CITY OF MASON

REGULAR CITY COUNCIL MEETING

MINUTES OF OCTOBER 20, 2003

 

 

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

 

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

Also present:   Martin Colburn, City Administrator

Kathy Revels, Finance Director

Dennis McGinty, City Attorney

Joe Dean, DPW Director

Ken Baker, DPW Superintendent

Deborah Stein, Deputy City Clerk

 

 

APPROVAL OF MINUTES - REGULAR COUNCIL MEETING: October 6, 2003

The Regular Meeting Minutes of October 6, 2003 were approved as adjusted.

 

 

APPROVAL OF BILLS

MOTION by Preadmore, seconded by Helbig.

To approve the payment of bills in the amount of $232,311.89 as submitted.

MOTION APPROVED UNANIMOUSLY

 

 

PEOPLE FROM THE FLOOR

Nancy Cotter of 630 Okemos Street stated opposition to the proposed assessments for Okemos Street improvements.  Ms. Cotter expressed concern for retired neighbors that will not be able to afford the proposed assessment payments and questioned why this project is being discussed before the residents have been notified.  Whipple explained the special assessment process and the street program for the city.

 

Charles Bazzy of 520 N. Okemos Street asked for clarification of the special assessment process and whether the assessments had already been authorized.  Whipple stated that the proposed improvements have not been authorized.  Council will consider the proposed improvements tonight. If the resolution is approved it would require a cost estimate to be prepared and notification to the effected property owners of the proposed project, and set a public hearing.

 

It was discussed that a state statute allows deferment on property assessments In the case of hardship.  The state will make up the deferment and collect it when the house is sold.  The City Ordinance also allows for a hardship deferment.

 

Robert Jewell of 546 Okemos Street asked how far south the proposed sidewalks would go and if they would be on both sides of Okemos Road Street.  Whipple indicated that sidewalks would be installed to the city limits and that farm land assessments would be addressed later on the agenda.

 

 

REGULAR BUSINESS

Resolution No. 2003-59 Riverwalk Meadows – Partial Release of Water Main Easement

Resolution No. 2003-59 was introduced by Naeyaert, seconded by Helbig,

 

 

CITY OF MASON

                                  CITY COUNCIL RESOLUTION NO. 2003-59

 

                  Partial Release of Water Main Easement-Riverwalk Meadows

 

                                                     October 20, 2003

 

WHEREAS, water main was constructed in the easement recorded in Liber 1317, Page 96, Ingham County Records; and

WHEREAS, the water main easement in question is the easement associated with the water main constructed through the Riverwalk Meadows subdivision prior to the development of the plat; and

WHEREAS, during the construction of Phases I, 2, 3 and 4, the water main has been relocated in either new easements, or within public right of way as shown on the plats of Riverwalk Meadows, Riverwalk Meadows No.2, and Riverwalk Meadows No. 3 according to the recorded plats thereof;

NOW THEREFORE BE IT RESOLVED, that the Mason City Council does hereby authorize the Mayor and City Clerk to execute and deliver the partial release of easement on behalf of the City and deliver it to the owner for recording at the Ingham County Register of Deeds.

RESOLUTION APPROVED UNANIMOUSLY

 

 

Resolution No. 2003-60 Bid – Water Meters

Resolution No. 2003-60 was introduced by Helbig and seconded by Naeyaert.

 

Discussion was held on the new water meter installation and public notice.  Reference to the purchase of software and data conversion for use by the financial department to implement billing was removed from the proposed resolution. 

CITY OF MASON

                                                  CITY COUNCIL RESOLUTION NO. 2003-60

 

                                                                    Acceptance of Bid for

Water Meter System Upgrade

 

                                                                        October 20, 2003

 

WHEREAS, the City of Mason went to public bid to replace and upgrade its existing water meters; and

 

NOW THEREFORE BE IT RESOLVED, that the Mason City Council does hereby accept the bid by S.L.C. Meters Inc. in the amount of $585,029.00; and

 

BE IT FURTHER RESOLVED, that the Mason City Council authorizes the City Administrator to forward the Notice of Award to S.L.C. Meters Inc. for the upgrade of the water meter system.

                RESOLUTION APPROVED UNANIMOUSLY

 

 

2004 Sidewalk, Curb and Gutter, and Driveway Special Assessment Resolution No. 1

S.A. Resolution No. 1, Project No. 1 was introduced by Helbig and seconded by Naeyaert.

 

It was discussed that the city assumes responsibility for driveway approach reconstruction that result from narrowing Okemos Road Street.  McGinty addressed special assessments relating to the Farm Land Preservation Act.  Farm land may not be assessed for sewer, water, and curb and gutter improvements.

CITY OF MASON

2004 SIDEWALK, CURB AND GUTTER, AND DRIVEWAY IMPROVEMENTS

SPECIAL ASSESSMENT RESOLUTION NO. 1

PROJECT NO. 2004-1

 

October 20, 2003

 

WHEREAS, upon its own motion and without petition, the City Council of the City of Mason desires to be advised of the feasibility of certain sidewalk, curb and gutter, and driveway improvements within the City, generally described as follows:

 

The installation of sidewalks and related improvements, and/or the replacement of sidewalk, the installation of curb and gutter, the installation of concrete driveways between the sidewalk and curb, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: V/L Howell (04-101-004), 740 Okemos, 730 Okemos, 712 Okemos, 710 Okemos, 660 Okemos, 654 Okemos, 646 Okemos, 630 Okemos, V/L Okemos (04-176-009), 610 Okemos, 546 Okemos, 536 Okemos, 526 Okemos, 524 Okemos, 522 Okemos, 525 Okemos, 521 Okemos, V/L Okemos (04-200-002), V/L Okemos (04-200-003), 750 Okemos, V/L Okemos (04-303-015), 415 Okemos, 411 Okemos, 387 Okemos, 363 Okemos, 361 Okemos, 359 Okemos, 341 Okemos, 339 Okemos, 520 Okemos, 432 Okemos, 309 Okemos, 305 Okemos, 301 Okemos, 293 Okemos, 161 Okemos, 153 Okemos, 149 Okemos, 141 Okemos, 135 Okemos, 125 Okemos, 100 N. Jefferson, 217 Okemos, 142/144 Okemos, 126 Okemos, 108 Okemos;

 

WHEREAS, an estimate of the expenses of the Project and engineering drawings must be made, and the proposed special assessment district therefore must be determined.

 

NOW THEREFORE BE IT RESOLVED, that

 

1)       the City Council does hereby tentatively declare its intention to proceed with the Project;

 

2)       the City Administrator and/or Treasurer are hereby ordered to cause plans showing the Project, the location thereof, the proposed special assessment district, and estimates of the cost of the Project, to be prepared by Wolverine Engineers and Surveyors, Inc., Mason, Michigan;

 

3)       the City Administrator, when the engineering plans and estimates for the Project are completed, is ordered to file same with the City Clerk, and said plans and estimates shall be made available for public inspection;

 

4)       the City Administrator and/or Treasurer are hereby further authorized to proceed with all other necessary actions to initiate the Project;

 

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

RESOLUTION APPROVED UNANIMOUSLY

 

 

2004 Sidewalk, Curb and Gutter, and Driveway Special Assessment Resolution No. 2

S.A. Resolution No. 2, Project No. 1 was introduced by Naeyaert and seconded by Helbig.

.

CITY OF MASON

 

2004 SIDEWALK, CURB AND GUTTER AND DRIVEWAY IMPROVEMENTS SPECIAL ASSESSMENT RESOLUTION NO. 2

PROJECT NO. 2004-1

 

October 20, 2003

 

WHEREAS, the City Council has ordered plans and estimates of costs of certain sidewalk, curb and gutter and driveway improvements described more specifically below, to be made; and

 

WHEREAS, the City Council of the City of Mason, deems it advisable and necessary for the public health, safety and welfare of the City and its inhabitants to carry out the following generally described sidewalk, curb and gutter and driveway improvement project:

 

The installation of sidewalks and related improvements, and/or replacement of sidewalk, curb and gutter, the installation of concrete driveways between the sidewalk and curb, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: V/L Howell (04-101-004), 740 Okemos, 730 Okemos, 712 Okemos, 710 Okemos, 660 Okemos, 654 Okemos, 646 Okemos, 630 Okemos, V/L Okemos (04-176-009), 610 Okemos, 546 Okemos, 536 Okemos, 526 Okemos, 524 Okemos, 522 Okemos, 525 Okemos, 521 Okemos, V/L Okemos (04-200-002), V/L Okemos (04-200-003), 750 Okemos, V/L Okemos (04-303-015), 415 Okemos, 411 Okemos, 387 Okemos, 363 Okemos, 361 Okemos, 359 Okemos, 341 Okemos, 339 Okemos, 520 Okemos, 432 Okemos, 309 Okemos, 305 Okemos, 301 Okemos, 293 Okemos, 161 Okemos, 153 Okemos, 149 Okemos, 141 Okemos, 135 Okemos, 125 Okemos, 100 N. Jefferson, 217 Okemos, 142/144 Okemos, 126 Okemos, 108 Okemos;

 

Further, the City Council deems it advisable to defray all or a portion of the cost of the Project through special assessments assessed against the properties specially benefited thereby; and

 

WHEREAS, the City Council desires to proceed further with the Project.

 

NOW THEREFORE BE IT RESOLVED, that:

 

1)       upon completion, the plans showing the Project and location thereof, and the estimate of the cost thereof, shall be filed with the City Clerk and shall be available for public examination;

 

2)       the City Council tentatively declares its intention to proceed with the Project as generally described above, and to defray all or a portion of the cost thereof by special assessments against the properties specially benefited thereby in the proposed sidewalk, curb and gutter and driveway improvement special assessment district;

 

3)       there is hereby tentatively designated a special assessment district against which all or a portion of the costs of the Project are to be assessed, consisting of the lots and parcels of land described in Exhibit A, attached hereto and made a part hereof by reference;

 

4)       the City Council shall meet at a regular meeting in the City Hall, 201 West Ash Street, Mason, Michigan 48854, on Monday, the 15^th day of December, 2003 at 7:30 p.m., at which time and place the City Council will hear any objections to the Project and to the proposed special assessment district therefore;

 

5)       the City Clerk is hereby ordered to cause notice of such hearing to be made to the owners of the lots and parcels of land described in Exhibit A, attached hereto and made a part hereof by reference, pursuant to Section 66 of the Mason Code and the provisions of the City Charter.  Said notice shall be in substantially the following form:

 

NOTICE OF HEARING

 

CITY OF MASON RESIDENTS

 

TO THE OWNERS OF THE FOLLOWING PROPERTY IN THE PROPOSED SIDEWALK, CURB AND GUTTER, AND DRIVEWAY SPECIAL ASSESSMENT DISTRICT

 

PLEASE TAKE NOTICE that the City Council of the City of Mason, acting on its own initiative proposes to make the following generally described sidewalk, curb and gutter, and driveway improvements with respect to the proposed sidewalk, curb and gutter, and driveway special assessment district:

 

The installation of sidewalks and related improvements, and/or replacement of sidewalk, curb and gutter, the installation of concrete driveways between the sidewalk and curb, seeding, fertilizing, and mulching in the public right-of-way of the following properties and along and adjacent to the following streets: V/L Howell (04-101-004), 740 Okemos, 730 Okemos, 712 Okemos, 710 Okemos, 660 Okemos, 654 Okemos, 646 Okemos, 630 Okemos, V/L Okemos (04-176-009), 610 Okemos, 546 Okemos, 536 Okemos, 526 Okemos, 524 Okemos, 522 Okemos, 525 Okemos, 521 Okemos, V/L Okemos (04-200-002), V/L Okemos (04-200-003), 750 Okemos, V/L Okemos (04-303-015), 415 Okemos, 411 Okemos, 387 Okemos, 363 Okemos, 361 Okemos, 359 Okemos, 341 Okemos, 339 Okemos, 520 Okemos, 432 Okemos, 309 Okemos, 305 Okemos, 301 Okemos, 293 Okemos, 161 Okemos, 153 Okemos, 149 Okemos, 141 Okemos, 135 Okemos, 125 Okemos, 100 N. Jefferson, 217 Okemos, 142/144 Okemos, 126 Okemos, 108 Okemos;

 

                TAKE FURTHER NOTICE that the Cit Council will meet on Monday the 15^th day of December at 7:30 p.m. in the City Hall, 201 West Ash Street, Mason, Michigan, 48854, for the purpose of hearing any objections to the proposed sidewalk, curb and gutter, and driveway improvement project and the proposed special assessment district therefore.

 

Appearance and protest at the hearing is required in order to appeal the action of the City Council in approving the proposed sidewalk and driveway improvement project, the special assessment district or the amount of the special assessment to the state tax tribunal within thirty (30) days from the date of special assessment roll is confirmed by the City Council.  A property owner of party in interest, or his or her agent, may appear in person at the hearing to protest the special assessment proceedings or may fire his or her appearance or protest by letter and his or her personal appearance will not be required.

 

Dated: October 20, 2003                                                    ______________________________

                                                                                                Martin A. Colburn, City Clerk

 

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

RESOLUTION APPROVED UNANIMOUSLY

 

 

Presentation of 2002-2003 Financial Statements

Mr. Rick Richardson of Layton and Richardson gave a brief overview of the 2002-2003 Financial Statements.  Mr. Richardson commented that the opinion is an unqualified opinion, which is the best opinion that can be given.  He added that it is unusual to have an unqualified report and it speaks very highly of the accounting system and the job that is being done in the finance department.  

 

Typographical corrections for the financial statements were noted.  Discussion was held regarding the auditor’s payroll recommendation to have the finance department hand deliver payroll checks once a year.   Revels indicated that it is not necessary due to the entrance/exit interviews that are done with each employee.

 

MOTION by Hellbig, seconded by Preadmore,

To accept the audited 2002-2003 Financial Statements as prepared by Layton and Richardson and place them on file subject to the minor corrections noted, including correction of the SSAB Hardtech and the Jobs Commission Debt and any interest rate on the Building Authority Bonds

MOTION APPROVED UNANIMOUSLY

 

MOTION by Preadmore, seconded by Johnson,

To excuse recommendation number two on page 72 of the audit regarding hand delivery of the payroll checks once a year by the finance department.

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

               No (1) Bruno

MOTION APPROVED

 

 

UNFINISHED BUSINESS