May 5, 2003

CITY OF MASON COUNCIL CHAMBERS

201 W. ASH ST., MASON, MICHIGAN

MASON CITY COUNCIL MINUTES

May 5, 2003

The meeting was called to order at 7:33 p.m. by Mayor Whipple.

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

Also present: Martin Colburn, City Administrator

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: April 21, 2003

Discussion was held to make corrections to the Minutes of April 21, 2003.

Motion by Preadmore, seconded by Bruno,

To approve the Minutes of April 21, 2003 amended as follows: Page 1, under People from the Floor, strike Brown Cabinet and insert Browne Cavender, and line 2, strike Mother=s Service, insert Blue Star; page 3, in the first motion , strike sentence, and insert line; page 7, under Section 75.7(c), strike Section 75.7(b) and insert this section; page 12, under Unfinished Business, last line, insert protected north bound in front of left hand turns.

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

No (0)

MOTION CARRIED

APPROVAL OF BILLS

Motion by Preadmore, seconded by Johnson,

To approve the payment of bills in the amount of $91,675.39 as submitted.

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

No (0)

MOTION CARRIED

PEOPLE FROM THE FLOOR

None.

Discussion was held to amend the agenda.

Motion by Bruno, seconded by Preadmore,

To remove AAgenda Items 7F, H, L, M, N, and O,@ under ARegular Business@ from the agenda.

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

No (0)

MOTION CARRIED

REGULAR BUSINESS

Public Hearing - Vacation of Rayner Street

Mayor Whipple opened and closed the public hearing at 7:47 p.m. as there were no comments from the public.

Resolution No. 2003-34 Vacation of Rayner Street

CITY OF MASON

MASON CITY COUNCIL

RESOLUTION NO. 2003-34

A RESOLUTION VACATING THAT PORTION OF RAYNER STREET NORTH OF RANDOLPH STREET PLATTED ACCORDING TO THE PLAT OF GRIFFIN=S ADDITION TO THE CITY OF MASON, INGHAM COUNTY, MICHIGAN.

Moved by: Clark

Supported by: Bruno

WHEREAS, the City Council of the City of Mason on March 17, 2003, adopted Resolution 2003-17 deeming it advisable and necessary for the health, welfare, comfort, and safety of the people of the City of Mason to discontinue and vacate the following platted public street:

That portion of Rayner Street lying north of Randolph Street, as described in the Plat of Griffin=s Addition to the City of Mason dated December 7, 1869, which street is more particularly described as follows:

Commencing at the southeast corner of Lot 8 of Block 8 of Griffin=s Addition to the City of Mason according to the plat thereof dated December 7, 1869, recorded at Liber 45 of Deeds, Pages 316-318, being a plat of part of Section 4, T2N, R1W, Ingham County, Michigan, thence north to the northeast corner of said Lot 8, thence east to the northwest corner of Lot 5 of Block 9 of Griffin=s Addition to the City of Mason, thence south to the southwest corner of said Lot 5, thence west to the point of beginning, being a part of the plat of Griffin=s Addition to the City of Mason, T2N, R1W, Ingham County, Michigan.

and;

WHEREAS, a Notice of Hearing on the proposed vacation of the above-described premises was published in the Ingham County Community News, a weekly newspaper published and circulated in the City of Mason, Michigan, during the four weeks of March 23, 2003, April 6, 2003, April 13, 2003, and April 20, 2003 establishing the time and place of the Public Hearing as the 5th day of May, 2003, at the Council Chambers at 201 West Ash Street, Mason, Michigan, at 7:30 p.m.; and

WHEREAS, the Public Hearing on the vacation of the above-described premises was held on this 5th day of May, 2003, at the Council Chambers in the City of Mason by the City Council and no objections were made to the vacation of said public street;

NOW THEREFORE, IT IS RESOLVED, that, pursuant to its authority granted by the Charter of the City of Mason and the statutes of the State of Michigan, to wit: the Fourth Class Cities Act, MCL 102.3, and the Michigan Land Division Act, MCL 450.257, the City Council of the City of Mason, hereby vacates and discontinues the above-described portion of Rayner Street lying north of Randolph Street.

RESERVING HOWEVER, unto the City of Mason the right to an easement in the City of Mason for public utility purposes and other public purposes, including the right to maintain and continue any and all existing public or quasi-public utility easements, and the right hereafter to install and maintain any public or quasi-public utility easements thereover, or thereunder, and the right of ingress and egress thereto for any purpose whatsoever, including installation of cable for cable television and telecommunications networks.

ADOPTED: YEAS:(7) Helbig, Johnson, Naeyaert, Preadmore, Bruno, Clark, Whipple

NAYS:(0)

CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Mason City Council at its regular meeting held on Monday, May 5, 2003, in the Council chambers, 201 West Ash Street, Mason, Michigan, the original of which is part of the Council's Minutes.

___________________________

Martin A. Colburn, City Clerk

Ingham County, Michigan

Drafted by and approved as to form:

_______________________________

Dennis E. McGinty (P17407)

Mason City Attorney

601 Abbott Road

East Lansing, Michigan 48823

(517) 351-0280

Ordinance No. 118-A-2003 DDA Plan Amendment No. 3 - Second Reading and Adoption

Motion by Naeyaert, seconded by Helbig,

To consider Ordinance No. 118-A-2003 read for the second time.

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

No (0)

MOTION CARRIED

Councilmember Clark indicated that he would not be voting in favor of the proposed amendment to Ordinance No. 118-A-2003 because he felt it would draw attention away from the downtown area. He indicated that a great deal of money had been spent to enhance the downtown district in an attempt to make it a destination area, including giving away a building and granting variances. He doesn=t feel there is a link between the downtown area and the Antiques District, however, if the intention is to unite them, they should mirror each other with the same motif. He feels that, absent an improved plan to connect the two districts, the $25,000 could be better used on another project.

Ordinance No. 118-A-2003 was introduced by Clark and seconded by Bruno.

Yes (4) Helbig, Naeyaert, Preadmore, Whipple

No (3) Johnson, Bruno, Clark

CITY OF MASON

ORDINANCE NO. 118-A-2003

AN ORDINANCE TO FURTHER AMEND SECTION 2 OF ORDINANCE NO. 118, ADOPTED MARCH 16, 1987, ENTITLED AAN ORDINANCE TO ADOPT AND APPROVE A DEVELOPMENT PLAN AND A TAX INCREMENT FINANCING PLAN FOR THE MASON DOWNTOWN DEVELOPMENT AREA@, AS LAST AMENDED BY ORDINANCE 118-A-2001, ADOPTED FEBRUARY 19, 2001, BY APPROVING AND ADOPTING DEVELOPMENT PLAN/TAX INCREMENT FINANCING PLAN AMENDMENT NO. 3 PURSUANT TO THE PROVISIONS OF 1975 PA 197, AS AMENDED, AND TO PROVIDE FOR ALL MATTERS RELATED THERETO.

THE CITY OF MASON ORDAINS:

Section 1. Title. This amendatory ordinance shall be known and may be cited as the ADowntown Development Plan Ordinance Amendment No. 3" and shall be designated as Ordinance No. 118-A-2003.

Section 2. Public Purpose. The Mason City Council hereby determines that the Development Plan/Tax Increment Financing Plan Amendment No. 3 as approved by resolution of the Downtown Development Authority adopted the 6^th day of February, 2003 (APlan Amendment No. 3") constitutes a public purpose. The City Council hereby further determines that it is in the best interest of the public to proceed with Plan Amendment No. 3 in order to halt property value deterioration, increase property tax valuation, eliminate the causes of the deterioration in property values, and to promote growth in the Downtown District.

Section 3. Findings. The Mason City Council hereby makes the following specific findings:

(1) That all taxing jurisdictions levying taxes subject to capture on any property within the Downtown District were invited to meet with the City Council and provided a reasonable opportunity to discuss the tax implications of Plan Amendment No. 3 with the City Council at its regularly scheduled meeting held on April 7, 2003.

(2) That it has not been necessary to form a Development Area Citizens District Council within the Downtown District pursuant to MCL 125.1671 and no Citizens District Council has been formed.

(3) That Plan Amendment No. 3 meets the requirements set forth in Section 17(2) of Act 197 and the requirements set forth in Section 14 of Act 197.

(4) The proposed method of financing the development is feasible and the Authority and the City have the ability to arrange the financing.

(5) The development is reasonable and necessary to carry out the purposes of Act 197.

(6) The land included within the Development Area to be acquired is reasonably necessary to carry out the purposes of Plan Amendment No. 3 and of Act 197 in an efficient and economically satisfactory manner.

(7) Plan Amendment No. 3 is in reasonable accord with the Master Plan of the City.

(8) Public services, such as fire and police protection and utilities, are adequate to serve the Development Area.

(9) Any changes in zoning, streets, street levels, intersections, and utilities to the extent required under Plan Amendment No. 3 are reasonably necessary for the Development Plan and for the City.

Section 4. Approval and Adoption of Plan Amendment No. 3. Section 2 of Ordinance No. 118 entitled AAn Ordinance to Adopt and Approve a Development Plan and a Tax Increment Financing Plan for the Mason Downtown Development Area pursuant to the provisions of Act 197 PA 1975, as amended, and to provide for all matters related thereto,@ is further amended to read as follows:

Section 2. Approval of Adoption of Development Plan/Tax Increment Financing Plan.

The Development Plan/Tax Increment Financing Plan heretofore approved and adopted by the City Council by Ordinance No. 118, as last amended by resolution of the Downtown Development Authority adopted the 12^th day of December, 2000, and by Ordinance No. 118-A-2001 adopted by City Council on February 19, 2003, is hereby further amended by Resolution of the Downtown Development Authority adopted the 6^th day of February, 2003, and by City Council Approval of this Amendment No. 3 to the Development Plan/Tax Increment Financing Plan (APlan Amendment No. 3") pursuant to this Ordinance No. 118-A-2003. The duration of the Plan shall remain 30 years from the effective date of Ordinance No. 118-A-2001 approving Plan Amendment No. 2, except as it may be extended by subsequent amendment of the Plan and this Ordinance. A copy of the Amended Plan and all further amendments thereto shall be maintained on file in the Clerk=s office and cross-indexed to this Ordinance.

Section 3. Effective Date. This Ordinance shall take effect 20 days after its passage, approval, and publication.

The foregoing Ordinance was moved for adoption by Council Member Clark and supported by Council Member Bruno, with a vote thereon being: YES (4) NO (3), at a regular meeting of the City Council held pursuant to public notice in compliance with the Michigan Open Meetings Act, on the 5^th day of May, 2003.

Ordinance No. 118-A-2003 declared adopted this 5^th day of May, 2003.

__________________________________________

Russell W. Whipple, Mayor

__________________________________________

Martin A. Colburn, City Clerk

Council Member Johnson left at ~~8:48~~ 7:48 p.m.

Ordinance No. 142 - Historic Preservation - First Reading

Motion by Helbig, seconded by Preadmore,

To consider Ordinance No. 142 read for the first time.

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

No (0)

MOTION CARRIED

Resolution No. 2003-23 Amendment to Section 5.1 of the City Charter

Motion by Preadmore, seconded by Helbig,

To amend City Council Resolution No. 2003-23 under STATEMENT OF PURPOSE , line 2, insert ,as required by recent court decisions, after Council.

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

No (0)

MOTION CARRIED

Resolution No. 2003-23 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-23

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 5.1 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Clark

Seconded 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 5.1 of Chapter 5 - General Provisions Regarding Officers and Personnel of the City - of said Charter presently reads as follows:

Sec. 5.1. Eligibility for office in city.

No person shall be eligible for any elective office of the City unless he or she shall be a qualified elector of the City and shall have been a resident of the City for at least two years immediately prior to the date of the election at which he or she is a candidate for office.

All administrative officers of the City shall be citizens of the United States.

No person shall be eligible for any elective or appointive office of the City who is in default to the City or to a school district within the City; or to the County of Ingham. The holding of office by any person who is in such default shall create a vacancy, unless such default shall be cured within 30 days after the giving of written notice thereof by the Clerk or unless such person shall, in good faith, be contesting the liability for the default.

Except as may be specifically permitted in this Charter, no elected city official may be appointed to any city office, or employed by the City during the term of office for which he or she was elected.

This section shall not prohibit any elected city official from serving the City with compensation as emergency medical services personnel or as a fire fighter, if that fire fighter is not a full-time fire fighter, a Fire Chief, or a person who negotiates with the City on behalf of the fire fighters.

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 5.1 of Chapter 5 - Provisions Regarding Officers and Personnel of the City - to reduce the residency requirement for eligibility for elective city office from two years prior to the election to six months prior to the deadline for filing of nominating petitions for the office.

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. 5.1. Eligibility for office in city.

No person shall be eligible for any elective office of the City unless he or she shall be a qualified elector of the City and shall have been a resident of the City for at least six months immediately prior to the last day for filing nominating petitions for the office for which he or she is a candidate for office.

All administrative officers of the City shall be citizens of the United States.

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Section 5.1 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 5.1 of the City Charter be amended to reduce the residency requirement for City Council candidates from two years prior to the date of the election to six months prior to the deadline for filing nominating petitions?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will lower the 2-year residency requirement for candidates for City Council as required by recent court decisions and qualify anyone who has resided in the city for at least six months prior to the last date for filing nominating petitions for the office.

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) - Helbig, Naeyaert, Preadmore, Bruno, Clark, Whipple

NO: (0) -

ABSENT: (1) - Johnson

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 5, 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. 2003-25 Amendment to Section 6.1 of the City Charter

Resolution No. 2003-25 was introduced by Clark and seconded by Bruno.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-25

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 6.1 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Clark

Seconded by Councilmember: Bruno

WHEREAS, Section 6.1 of Chapter 6 - The Council - of said Charter presently reads as follows:

Sec. 6.1. Procedure and miscellaneous powers and duties; regular meetings.

The Council shall provide by resolution for the time and place of its regular meetings and shall hold at least two regular meetings each month. A regular meeting shall also be held on the Monday following each regular city election.

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 6.1 of Chapter 6 - The Council - to delete the requirement that the City Council must hold an additional regular meeting of the Council on the Monday following each regular city election.

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 6.1 of Chapter 6 of the Mason City Charter be amended to read as follows:

Sec. 6.1. Procedure and miscellaneous powers and duties; regular meetings.

The Council shall provide by resolution for the time and place of its regular meetings and shall hold at least two regular meetings each month.

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 6.1 of the City Charter be amended to delete the requirement that an additional regular meeting of the Council be held on the Monday following each regular city election?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will eliminate the additional Council meeting following the November city election since new Council members now do not take office until the first meeting in January following the city election.

VOTE ON ADOPTION:

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

NO: (0) -

ABSENT: (1) - Johnson

______________________________

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. 2003-27 Amendment to Section 7.5 of the City Charter

Resolution No. 2003-27 was introduced by Helbig and seconded by Clark.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-27

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7.5 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Helbig

Seconded by Councilmember: Clark

WHEREAS, Section 7.5 of Chapter 7 - Legislation - of said Charter presently reads as follows:

Sec. 7.5. Penalties for violation of ordinances.

The Council may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any city ordinance shall not exceed a fine of five hundred dollars or imprisonment for ninety days, or both, in the discretion of the Court.

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 7.5 of Chapter 7 - Legislation - to eliminate the five hundred dollar limit on fines for municipal civil infraction violations, allow the Council to set by ordinance an appropriate maximum penalty, and to allow certain misdemeanors to be punished by a fine of not more than five hundred dollars or imprisonment for a term of not more than ninety-three days, or both, where the provisions of the City Code substantially correspond to a state law providing for such penalty.

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 7.5 of Chapter 7 of the Mason City Charter be amended to read as follows:

Sec. 7.5. Penalties for violation of ordinances.

The Council may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any city ordinance which is designated a misdemeanor shall not exceed a fine of five hundred dollars or imprisonment for ninety days, or both, except that if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days, such violation shall be punished by a fine of not more than $500, imprisonment for a term of not more than 93 days, or both. The maximum penalty for a violation of any ordinance which is designated as a municipal civil infraction violation shall be established by City Council by ordinance.

BE IT FURTHER RESOLVED, that the aforesaid proposition to amend Section 7.5 of Chapter 7 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 7.5 of the City Charter be amended to remove any limitation on civil fines for civil infractions and allow misdemeanor violations to be punished by a fine of not more than five hundred dollars or imprisonment for not more than 93 days, or both, where state law allows such penalty?

YES _________

NO _________

STATEMENT OF PURPOSE

This amendment will remove the $500 limit and allow Council to set an appropriate fine on municipal civil infraction fines and will increase the maximum penalty on certain misdemeanors to 93 days imprisonment when such penalties are allowed by state law.

VOTE ON ADOPTION:

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

NO: (0) -

ABSENT: (1) - Johnson

_____________________________

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. 2003-28 Amendment to Section 11.3 of the City Charter

Motion by Helbig, seconded by Naeyaert,

To amend Resolution No. 2003-28 under Section 11.3(2), third line, strike the colon and insert a semicolon; strike Provided and insert provided; strike That and insert that.

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

No (0)

MOTION CARRIED

Resolution No. 2003-28 was introduced by Bruno and seconded by Helbig.

CITY OF MASON

CITY COUNCIL RESOLUTION NO. 2003-28

A RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 11.3 OF THE CHARTER OF THE CITY OF MASON.

Introduced by Councilmember: Bruno

Seconded by Councilmember: Helbig

WHEREAS, Section 11.3 of Chapter 11 - Special Assessments - of said Charter presently reads as follows:

Sec. 11.3. Special assessment powers.

The Council shall, in the exercise of its powers of special assessment, have power to provide for the following, but this list shall not be exclusive:

(1) For the construction of public parking facilities as a public improvement financed, in whole or in part, by the special assessment method;

(2) For installing a boulevard lighting system on any street as a public improvement to be financed, in whole or in part, by special assessment upon the lands abutting thereupon; provided, that, before any such improvement may be made, the property owners of a majority of the frontage of such street or part thereof to be so improved shall petition therefor;

(3) For the payment of special assessments in annual installments, not to exceed ten in number, the first such installment to be due, either upon confirmation of the special assessment roll, or on the following July 1, and subsequent installments to be due on July 1 of succeeding years;

(4) Each installment, which shall be due on July 1 of any year, shall be placed upon the annual city tax roll, and in the case of deferred installments, an interest charge shall be added thereto at a rate to be determined by the Council, which rate shall not exceed six per cent per year, subject to the right of any person to make advance payment of any such installment with interest only to the date of payment;

(5) For making additional pro rata assessments when any special assessment roll proves insufficient to pay for the improvement for which it was levied and the expenses incident thereto; provided, that the additional pro rata assessment shall not exceed twenty-five per cent of the assessment, as originally confirmed, unless a meeting of the Council be held to review such additional assessment. Notice of any such meeting shall be published as provided in the case of review of the original special assessment roll.

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 11.3 of Chapter 11 - Special Assessments to allow the interest charge on deferred installments of special assessments to be set at the interest rate charged on special assessment bonds sold by the City for such improvement plus one percent.

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 11.3 of Chapter 11 of the Mason City Charter be amended to read as follows:

Sec. 11.3. Special assessment powers.

The Council shall, in the exercise of its powers of special assessment, have power to provide for the following, but this list shall not be exclusive:

(1) For the construction of public parking facilities as a public improvement financed, in whole or in part, by the special assessment method;

(4) Each installment, which shall be due on July 1 of any year, shall be placed upon the annual city tax roll, and in the case of deferred installments, an interest charge shall be added thereto at a rate to be determined by the Council, which rate shall not exceed the greater of six per cent per year or the interest rate on any special assessment bonds sold for such improvement plus one percent (1%). Any person shall have the right to make advance payment of such installment with interest only to the date of payment;

BALLOT QUESTION

Shall Section 11.3 of the City Charter be amended to allow the interest charge on special assessment installments to be the interest rate charged to the City on any bonds sold for such improvement plus one percent (1%)?

YES _________

NO _________

STATEMENT OF PURPOSE

Subsection 11.3(4) of the Charter currently limits the maximum interest on all deferred special assessment installments to six percent. This amendment will allow the interest rate to be the interest rate charged to the City on special assessment bonds sold for the improvement plus a service charge not to exceed one percent (1%).

VOTE ON ADOPTION:

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

NO: (0) -

ABSENT: (1) - Johnson

_______________________________

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. 2003-29 Amendment to Section 16.3 of the City Charter

Resolution No. 2003-29 was introduced by Clark and seconded by Helbig.

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: Clark

Seconded by Councilmember: Helbig

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, from the first Monday in May of the year when appointed. 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.

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 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, Naeyaert, Preadmore, Bruno, Clark, Whipple

NO: (0) -

ABSENT: (1) - Johnson

______________________________

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

Bid - Supervisory Control And Data Acquistion (SCADA)

Discussion was held to reject the submitted six bids because they exceeded the budgeted amount for the SCADA System.

Motion by Naeyaert, seconded by Preadmore,

To reject all bids received on February 20, 2003 for the SCADA System as they exceed the budgeted amount.

Motion by Naeyaert, seconded by Clark,

To amend the motion on the floor by inserting, Aaccept the City Administrator=s recommendation@ before, Ato reject all bids received on February 20, 2003 for the SCADA System as they exceed the budget.@

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

No (0)

MOTION CARRIED

The amended motion was approved as follows:

ATo accept the City Administrator=s recommendation to reject all bids received on February 20, 2003 for the SCADA System as they exceed the budget.@

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

No (0)

MOTION CARRIED

It was discussed that the computer equipment for the SCADA System will be bid separately.

Discussion - Request by First Properties for a Payment In Lieu Of Taxes (PILOT)

Mr. Robert Kabbe of First Properties Company gave a brief presentation regarding a proposal for the redevelopment of approximately 3.7 acres located at 840 W. Columbia, St. Mark=s Lutheran Church, for the construction of affordable housing. He indicated that a Payment In Lieu Of Taxes (PILOT) would be requested. Currently, First Properties Company manages Kiwanis Village of Mason and Jefferson Street Square, Inc. in the city of Mason. The proposed development would place the existing tax exempt property on the tax roll. Mayor Whipple indicated that the infrastructure of Orchard Lane and Columbia Street would need improvement.

UNFINISHED BUSINESS

None.

NEW BUSINESS

None.

COUNCIL CORRESPONDENCE

None.

LIAISON REPORTS

Downtown Development Authority

Mayor Whipple informed the Council that DDA approved a recommended budget which will be submitted to the city.

ADMINISTRATOR=S REPORT

Administrator Colburn informed the Council that donations totaling more than $1,100 have been received from city residents and businesses for the purchase of flowers to be planted by volunteer gardeners in the downtown planters. He provided a residential speed control booklet in the council packet regarding a letter Police Chief McCormick wrote in response to a resident=s request for the placement of a stop sign. The Traffic Commission did not recommend approval of the request. Street improvements will begin this week. The MDOT committee will be meeting to review contracts, after which the city should receive the contract for the State Street construction. Leslie Township and the city of Leslie will hold a grand opening May 10^th for their new joint Fire Station.

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 performance evaluation.

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

No (0)

MOTION CARRIED

The meeting adjourned to executive Session at 8:39 P.M.

_____________________________ __________________________

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