May 19, 2003

CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

May 19, 2003

The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Helbig

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

Absent: Councilmember: Whipple

Also present: Martin Colburn, City Administrator

Joe Dean, DPW Director

Kathy Revels, City Finance Director/Treasurer

Deborah Stein, Deputy City Clerk

Dennis McGinty, City Attorney

Council Member Clark led the Pledge of Allegiance and offered the invocation.

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: May 5, 2003

The Minutes of May 5, 2003 were approved as submitted.

APPROVAL OF BILLS

Motion by Bruno, seconded by Preadmore,

To approve the payment of bills in the amount of $80,301.89 as submitted.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

Jacqueline Sadowski of 5290 Sherwood Road, Webberville, MI introduced herself to the Council. Ms. Sadowski is a Michigan State University journalist student covering Mason issues.

REGULAR BUSINESS

Public Hearing - FY 2003-2004 Budget

Mayor Pro Tem Helbig opened and closed the public hearing at 7:36 p.m. as there were no comments from the public.

Resolution No. 2003-31 Adoption of 2003-2004 Budget

Discussion was held regarding the staff recommendation to continue supporting the Drug Task Force.

Resolution No. 2003-31 was introduced by Clark and seconded by Bruno.

Discussion was held regarding the federal mandate for election payment assistance and the deadline requirements to replace punch card voting systems. Councilmember Naeyaert will report her findings at the next council meeting.

Motion by Bruno, seconded by Johnson,

To amend the 2003-2004 Budget to remove the $23,000 in Elections, Capital Outlay, and put back in the playground equipment for Laylin Park.

Vote: Yes (3) Johnson, Naeyaert, Bruno

No (3) Helbig, Preadmore, Clark

MOTION FAILS

Discussion was held to fund the construction of a pole barn for the Waste Water Treatment Plant.

Motion by Bruno, seconded by Johnson,

To amend the 2003-2004 Budget to put back $15,000 in the Capitol Outlay for the construction of the pole barn for the Waste Water Treatment Plant.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

Motion by Clark, seconded by Johnson,

To amend the 2003-2004 Budget to add a position to the DPW, funded 50% through the Water and Sewer Fund and 50% through the Transportation funding.

Vote: Yes (5) Helbig, Johnson, Naeyaert, Preadmore, Clark

No (1) Bruno

MOTION CARRIED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-31

ADOPTION OF THE FY 2003-2004 BUDGET

May 19, 2003

WHEREAS, the City Council of the City of Mason did hold a public hearing on the proposed 2003-2004 fiscal year budget on Monday, May 19, 2003, as prescribed by law: now therefore

BE IT RESOLVED, that the proposed 2003-2004 Operating Budget herewith filed with the City Clerk, providing for the sums of $11,600,660 for expenditures for municipal purposes for General Fund, Special Revenue Funds, Capital Project Funds, Trust and Agency Funds, Enterprise Funds, Intergovernmental funds, and Special Assessment Funds for the 2003-2004 fiscal year, and that of the said amount the sum of $2,048,495 shall be raised by taxes, or a levy of 13.25 mills, upon real and personal property of the City of Mason; and

RESOLVED FURTHER, that whereas the Downtown Development Authority (DDA) budget for 2003-2004 is forwarded to the City Council for its approval, and whereas the captured State Equalization Taxable Valuation for the DDA District is $1,531,716; the sum of $20,295 shall be placed in the DDA Fund along with other taxing jurisdictions= appropriate tax dollar amounts, and together this money will be used for future public improvements within the District, and bond payments; and

RESOLVED FURTHER, that whereas the Local Development Finance Authority (LDFA) budget for 2003-2004 is forwarded to the City Council for its approval, and whereas the captured State Equalization Taxable Valuation for the LDFA District is $23,644,984; the sum of $313,296 shall be placed in the LDFA Fund along with other taxing jurisdictions= appropriate tax dollar amounts, and together this money will be used for future public improvements within the District, and bond payments; and

RESOLVED FURTHER, that the 2003-2004 Governmental Fund Budgets shall be automatically amended on July 1, 2003 to re-appropriate encumbrances outstanding and reserved on June 30, 2003,

NOW, THEREFORE, BE IT FINALLY RESOLVED, that the City Council of the City of Mason hereby adopts the 2003-2004 proposed fiscal year budget which is currently on file in the office of the City Clerk.

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

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, May 19, 2003, the original of which is part of the Council=s minutes.

________________________________

Martin A. Colburn, City Clerk

City of Mason

County of Ingham

Ordinance No. 142 Historic Preservation - Second Reading And Adoption

CITY OF MASON

ORDINANCE NO. 142

AN ORDINANCE TO AMEND SECTION 31-5 (g) of CHAPTER 31, HISTORIC PRESERVATION, OF THE CODE OF ORDINANCES OF THE CITY OF MASON PURSUANT TO THE PROVISIONS OF P.A. 169 OF 1970, AS AMENDED.

THE CITY OF MASON ORDAINS THAT Section 31-5 (g) OF THE MASON CITY CODE IS HEREBY AMENDED AS FOLLOWS:

(g) Any person jointly or severally aggrieved by a decision of the commission shall have the right to appeal the decision to the state historic preservation review board of the Michigan historical commission within the department of state. The appeal shall be filed within 60 days after the decision is furnished to the applicant. The appellant may submit all or part of the appellant=s evidence and arguments in written form. The review board shall consider an appeal at its first regularly scheduled meeting after receiving the appeal, but may not charge a fee for considering an appeal. The review board may affirm, modify or set aside a commission=s decision and may order a commission to issue a certificate of appropriateness or a notice to proceed. A permit applicant aggrieved by the decision of the state historic preservation review board may appeal the decision to the circuit court having jurisdiction over the historic district commission whose decision was appealed to the state historic preservation review board. Any citizen or duly organized historic preservation organization in the local unit, as well as resource property owners, jointly or severally aggrieved by a decision of the historic district commission may appeal the decision to the circuit court, except that a permit applicant aggrieved by a decision of the historic district commission may not appeal to the court without first exhausting the right to appeal to the state historic preservation review board.

Effective Date. This ordinance shall take effect 20 days after its passage, approval, and publication.

The foregoing Ordinance was moved for adoption by Councilmember Preadmore and supported by Councilmember Naeyaert, with a vote thereon being: YES (6 ) NO (0 ), at a regular meeting of the City Council held pursuant to public notice in compliance with the Michigan Open Meetings Act, on the 19 day of May, 2003.

Ordinance No. 142 declared adopted this 19^th day of May, 2003.

__________________________

Russell W. Whipple, Mayor

__________________________

Martin A. Colburn, City Clerk

Resolution No. 2003-24 Amendment to Section 5.5 of the Charter of the City of Mason

Resolution No. 2003-24 was introduced by Clark and seconded by Bruno.

Motion by Preadmore, seconded by Johnson,

To amend Resolution No. 2003-24, under NOW THEREFORE BE IT RESOLVED, Section 5.5 Filling vacancies and elective offices, insert Amore than 182 days@ in the first line after Council; in the same sentence strike Aeach@ and insert Asuch@ before election.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-24

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 5.5 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Clark

Supported by Councilmember: Bruno

WHEREAS, the City of Mason is organized and operates as a Home Rule City pursuant to its Charter of the City of Mason adopted June 26, 1951, under the provisions of the Home Rule Cities Act, 1909 PA 279, as amended, MCL 117.1, et seq.; and

WHEREAS, Section 5.5 of Chapter 5 - General Provisions Regarding Officers and Personnel of the City - of said Charter presently reads as follows:

Section 5.5 Filling vacancies in elective offices.

Any vacancy on the Council shall be filled by appointment by the majority of the remaining members of the Council. Any vacancy to other elective offices shall be filled by appointment by a majority vote of the Council. All vacancies in elective offices shall be filled for the unexpired term. All vacancies to be filled by appointment under this Section shall be so filled within thirty days after such vacancy occurs.

If three or more vacancies in the Council exist simultaneously the Clerk shall forthwith call a special election to be held within sixty-five days thereafter to fill such vacancies for the unexpired terms of the individuals whose offices have become vacant.

Any vacancy which occurs as a result of the recall of an elective officer as provided in Section 3.19 shall be filled by a special election.

In connection with any special election to fill a vacancy or vacancies in any elective office, no primary election shall be held. Candidates shall be nominated by petitions in a manner identical to that provided in Section 3.10 to 3.14 of this Charter, inclusive; the names of all qualified candidates who file sufficient valid nomination petitions twenty days before such special election shall be certified to the election commission and placed on the ballot.

If at any special election to be held pursuant to Section 5.4 of this Chapter, all vacancies to be filled are in offices having the same unexpired term, the number of candidates equal to the number of such vacancies who shall have the highest number of votes shall be elected.

If at any special election to be held pursuant to Section 5.4. of this Chapter, there are vacancies to be filled in offices having different unexpired terms, the number of candidates equal to the number of vacancies in the offices having the longer unexpired terms who shall receive the highest number of votes at such election shall be elected to fill the vacancies in the offices having the longer unexpired terms and candidates equal to the number of vacancies in the offices having the shorter unexpired terms who receive the next highest number of votes in order shall be elected to fill the vacancies in the offices having the shorter unexpired terms.

and

WHEREAS, the Mason City Council believes that it would promote fair, equitable, efficient, and good government to place an amendment of the Charter before the qualified electors of the city of Mason to amend Section 5.5 of Chapter 5 - Provisions Regarding Officers and Personnel of the City - to provide that any vacancy on the Council occurring during the first two years of a term and prior to the deadline for filing nominating petitions for the next regular city election shall be filled by appointment by the Council only until the first Council meeting following the regular city election, and the balance of the unexpired term shall be filled by a successful candidate elected to fill the vacancy.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with 1909 PA 279, as amended, MCL 117.21, the Mason City Council hereby proposes that said Section 5.1 of Chapter 5 of the Mason City Charter be amended to read as follows:

Sec. 5.5 Filling vacancies in elective offices.

If any vacancy occurs on the Council more than 182 days prior to the next regular city election and the office would not otherwise be filled at such election, such vacancy shall be filled by appointment by the majority of the remaining members of the Council until the first meeting following the city election, and the balance of the unexpired term shall be filled by that person who receives the next highest number of votes cast for Council candidates after all regular four-year terms are filled. When any such vacancy is to be filled at a regular city election, the Council shall nominate such additional candidates as required by Section 3.13 of this Charter to make the total number of candidates equal to the number of offices to be filled at such election. Any other vacancy to elective offices shall be filled by appointment by a majority vote of the Council for the unexpired term. All vacancies to be filled by appointment under this Section shall be so filled within thirty days after such vacancy occurs.

Any vacancy which occurs as a result of the recall of an elective officer as provided in Section 3.19 shall be filled by a special election.

If at any special election to be held pursuant to Section 5.4 of this Charter, all vacancies to be filled are in offices having the same unexpired term, the number of candidates equal to the number of such vacancies who shall have the highest number of votes shall be elected.

If at any special election to be held pursuant to Section 5.4. of this Charter, there are vacancies to be filled in offices having different unexpired terms, the number of candidates equal to the number of vacancies in the offices having the longer unexpired terms who shall receive the highest number of votes at such election shall be elected to fill the vacancies in the offices having the longer unexpired terms and candidates equal to the number of vacancies in the offices having the shorter unexpired terms who receive the next highest number of votes in order shall be elected to fill the vacancies in the offices having the shorter unexpired terms.

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Section 5.5 of Chapter 5 of the Charter shall be submitted to the electors of the City of Mason at a special election to be held in the city on August 5, 2003.

BALLOT QUESTION

Shall Section 5.5 of the City Charter be amended to provide that any vacancy on the City Council be filled by Council appointment until the next city election where a candidate shall be elected to fill the remaining two years of the unexpired term?

YES _________

NO _________

STATEMENT OF PURPOSE

Current vacancies on Council are filled by appointment for the full four-year term. This amendment will allow the Council to fill vacancies only during the first two years of any four-year term and allow the voters to fill the vacancy for the last two years of a vacancy.

BE IT FURTHER RESOLVED, that the City Clerk shall do and perform all acts required of said Clerk by the City Charter and the statutes of the State of Michigan in such case made and provided in regard to the registration of electors for said election, the giving of notice thereof, the giving of notice of such election, the preparation and furnishing of necessary ballots, the obtaining of necessary approval of this amendment by the Michigan Attorney General and Governor of the State of Michigan, and for the conduct of such election.

VOTE ON ADOPTION:

YES: (6)

NO: (0)

ABSENT: (1)

CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Mason City Council by a vote of not less than 3/5 of the City Council at its regular meeting on May 19, 2003, the original of which is part of the Council's minutes.

____________________________________

MARTIN A. COLBURN, City Clerk

City of Mason, Ingham County, MI

Drafted by and approved as to form:

_____________________________

Dennis E. McGinty (P17407)

Mason City Attorney

601 Abbott Road

East Lansing, MI 48823

(517) 351-0280

Resolution No. 2003-26 Amendment to Section 6.7 of the Charter of the City of Mason

Resolution No. 2003-26 was introduced by Bruno and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-26

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 6.7 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Bruno

Seconded by Councilmember: Clark

WHEREAS, Section 6.7 of Chapter 6 - The Council - of said Charter presently reads as follows:

Sec. 6.7. Rules of the council.

The Council shall determine its own rules and order of business, subject to the following provisions:

(1) A journal of the proceedings of each meeting shall be kept by the Clerk in the English language and shall be signed by the presiding officer and Clerk of the meeting.

(2) The vote upon all ordinances and resolutions shall be taken by a "Yes" and "No" vote and entered upon the records, except that, where the vote is unanimous, it shall only be necessary to so state.

(3) No Councilman shall vote on any question in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct, but, on all other questions, each member who is present shall vote, unless excused by unanimous consent of the remaining members present.

(4) The proceedings of the Council, or a summary thereof, shall be published at least once, within 15 days following each meeting. Any such summary of such proceedings shall be prepared by the Clerk and approved by the Mayor, and shall show the substance of each separate proceeding of the Council.

(5) Each standing committee of the Council shall be composed of at least three members. In the event that the office of City Administration is created as provided for in Section 4.6, supra, the Council shall not have any standing committee. The Council shall not assign the administration of any department of the City to any member or committee of the Council.

and

WHEREAS, the Mason City Council believes that it would promote fair, equitable, efficient, and good government to place an amendment of the Charter before the qualified electors of the city of Mason to amend Section 6.7 of Chapter 6 - The Council - to eliminate the requirement that a summary of the proceedings of the Council be published within fifteen (15) days following each Council meeting and hereafter rely on the provisions of the Michigan Open Meetings Act for publication of Council minutes.

Sec. 6.7. Rules of the council.

The Council shall determine its own rules and order of business, subject to the following provisions:

(1) A journal of the proceedings of each meeting shall be kept by the Clerk in the English language and shall be signed by the presiding officer and Clerk of the meeting.

(4) Each standing committee of the Council shall be composed of at least three members. In the event that the office of City Administrator is created as provided for in Section 4.6, supra, the Council shall not have any standing committee. The Council shall not assign the administration of any department of the City to any member or committee of the Council.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with 1909 PA 279, as amended, MCL 117.21, the Mason City Council hereby proposes that said Section 6.7 of Chapter 6 of the Mason City Charter be amended to read as follows:

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Section 6.1 of Chapter 6 of the Charter shall be submitted to the electors of the City of Mason at a special election to be held in the city on August 5, 2003.

BALLOT QUESTION

Shall Section 6.7 of the City Charter be amended to eliminate the requirement that the proceedings of the Council, or a summary thereof, be published within 15 days following each Council meeting?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will eliminate the requirement that the proceedings of the Council be published within 15 days following each meeting since the publication of minutes is now governed by the Michigan Open Meetings Act which requires that draft minutes be available to the public within eight days of any meeting.

VOTE ON ADOPTION:

YES: (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

NO: (0)

ABSENT: (1) Whipple

___________________________

MARTIN A. COLBURN, City Clerk

City of Mason, Ingham County, MI

Drafted by and approved as to form:

____________________________

Dennis E. McGinty (P17407)

Mason City Attorney

601 Abbott Road

East Lansing, MI 48823

(517) 351-0280

Resolution No. 2003-30 Amendment to Section 16.4 and 16.5 of the Charter of the City of Mason

Resolution No. 2003-30 was introduced by Clark and seconded by Bruno

Motion by Preadmore, seconded by Johnson,

To amend Resolution No. 2003-30, under Section 16.4(c), strike Aenforce the ordinances of the City@; Section 16.5, strike Aof him by the Board of Cemetery Trustees@ and insert Afor the proper care and management of the cemetery@; next sentence, strike Aproper@; strike the last word of the paragraph, AAdministrator.@

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-30

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTIONS 16.4 AND 16.5 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Clark

Supported by Councilmember: Bruno

WHEREAS, Sections 16.4 and 16.5 of Chapter 16 - Cemeteries - of said Charter presently reads as follows:

Sec. 16.4. Board of cemetery trustees; organization, powers and duties.

(a) The Board of Cemetery Trustees shall appoint one of their number chairman, and the City Clerk shall be clerk of the Board. The Council may, by ordinance, invest the Board with such powers and authority as may be necessary for the care, management, and preservation of such cemetery and grounds, the tombs and monuments therein, and the appurtenances thereof; and, in addition to the duties herein mentioned, the Board shall perform such other duties as the Council may prescribe;

(b) Said Board, subject to the directions and ordinances of the Council, shall have the care and management of such cemetery or burial place or places, and shall direct the improvements and embellishments of the grounds; cause such grounds to be laid out into lots, avenues, and walks. The lots in such cemetery shall be numbered and the avenues and walks named, and plats thereof shall be made and recorded in the office of the City Clerk. The Board shall fix the price of lots, and make the sales thereof. The conveyances of such lots shall be executed on behalf of the City by the Clerk, and be recorded in his office at the expense of the purchasers;

(c) Said Board shall appoint a Superintendent for the cemetery; expend the money provided for the care and improvements of the grounds; enforce the ordinances of the City, made for the management and care thereof; and make such regulations for the burial of the dead, the care and protection of the grounds, monuments, and appurtenances of the cemetery, and the orderly conduct of persons visiting the grounds, as may be consistent with the ordinances of the City and the laws of the State of Michigan;

(d) All moneys raised for any public cemetery established under authority of this Charter, and all moneys received from the sale of lots therein, or from any other source, shall be paid into the city treasurer, and shall constitute a fund to be denominated the "cemetery fund." Said fund shall not be devoted or applied to any other purpose, except the purposes of such cemetery. The Board of Trustees shall report to the Council annually on the first Monday in March, and oftener when the Council shall so require, the amount of all moneys received into and owing to the cemetery fund, and from what source, and from whom; and the date, amount, and purpose of all expenditures and liabilities incurred, to whom paid, and to whom incurred; which report shall be certified by the clerk of the board.

Sec. 16.5. Duties of the superintendent of cemetery.

The Superintendent of the Cemetery shall perform such duties as are required of him by the Board of Cemetery Trustees. He shall hire and discharge such employees as may be necessary in the performance of his duties and the compensation of such employees shall be at rates established by the Board of Cemetery Trustees.

and

WHEREAS, the Mason City Council believes that it would promote fair, equitable, efficient, and good government to place an amendment of the Charter before the qualified electors of the city of Mason to amend Sections16.4 and 16.5 of Chapter 16 - Cemeteries - to provide that the superintendent of the cemetery shall be the Director of Public Works or such other person as designated by the City Administrator, to authorize the City Administrator to hire and discharge city cemetery employees, and to delete the specific date on which the annual report to Council shall be filed by the Cemetery Board of Trustees.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with 1909 PA 279, as amended, MCL 117.21, the Mason City Council hereby proposes that said Sections 16.4 and 16.5 of Chapter 16 of the Mason City Charter be amended to read as follows:

Sec. 16.4. Board of cemetery trustees; organization, powers and duties.

(c) Said Board shall expend the money provided for the care and improvements of the grounds; and make such regulations for the burial of the dead, the care and protection of the grounds, monuments, and appurtenances of the cemetery, and the orderly conduct of persons visiting the grounds, as may be consistent with the ordinances of the City and the laws of the State of Michigan;

(d) All moneys raised for any public cemetery established under authority of this Charter, and all moneys received from the sale of lots therein, or from any other source, shall be paid into the city treasurer, and shall constitute a fund to be denominated the "cemetery fund." Said fund shall not be devoted or applied to any other purpose, except the purposes of such cemetery. The Board of Trustees shall annually report to the Council the amount of all moneys received into and owing to the cemetery fund, and from what source, and from whom; and the date, amount, and purpose of all expenditures and liabilities incurred, to whom paid, and to whom incurred; which report shall be certified by the clerk of the board.

Sec. 16.5. Duties of the superintendent of cemetery.

The Superintendent of the Cemetery shall be the Director of Public Works or such other person as designated by the City Administrator and he shall perform such duties as are required for the proper care and management of the Cemetery. The City Administrator shall hire and discharge such employees as may be necessary for the care and management of the cemetery and the compensation of such employees shall be at rates established by the City.

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Sections 16.4 and 16.5 of Chapter 16 of the Charter shall be submitted to the electors of the City of Mason at a special election to be held in the city on August 5, 2003.

BALLOT QUESTION

Shall Sections 16.4 and 16.5 of the City Charter be amended to provide that the Superintendent of Cemetery shall be a person appointed by the City Administrator, to vest the City Administrator with the authority to hire and discharge cemetery employees, and to eliminate the specific date by which the Cemetery Board of Trustees must annually report to the Council?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will move the power to appoint the Superintendent of Cemetery from the Cemetery Board of Trustees to the City Administrator, shall give the City Administrator the power to hire and discharge cemetery employees, and will eliminate the specific date by which the Board of Trustees must annually report to the Council.

VOTE ON ADOPTION:

YES: (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

NO: (0)

ABSENT: (1) Whipple

________________________________

MARTIN A. COLBURN, City Clerk

City of Mason, Ingham County, MI

Drafted by and approved as to form:

_____________________________

Dennis E. McGinty (P17407)

Mason City Attorney

601 Abbott Road

East Lansing, MI 48823

(517) 351-0280

Resolution No. 2003-35 Amendment to Section 8.4 of the Charter of the City of Mason

Resolution No. 2003-35 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-35

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 8.4 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Clark

Seconded by Councilmember: Bruno

WHEREAS, Section 8.4 of Chapter 8 - General Finance Purchasing - of said Charter was amended by an amendment proposed by City Council Resolution No. 95-16 and approved by the voters at a special election held on August 15, 1995, which section of the Charter presently reads as follows:

Sec. 8.4. Adoption of Budget.

Not later than the third Monday in May, the Council shall, by resolution, adopt the budget for the next fiscal year and shall, in such resolution, make an appropriation of the money needed for municipal purposes, which levy shall not exceed two percent of the assessed valuation of all real and personal property in the City.

The budget resolution shall include a minimum appropriation of money for the street construction program equal to 2 of one percent of the assessed valuation of all real and personal property in the City.

and

WHEREAS, the City Council declared through Resolution No. 95-16, adopted May 1, 1995, that the City=s Capital Maintenance and Improvement Program for its local and major streets should be supported at a level adequate to maintain and improve the city streets to current standards in order to protect and promote the health, safety, and welfare of the city=s residents, to preserve property values in the city=s tax base, and to promote the social and economic well-being of residents, landowners, and the community as a whole; and

WHEREAS, the City Council proposed an amendment to Section 8.4 of the Charter to achieve this goal and said amendment was approved by the voters at a special election held on August 15, 1995, to require that the City Council thereafter annually budget and appropriate an amount equivalent to five mills for the City=s Capital Maintenance and Improvement Program for local and major streets; and

WHEREAS, subsequent to the adoption of the Charter amendment proposed by Resolution No. 95-16, the Michigan Legislature adopted 1994 PA 415 amending Section 24b of the Michigan Property Tax Act, providing that beginning in tax year 1995, city taxes shall be spread on the taxable value for all real and personal property, rather than on the state equalized value; and

WHEREAS, Section 27a of the Property Tax Act provides that the increase in taxable value for each parcel of property is capped and may not increase by an amount greater than five percent or the inflation rate for taxes levied in 1995 and thereafter; and

WHEREAS, the effect of the cap on taxable value since 1995 has caused the assessed value on the City=s annual assessment roll to substantially exceed the aggregate taxable value upon which city taxes may now be assessed and collected; and

WHEREAS, the current language of Section 8.4 of the Charter which mandates an appropriation based upon assessed value, rather than taxable value, has caused a disproportionate increase in the actual amount required for the City=s street and road program in comparison to all other activities of the General Fund which may only be supported by levies on the taxable value of non-exempt real and personal property in the city; and

WHEREAS, the Mason City Council believes that it would promote fair, equitable, efficient, and good government to place an amendment of the Charter before the qualified electors of the city of Mason to amend Section 8.4 of Chapter 8 - General Finance Purchasing - to require that the City Council annually budget and appropriate from all sources an amount equal to one-half of one percent (five mills) of the taxable value of all non-exempt real and personal property in the city for the annual street construction program.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with 1909 PA 279, as amended, MCL 117.21, the Mason City Council hereby proposes that Section 8.4 of Chapter 8 of the Mason City Charter be amended to read as follows:

Sec. 8.4. Adoption of Budget.

The budget resolution shall include a minimum appropriation of money for the street construction program equal to 2 of one percent of the taxable valuation of all non-exempt real and personal property in the City.

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Section 8.4 of Chapter 8 of the Charter shall be submitted to the electors of the City of Mason at a special election to be held in the city on August 5, 2003.

BALLOT QUESTION

Shall Section 8.4 of the City Charter be amended to make the minimum annual appropriation from all sources for street capital maintenance and improvement programs be equal to five mills on the taxable value of all non-exempt real and personal property in the city instead of the assessed value of such property?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will substitute taxable value as the basis for determining the minimum five mill appropriation for the street capital maintenance and improvement program to reflect that taxes are now based upon taxable value, not assessed value.

VOTE ON ADOPTION:

YES: (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

NO: (0)

ABSENT: (1) Whipple

__________________________

MARTIN A. COLBURN, City Clerk

City of Mason, Ingham County, MI

Motion by Preadmore, seconded by Naeyaert,

To reconsider Resolution No. 2003-29.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

Motion by Preadmore, seconded by Naeyaert,

To amend Resolution No. 2003-29, Section 16.3, strike Afrom the first Monday in May when appointed.@

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-29

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 16.3 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Preadmore

Seconded by Councilmember: Naeyaert

WHEREAS, Section 16.3 of Chapter 16 - Cemeteries - of said Charter presently reads as follows:

Sec. 16.3. Board of cemetery trustees.

Whenever the City shall own, purchase, or otherwise acquire any cemetery or cemetery grounds, the Council shall appoint three Trustees who shall be freeholders in and electors of the City, and who, with the City Clerk, shall constitute the Board of Cemetery Trustees. The three Trustees so appointed shall hold office for the term of three years, from the first Monday in May of the year when appointed. One Trustee shall annually be appointed by the Council at its first meeting in April of each year. The Council may remove any Trustee so appointed for inattention to his duties or other good cause. The Trustees shall serve without compensation.

and

WHEREAS, the Mason City Council believes that it would promote fair, equitable, efficient, and good government to place an amendment of the Charter before the qualified electors of the city of Mason to amend Section 16.3 of Chapter 16 - Cemeteries - to eliminate the requirement that members of the Mason Cemetery Board of Trustees must be freeholders or property owners to be eligible to serve as trustees and to allow the City Council to appoint such trustees annually to be determined by Council.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with 1909 PA 279, as amended, MCL 117.21, the Mason City Council hereby proposes that said Section 16.3 of Chapter 16 of the Mason City Charter be amended to read as follows:

Sec. 16.3. Board of cemetery trustees.

Whenever the City shall own, purchase, or otherwise acquire any cemetery or cemetery grounds, the Council shall appoint three Trustees who shall be electors of the City, and who, with the City Clerk, shall constitute the Board of Cemetery Trustees. The three Trustees so appointed shall hold office for the term of three years. One Trustee shall annually be appointed by the Council each year. The Council may remove any Trustee so appointed for inattention to his duties or other good cause. The Trustees shall serve without compensation.

BALLOT QUESTION

Shall Section 16.3 of the City Charter be amended to eliminate the requirement that members of the Mason Cemetery Board of Trustees must be freeholders or property owners and to allow the City Council to appoint such members on a date determined by Council?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will eliminate property ownership as a requirement for eligibility to serve on the Mason Cemetery Board and allow Council to appoint such members at a date determined by Council.

VOTE ON ADOPTION:

YES: (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

NO: (0)

ABSENT: (1) Whipple

___________________________

MARTIN A. COLBURN, City Clerk

City of Mason, Ingham County, MI

Drafted by and approved as to form:

_____________________________

Dennis E. McGinty (P17407)

Mason City Attorney

601 Abbott Road

East Lansing, MI 48823

(517) 351-0280

Resolution No. 2003-33 Economic Development Corporation Appointments

It is necessary to make appointments to the Economic Development Corporation to allow discharging an old mortgage that has been paid off and to complete closure of the corporation.

Resolution No. 2003-33 was introduced by Clark and seconded by Bruno.

Motion by Preadmore, seconded by Naeyaert,

To amend Resolution No. 2003-33, under ABE IT HEREBY RESOLVED@, after Administrator, insert Ato the City of Mason Economic Development Corporation Board of Directors.@; strike Aand@; add ABE IT FURTHER RESOLVED@ and insert the remainder of the paragraph.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

Resolution No. 2003-33 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-33

RESOLUTION OF APPOINTMENTS FOR THE MASON

ECONOMIC DEVELOPMENT CORPORATION

May 19, 2003

BE IT HEREBY RESOLVED, by the City Council of the City of Mason that it does hereby make the following appointments as recommended by the City Administrator to the City of Mason Economic Development Corporation Board of Directors.

BE IT FURTHER RESOLVED, that each term be linked to the terms of the members appointments of the LDFA or their respective appointment to city office. Any terms that may not fit this schedule will be appointed by calendar year.

Jerry Ambrose 2003

Robert Harter 2003

Sue Parsons 2003

Patrick Price 2003 calendar year (former member of EDC)

Ted Stroud 2004

Charles Dietrich 2006

Kelly Kloft 2006

Russell Whipple Office of the Mayor

Martin Colburn Office of City Administrator

VOTE: YES (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

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, May 19, 2003, the original of which is part of the Council=s minutes.

_____________________

Martin A. Colburn, Clerk

City of Mason

Ingham County, Michigan

UNFINISHED BUSINESS

Councilmember Bruno suggested that a total bid package should be requested for the SCADA System, including the computer equipment, to ensure compatibility of equipment and cooperation of vendors and technical support agreements when problems occur.

NEW BUSINESS

Councilmember Clark commented that the CATA bus stop signs have been placed in unsafe locations and inquired if they had contacted the city for permission of placement. Administrator Colburn indicated that he is currently waiting to hear back from CATA on the ill placement of the unapproved signs. Councilmember Bruno asked that the hazardous two-foot, three-pound galvanized sign post at QD be investigated. Mayor Pro Tem Helbig provided Council with the AIntroduction to Robert=s Rules of Order@ that she compiled for city boards and commissions. Councilmember Preadmore presented a letter requesting to be excused for the June 2, 2003 meeting.

Motion by Bruno, seconded by Clark,

To excuse Councilmember Preadmore from the June 2, 2003 meeting.

Vote: Yes (6) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

COUNCIL CORRESPONDENCE

Capitol Area United Way - Invitation

LIAISON REPORTS

Downtown Development Authority

Administrator Colburn informed the Council that the next DDA meeting will be held June 5, 2003 at 5:30 p.m.

Planning Commission

Administrator Colburn informed the Council that the Angel House was approved for the requested Special Use Permit. The draft Master Plan has been provided to Councilmembers.

ADMINISTRATOR=S REPORT

Administrator Colburn informed the council that their new city e-mail addresses will be added to the web site. The MDOT contract for State Street construction has not been received as yet. Replacement estimates are being researched for the light pole, which was knocked down and destroyed by wind in Hayes Park. Softball game hours will be temporarily extended to 11:00 p.m. at Bond Park.

PEOPLE FROM THE FLOOR

None.

Executive Session - City Administrator=s Evaluation

Motion by Clark, seconded by Preadmore,

To adjourn to executive session to discuss the City Administrator=s evaluation and non-union personnel salaries.

Roll Call Vote: Yes (6): Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark

No (0)

MOTION CARRIED

The meeting adjourned to executive Session at 8:50 P.M.

_____________________________ ____________________________

Martin A. Colburn, City Clerk Christine A. Helbig, Mayor Pro Tem