, Naeyaert, Preadmore, Whipple

NO (0)

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Mason City Council at its regular meeting on January 6, 2003, the original of which is part of the Council’s minutes.

______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Oath of Office

Administrator Colburn administered the Oath of Office to Neal Johnson. Presiding Officer Whipple turned the gavel over to Administrator Colburn to conduct officer election of the council.

Election of Mayor

Administrator Colburn opened the floor for nominations for Mayor. Council Member Naeyaert nominated Russell Whipple for Mayor. There being no other nominations for Mayor, Administrator Colburn closed the nominations.

VOTE BY ACCLAMATION:

Yes (7) Preadmore, Clark, Naeyaert, Helbig, Bruno, Whipple, Johnson

No (0)

RUSSELL WHIPPLE ELECTED MAYOR

Administrator Colburn turned the gavel over the Mayor Whipple. Mayor Whipple opened the nominations for Mayor Pro Tem. Council Member Bruno nominated Leon Clark for Mayor Pro Tem. Council Member Preadmore nominated Christine Helbig for Mayor Pro Tem. There being no other nominations for Mayor Pro Tem, Mayor Whipple closed the nominations.

VOTE BY ACCLAMATION:

Leon Clark: (3) Clark, Johnson, Bruno

Christine Helbig: (4) Naeyaert, Preadmore, Helbig, Whipple

CHRISTINE HELBIG ELECTED MAYOR PRO TEM

REGULAR BUSINESS

Resolution No. 2003-02 - City Council & Planning Commission Meeting Dates

Resolution No. 2003-02 was introduced by Bruno and supported by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-02

ESTABLISHMENT OF CITY COUNCIL AND PLANNING COMMISSION

MEETING DATES FOR THE YEAR 2003

January 6, 2003

BE IT HEREBY RESOLVED by the City Council of the City of Mason that the following are the dates of the regular City Council meetings for the calendar year 2003, and that said meetings are to be held on the first and third Mondays of each month, with one holiday exception scheduled as a *Tuesday meeting:

January 6 and 20 July 7 and 21

February 3 and 17 August 4 and 18

March 3 and 17 September *2 and 15

April 7 and 21 October 6 and 20

May 5 and 19 November 3 and 17

June 2 and 16 December 1 and 15

BE IT FURTHER RESOLVED, that the following are the dates of the regular Planning Commission meetings for the calendar year 2003, and that said meetings are to be held monthly on the second Tuesday after the first Monday, with one holiday exception scheduled as a *Monday meeting:

January 14 April 15 July 15 October 14

February 11 May 13 August 12 November *10

March 11 June 10 September 9 December 9

RESOLVED FURTHER, that these meetings will be held in the City Council Chamber, City Hall, 201 West Ash Street, Mason, Michigan, with the City Council meetings commencing at 7:30 p.m. and the Planning Commission meetings commencing at 6:30 p.m.; and

BE IT FINALLY RESOLVED that the City Clerk shall cause these dates to be published in a local newspaper.

YES (7) Bruno, Clark, Helbig, Johnson, Naeyaert, Preadmore, Whipple

NO (0)

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Mason City Council at its regular meeting on January 6, 2003, the original of which is part of the Council’s minutes. ______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Resolution No. 2003-03 Correction to Special Assessment Roll 2002-01

Resolution No. 2003-03 was introduced by Naeyaert and supported by Preadmore.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-03

CORRECTION TO SIDEWALK SPECIAL ASSESSMENT ROLL, PROJECT 2002-01

JANUARY 6, 2003

WHEREAS, the City Council of the City of Mason did confirm the Sidewalk Special Assessment Roll, Project 2002-01 (the assessment roll), on February 18, 2002; and

WHEREAS, Brett Richards, owner of 201 Devon Hill, property number 33-19-10-04-301-010, was assessed for 64 feet of new sidewalk at a cost of $415.19 for sidewalk installation on the assessment roll; and

WHEREAS, Michael & Jacqueline Johnson, owners of 467 N Barnes, property number 33-19-10-04-301-023 were assessed for 45.5 feet of new sidewalk and 122 square feet for a drive approach at a cost of $530.43 on the assessment roll; and

WHEREAS, the actual front foot measurement of sidewalk installed at 201 Devon Hill was 50.5 and the actual front foot measurement of sidewalk installed at 467 N Barnes was 23.5; and

WHEREAS, the actual amount of sidewalk that should be assessed at 201 Devon Hill is 50.5 feet at a cost to Brett Richards of $328.52 and the actual amount of sidewalk that should be assessed at 467 N Barnes is 23.5 feet at a cost to Michael & Jacqueline Johnson of $390.44; and

WHEREAS, the total of the assessment roll was $49,572.49;

NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby amend the assessment roll to reduce Brett Richards special assessment from $415.19 to 328.52, and to reduce Michael & Jacqueline Johnson’s special assessment from $530.43 to $390.44, and to reduce the total assessment roll to $49,345.81; and

FURTHER, the Finance Director/Treasurer is hereby directed to make the proper adjustments and/or any refunds due to Brett Richards and/or Michael & Jacqueline Johnson.

YES (7) Bruno, Clark, Helbig, Johnson, Naeyaert, Preadmore,

NO (0)

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its regular meeting held Monday, January 6, 2003, the original of which is part of the Council’s minutes.

_______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Resolution No. 2003-04 Correction to Special Assessment Roll 2002-02

Resolution No. 2003-04 was introduced by Preadmore and supported by Helbig.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-04

CORRECTION TO SIDEWALK SPECIAL ASSESSMENT ROLL, PROJECT 2002-02

JANUARY 6, 2003

WHEREAS, the City Council of the City of Mason did confirm the Sidewalk Special Assessment Roll, Project 2002-02 (the assessment roll), on February 18, 2002; and

WHEREAS, Gary Spiekerman, owner of 731 S Lansing, property number 33-19-10-08-284-004, was assessed for 127 feet of new sidewalk at a cost of $815.34 for sidewalk installation on the assessment roll; and

WHEREAS, the actual front foot measurement of sidewalk installed at 731 S Lansing was 56.0; and

WHEREAS, the actual amount of sidewalk that should be assessed at 731 S Lansing is 56.0 feet at a cost to Gary Spiekerman of $359.52; and

WHEREAS, the total of the assessment roll was $14,182.02;

NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby amend the assessment roll to reduce Gary Spiekerman’s special assessment from $815.34 to $359.52, and to reduce the total assessment roll to $13,822.50; and

FURTHER, the Finance Director/Treasurer is hereby directed to make the proper adjustments and/or any refunds due to Gary Spiekerman.

YES (7) Bruno, Clark, Helbig, Johnson, Naeyaert, Preadmore, Whipple

NO (0 )

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its regular meeting held Monday, January 6, 2003, the original of which is part of the Council’s minutes.

_______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Resolution No. 2003-5 Appointment to Planning Commission

Resolution No. 2002-31 appoints the Mayor Pro Tem as a member of the Planning Commission. Discussion was held on appointing Council Member Johnson. He has been serving on the Planning Commission and is familiar with the current work on the master plan. Mayor Pro Tem Helbig stated that from a structural standpoint, giving the Mayor Pro Tem position responsibilities is a good idea. Council Member Johnson suggested reconsidering the appointment in one year when the master plan is completed.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-05

APPOINTMENT TO PLANNING COMMISSION

January 6, 2003

WHEREAS, Article II. Planning Commission. Section 50-32 of the Code of Ordinances of the City of Mason, requires that one member of the Mason Planning Commission “... shall be a member of the City Council to be selected by resolution of the City Council....”;

THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Mason does hereby select Council Member Neal Johnson to serve on the Mason Planning Commission.

YES (7) Bruno, Clark, Helbig, Johnson, Naeyaert, Preadmore, Whipple

NO (0 )

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Mason City Council at its regular meeting on January 6, 2003, the original of which is part of the Council’s minutes.

______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

Attorney McGinty suggested that Resolution 2003-05 should indicate that the term of appointment is for one year.

Motion by Naeyaert, supported by Preadmore,

To reconsider Resolution No. 2003-05.

VOTE: Yes (7) Bruno, Clark, Helbig, Naeyaert, Preadmore, Whipple

No (0)

MOTION CARRIED

Motion by Clark, supported by Naeyaert,

To amend Resolution 2003-05 to add language as follows: Paragraph two, insert, for the term of one year at the end of the sentence.

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

No (1) Helbig

MOTION CARRIED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-05

APPOINTMENT TO PLANNING COMMISSION

January 6, 2003

WHEREAS, Article II. Planning Commission. Section 50-32 of the Code of Ordinances of the City of Mason, requires that one member of the Mason Planning Commission “... shall be a member of the City Council to be selected by resolution of the City Council....”;

THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Mason does hereby select Council Member Neal Johnson to serve on the Mason Planning Commission for the term of one year .

YES (7) Bruno, Clark, Helbig, Johnson, Naeyaert, Preadmore, Whipple

NO (0 )

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Mason City Council at its regular meeting on January 6, 2003, the original of which is part of the Council’s minutes.

______________________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

NEW BUSINESS

Mayor Whipple commented that today is officially Eagle Scout Corey Dollman-Jersey Day in recognition of him attaining Eagle Scout with Boy Scout Troop 141.

COUNCIL CORRESPONDENCE

· Ernie Lutz - Thank you note for fruit basket.

· Richard Ferris - Thank you for the fruit basket.

· Mayor Whipple commented that a notice was sent to all council members on a matter before the Ethics Board. A complaint has been made regarding whether a council member acted unethically by holding a seat and also running for an election when they were not a resident of the city and if the City Council acted unethically by the way they handled the situation. Under the advice of the city attorney the Ethics Board believes it is a legal question, not an ethical question. The Board will meet again this week.

· William H. Noud, Jr. - Letter on proposal for cobble stoning alleyways in Mason.

Discussion was held on the intent of Mr. Noud’s letter. It was determined that the letter was intended to be “tongue in cheek” as well as indicate Mr. Noud’s support for cobble stoning Mason alleyways. Council Member Clark asked that the Traffic Commission address making all alleys one-way traffic.

· Mayor Whipple commented that John Hamlin passed away. Mr. Hamlin was a former firefighter for the city of Mason, former council member, and was retired from the United States Postal Service.

LIAISON REPORT

Planning Commission

The next Planning Commission meeting will be held January 14, 2003 at 6:30 p.m.

Downtown Development Authority

Mayor Whipple commented that the DDA elected Tim Gaylord as chairman and Wayne Flood as vice chairman for the year. The meeting dates were set as the first Thursday of the month. The DDA is currently addressing possible boundary adjustments. The process of transferring the old fire station to Genex and Mike’s Fire House Grill are pending the environmental assessment.

Cable Commission

The next Cable Commission meeting will be held January 15, 2003 at 7:00 p.m. Council Member Helbig stated that a citizen has requested closed captioning for the council meeting.

ADMINISTRATOR’S REPORT

Administrator Colburn commented that staff is working with Mark Eidelson on the scope of the agreement for professional services on updating the Master Plan and land use planning. The City of Mason and Mason Board of Education Joint Recognition Ceremony will be held January 20, 2003 at 6:30 p.m., in the City Hall community room. The State’s statutory revenue sharing cut represents a loss of $27,000 for the city of Mason. Placing 426 Park Street up for bid and deferring the demolition of 502 Park Street can reduce expenditures approximately $22,500. MDOT is considering placing M-36 onto their five-year plan. Staff has provided MDOT information on improvements that the city wants addressed.

PEOPLE FROM THE FLOOR

Robert Cwiertniewicz, Hamtramck City Clerk, commented that the Hamtramk Council President will be resigning tomorrow. He is attending to observe the procedure that the Mason City Council followed. He applauded Mason City Finance Director/Treasurer, Kathy Revels, for the honor of her appointment to the Board of Directors for the Michigan Municipal Treasurer’s Association. It was brought to his attention in the Lansing State Journal.

ADJOURNMENT

Being there was no further business the meeting adjourned at 9:24 p.m.

_________________________ ________________________

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