REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, November 19, 2013
A meeting of the City Council of the City of Belding, Michigan was convened in open and public session at 7:00 p.m. on Tuesday, November 19, 2013.
Mayor Gunderson delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The City Clerk took the roll call:
Members Present: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.
Members Absent: None.
Council Member Scheid made a motion to approve the agenda as presented, supported by Council Member Jones.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Jones and Gunderson
Nays: None.
There were no public comments.
The Mayor called for Election Agenda Item A – ACCEPTANCE OF REPORT OF IONIA COUNTY BOARD OF CANVASSERS
Mike Scheid 204
Ronald Gunderson 200
Jerome Lallo 175
Council Member Scheid made a motion to accept the report of the Ionia County Board of Canvassers, supported by Council Member Feuerstein.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Jones and Gunderson
Nays: None.
The Mayor called for Election Agenda Item B – OATH OF OFFICE
City Clerk Thomas administered the oath of office to Mike Scheid, Ronald Gunderson and Jerome Lallo.
The Mayor called for Election Agenda Item C – ELECTION OF MAYOR AND MAYOR PROTEM
Council Member Scheid made a motion to nominate Ron Gunderson for mayor, supported by Council Member Jones.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson
Nays: None.
Council Member Scheid made a motion to nominate Thomas Jones for mayor protem supported by Council Member Feuerstein.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson
Nays: None.
A. Approve Independent Bank Checks 61017 to 61111in the amount of $60,642.89
B. Approve Chemical Bank Checks 6485 to 6491 in the amount of $15,114.55
C. Approve Minutes: Regular scheduled meeting, November 5, 2013
D. Request approval of DART Third Party Agreement for Job Access Program
E. Request approval for appointment of Dale Nelson to Central Dispatch Board of Directors
F. Request approval for Rivertown Bike Week Expo 2015 – July 17-19
G. Request approval of MDOT Contract #13-5592– Hall, Washington and Crawford Streets Projects
H. Request approval of MDOT Contract #13-5655– Fred Meijer Flat River Valley Rail Trail – non motorized pathway work from M-44 to Long Lake Rd.
I. Request approval of changes to Planning Commission By-Laws
Council Member Jones made a motion to approve the consent agenda, supported by Council Member Scheid.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.
Nays: None.
Following are the resolutions contained in the Consent Agenda.
C. DART THIRD PARTY AGREEMENT FOR JOB ACCESS PROGRAM
RESOLUTION NO. 2013-11-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE THIRD PARTY CONTRACT AGREEMENT BETWEEN THE CITY OF BELDING, DIAL-A-RIDE, AND THE CITY OF IONIA, DIAL-A-RIDE.
WHEREAS, the City of Ionia, Dial-A-Ride desires to contract with the City of Belding, Dial-A-Ride for the provision of transportation services offered under the Job Access Program; and,
WHEREAS, the term of the contract will be October 1st, 2013 until September 30th, 2014, for the amount of $55,000.00; and,
WHEREAS, the City of Belding, Dial-A-Ride complies with the conditions stated in the contract with the City of Ionia, Dial-A-Ride.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the third party contract agreement between the City of Belding, Dial-A-Ride, and the City of Ionia, Dial-A-Ride is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the third party agreement between the City of Belding, Dial-A-Ride, and the City of Ionia, Dial-A-Ride.
D. APPOINTMENT OF DALE NELSON TO CENTRAL DISPATCH BOARD OF DIRECTORS
RESOLUTION NO. 2013-11-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING DALE NELSON TO THE CENTRAL DISPATCH BOARD OF DIRECTORS.
WHEREAS,
WHEREAS, Chief Nelson has indicated his willingness to serve another term on the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Dale Nelson be appointed to the Central Dispatch Board of Directors with a term of office to expire on December 31, 2015.
F. MDOT CONTRACT #13-5592 – HALL, WASHINGTON AND CRAWFORD STREETS PROJECTS
RESOLUTION NO. 2013-11-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE APPROVAL OF THE MICHIGAN DEPARTMENT OF TRANSPORTATION CONTRACT FOR RECONSTRUCTION ALONG HALL STREET, WASHINGTON STREET AND CRAWFORD STREET, AND AUTHORIZING THE MAYOR, RONALD GUNDERSON, AND THE CITY CLERK, KAREEN J. THOMAS, TO SIGN THE CONTRACT.
WHEREAS, the Michigan Department of Transportation (MDOT) has awarded the City of Belding a grant to perform reconstruction work along Hall Street from Center Street to Washington Street, along Washington Street from Hanover Street to Hall Street, and along Crawford Street from High Street to Ellis Street; and
WHEREAS, MDOT has provided a Contract outlining responsibilities for MDOT and the City; and
WHEREAS, the Contract has been reviewed and appears to be in order, and protects the interests of the City of Belding; and
WHEREAS, the Agreement must be executed to receive funding in the amount of $658,000 for the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Belding Michigan, does hereby accept the terms of the Contract as received from MDOT.
BE IT FURTHER RESOLVED that Ronald Gunderson, Mayor, and Kareen J. Thomas, City Clerk, shall be authorized to sign the Contract on behalf of the City of Belding.
G. MDOT CONTRACT #13-5655 – FRED MEIJER FLAT RIVER VALLEY RAIL TRAIL
RESOLUTION NO. 2013-11-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE APPROVAL OF THE MICHIGAN DEPARTMENT OF TRANSPORTATION CONTRACT FOR NON-MOTORIZED PATHWAY WORK FROM HIGHWAY M-44 TO THE LONG LAKE ROAD FOR THE FRED MEIJER FLAT RIVER VALLEY RAIL TRAIL, AND AUTHORIZING THE MAYOR, RONALD GUNDERSON, AND THE CITY CLERK, KAREEN J. THOMAS, TO SIGN THE CONTRACT.
WHEREAS, the Michigan Department of Transportation (MDOT) has awarded the City of Belding a grant to perform non-motorized pathway work along abandoned railroad right-of-way from Highway M-44 to Long Lake Road for the Fred Meijer Flat River Valley Rail Trail; and
WHEREAS, MDOT has provided a Contract outlining responsibilities for MDOT and the City; and
WHEREAS, the Contract has been reviewed and appears to be in order, and protects the interests of the City of Belding; and
WHEREAS, the Agreement must be executed to receive funding in the amount of $1,016,000 for the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Belding Michigan, does hereby accept the terms of the Contract as received from MDOT.
BE IT FURTHER RESOLVED that Ronald Gunderson, Mayor, and Kareen J. Thomas, City Clerk, shall be authorized to sign the Contract on behalf of the City of Belding.
Council Member Jones stated the Rec Board met on November 11, 2013. The Belding Youth League has prepared the preliminary budget. The final round up meeting is November 21 for acceptance on the budget and expenses. There were 200-250 kids through the program. There was discussion on the season start time by Little League. That is determined by District 9. Evergreen got the bid for the skatepark. They are impressed with the site and community. They will make a few changes for the best in the RFP. The Rec Board and city council will stay with the original or make changes. There were approximately 50 people at the Smash Grand Opening on October 20, 2013. They are working with the police on vandalism. They will check with Meg or Ernie about signs, as no bike riding signs will be put up. The next meeting will be held on December 9. They will talk to Dale and Meg about paintball within the city limits. That is part of the vandalism.
Council Member Feuerstein stated the Planning Commission meeting would be held on December 4, 2013.
Council Member Scheid stated the Housing Commission has some multi bedroom vacancies and one single person vacancy. Anyone interested should fill out an application. The commission has a new tractor for maintenance. They will do demolition on the old landscaping.
Mayor Gunderson stated the Library Board would meet Monday at 5 p.m. There is an opening on the Library Board. Interested parties should fill out an application and submit with a letter of intent.
The Mayor called for New Business Agenda Item A – AMENDMENT TO HISTORIC DISTRICT ORDINANCE TO EXCLUDE ELECTROLUX PROPERTY – FIRST READING
The City Clerk read the preamble to the ordinance.
Council Member Scheid moved the passage of the first reading of the ordinance and the motion was supported by Council Member Feuerstein.
ORDINANCE NO. 535
AN ORDINANCE TO AMEND ARTICLE III OF THE CODE OF THE CITY OF BELDING HISTORIC DISTRICT, HISTORIC DISTRICT COMMISSION ORDINANCE SECTION 30-86, HISTORIC DISTRICT BOUNDARY BY AMENDING SECTION 30-86
The City of Belding ordains:
Section 1. That Section 30-86 of Article III of the Code of the City of Belding be amended by revising Section 30-86, pursuant to the terms of a Consent Judgment in the case of Electrolux Home Products, Inc. v. City of Belding, et al., to establish the Downtown Belding, Michigan Historic District, to read as follows:
Sec. 30-86 Designated Historic District:
The official name of the historic district is Downtown Belding, Michigan Historic District. The boundaries of the Downtown Belding, Michigan Historic District are as shown on the map on file in the office of the City Clerk, as amended pursuant to the terms of a Consent Judgment in the case of Electrolux Home Products, Inc. v. City of Belding, et al., Ionia County Circuit Court Case No. 11-K-28535-CH (hereafter “Consent Judgment”), which map is incorporated into and made a part of this Article and Section, and is comprised of the following described area located in the City of Belding, County of Ionia, State of Michigan but, pursuant to the Consent Judgment, excluding from this described are the area that is legally described onExhibit A attached to this Ordinance:
NW 1/4 Sec 11 T8N R8W, City of Belding‑Com (Intersection of Bridge & Main St.) SW Cor lot 57 Suprv Moons Plat, th N to Southerly line of Former C & O RR, Now the Mid‑Michigan RR, th Neasterly alg sd RR to Swesterly line of the Flat River, th SE alg Swesterly line of the Flat River to the intersection of the SWesterly line of the Flat River and the E line of lot 5 Beldings Addn extended to Rivers edge th S to SE cor lot 5 of Beldings Addn, th W to SE cor lot 4 of Beldings Addn, th S 16', W 66', N 16',W alg S line lots 1, 2 & 3 Beldings Addn, Cont W alg S line lots 62 thru 69 Suprv Moons Plat, th N 40', W to SW cor lot 19 Belding Urban Renwal Replat #1, th S 21.28', W 116.4', N 179.38'+/‑ to POB.
The Downtown Belding, Michigan Historic District includes all or part of the following parcels of land located in the City of Belding, County of Ionia, State of Michigan, identified by address and/or by Description according to the Records of the Assessor as they existed at the time this ordinance was adopted:
Address: Description:
1. 105 E. Main Street City of Belding Belding Urban Renewal Replat
Belding, MI 48809 No 1 W ½ Lot 18
2. 107 E. Main Street City of Belding Belding Urban Renewal Replat
Belding, MI 48809 No 1 E ½ Lot 18
3. 115 E. Main Street City of Belding Belding Urban Renewal Replat
Belding, MI 48809 No 1 Lot 19
4. 201 E. Main Street City of Belding Supv Moons Plat W 23 Ft
Belding, MI 48809 of Lot 65 & all Lots 66 thru 69
| |
5. 211 E. Main Street City of Belding Supv Moons Plat Lots 62,
Belding, MI 48809 63, 64, & E 10 Ft Lot 65
6. 108 Hanover City of Belding Belding Addn Lots 1 thru 5 S of
Belding, MI 48809 Park St & N 16 Ft Lot 11
7. 302 E. Main Street City of Belding Supv Moons Plat, Lots 192 &193;
Belding, MI 48809 Also the W 96 Ft Lot 194 & E 30 Ft lot 195; Also
Com 30 Ft W of NE Cor Lot 193 th N 7 Ft, th
W 63.34 Ft, th SWLY 37.2 Ft +- to NW Cor Lot
192, Th E 102 Ft to POB...
Section 2. This Ordinance shall be effective 10 days from legal publication.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson
Nays: None.
The Mayor called for New Business Agenda Item B – REQUEST AUTHORIZATION OF THE SAW GRANT AGREEMENT
The City Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Feuerstein.
Resolution #2013-11-79
Authorizing the SAW Grant Agreement
WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (“Part 52”), provides at MCL 324.5204e that the Michigan Finance Authority (the “MFA”) in consultation with the Michigan Department of Environmental Quality (the “DEQ”) shall establish a strategic water quality initiatives grant program; and
WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to municipalities for sewage collection and treatment systems or storm water or nonpoint source pollution control; and
WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a grant agreement (the "SAW Grant Agreement") that requires the Municipality to repay the grant under certain conditions as set forth in MCL 324.5204e, as amended; and
WHEREAS, the Municipality does hereby determine it necessary to (select one or more)
☐ establish an asset management plan, ☐ establish a stormwater management plan, ☐ establish a plan for wastewater/stormwater, ☐ establish a design of wastewater/stormwater, ☐ pursue innovative technology, or ☐ initiate construction activities (up to $500,000 for disadvantaged community).
WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate principal amount not to exceed $881,500 (“Grant”) be requested from the MFA and the DEQ to pay for the above-mentioned undertaking(s); and
WHEREAS, the Municipality shall obtain this Grant by entering into the SAW Grant Agreement with the MFA and the DEQ.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Manager (title of the desginee’s position), a position currently held by Meg Mullendore (name of the designee), is designated as the Authorized Representative for purposes of the SAW Grant Agreement.
2. The proposed form of the SAW Grant Agreement between the Municipality, the MFA and DEQ (attached Sample Grant Agreement) is hereby approved and the Authorized Representative is authorized and directed to execute the SAW Grant Agreement with such revisions as are permitted by law and agreed to by the Authorized Representative.
3. The Municipality shall repay the Grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority if the Municipality is unable to, or decides not to, proceed with constructing the project or implementing the asset management program for which the funding is provided within 3 years of the Grant award.
4. The Grant, if repayable, shall be a first budget obligation of the Municipality, and the Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the Municipality for the payment thereof, subject to applicable constitutional, statutory and Municipality tax rate limitations.
5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor shall it use Grant funds for the general local government administration activities or activities performed by municipal employees that are unrelated to the project.
6. The Authorized Representative is hereby jointly or severally authorized to take any actions necessary to comply with the requirements of the MFA and the DEQ in connection with the issuance of the Grant. The Authorized Representative is hereby jointly or severally authorized to execute and deliver such other contracts, certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to effect the approval and delivery of the Grant.
7. The Municipality acknowledges that the SAW Grant Agreement is a contract between the Municipality, the MFA and the DEQ.
8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution are rescinded.
Steve VandenBrink gave the report. Meetings were held with the staff regarding the scope of work. It will involve a wastewater plan and storm water plan. A GIS system will be developed, which will include software, hardware and training of staff. It will be up to $85,000 for GIS equipment. There will be preparation for a wastewater asset management plan. They will try to identify the condition of the collection system. It will go into an asset management plan to manage infrastructure assets over the long term. There will be the development of a GIS to link all drawings to a map. There will be a 10% local match. The city does not meet the disadvantaged criteria. Applications are due on December 2. They may hold a lottery to determine who will get grants. There will be other rounds. The $97,000 match can be budgeted over three years. The city has the matching funds. Grants will be awarded by April 1. It includes costs incurred since January 1, 2013.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson
Nays: None.
Dan Blunt Jr., 1120 N. State, thanked council for the opportunity to speak. He stated there is support for Officer Cooper. He stated he would speak on behalf of several people and show support for Officer Cooper. A Facebook page started and there were 2,000 members within 48 hours. They want to support with class and professionalism. That shows the type of people Officer Cooper has impacted in the community. He has a positive impact with the community. He is a man of honesty, character, dignity and professionalism. The community wants to show support. They wanted to move to a larger location. He has been an asset to the community for 44 years and an asset to the police department for 17 years. They ask that Officer Cooper get his job back. There are legalities and arbitration. It is a sad situation. He hopes they truly understand the support Officer Cooper had. He doesn’t know of any person that could get the support but by the person he is as a citizen and police officer. He is a class act. He doesn’t know what they are thinking. He would like to ask council to consider the reinstatement of Officer Cooper. It is what the community wants and they have spoken. They want what is best for the most. He asks that they take the considerations and think about what the community is asking for. They are citizens and homeowners here in town. Most of them know him. He has been here his whole life. He could be a mascot. He wished to commend him for his work. He is an upstanding officer and citizen and does a great job. He is not perfect, but knows right and wrong and what to stand up for.
Denny Craycraft stated he got a call from the Greenville Community Foundation and will receive $4,000, which will pay off the Korean monument. They got pulled out of the hole. They are going for the WWI monument next, so don’t let the donations stop. He is so proud of the community. Thursday at 3 p.m., the Greenville Foundation will present the check to the committee at the Korean monument. He thanked everyone for being there on November 11. He visited eight cemeteries for the WWI monument and has 160 names so far. It will be $5,000 for the bricks. He is guessing with the bricks for 160 names, they are looking at $12,000 to $14,000. He would like to reach others with the backing of the media. They will keep up the good work.
Council Member Jones thanked Denny for his work. The veterans made it possible to have meetings like this and express concerns.
Mr. Blunt stated he brought petitions they started last Friday. They will continue to collect more signatures.
City Manager Mullendore extended congratulations to Council Members Scheid, Gunderson and Lallo on the election, and to Mayor Gunderson and Mayor Protem Jones. She is looking forward to working with them. She stated being the product of a veteran and coming from a military family, she appreciates Denny’s effort, which is quite impressive and quite the tribute. They are lucky to have his tenacity. She wants to contribute to the Vietnam memorial. Jason is a lucky individual to have the support he has. They are limited on what they can say as it protects individuals. No personnel issue is easy. The process will be utilized. They have a job to do and have to make decisions that are not popular. It lays heavy for staff members, as well.
Council Member Feuerstein had no comments.
Council Member Scheid thanked Denny for his work. It takes a special individual to do something like that. He thanked everyone for their support of Jason. It shows real spirit. Keep at it.
Council Member Lallo thanked Denny. He was at the dedication. It brought a lot of people to tears. He thanked Cory for the article in the paper, as it was very touching. He is moved by the support for Jason. The community has come together and it will not go unnoticed. Let the process take its course. Be patient.
Council Member Jones welcomed Jerry to council. He congratulated Mike and Ron on their re-election. He is glad to see Ron as mayor again, as he has done a good job. He thanked everyone for the support of Jason. He knew his dad. He knows Marci and her family quite well. It is good for the community to come together to support the issue.
Mayor Gunderson stated it was a privilege and honor to be mayor through his peers and the people. He is looking forward to moving forward with the city and needs. He wished to commend those who are showing their support. He would invite them back to other meetings. It is nice to see TV and getting the coverage. He thanked them all for doing what they do and what they believe in. He said let the process run its course. He thanked Steve for the presentation and hopefully they can benefit from the grant. He thanked Carla for her support and prayers.
The Mayor called for Work Session A – BOARD & COMMISSION APPOINTMENTS AND LIAISONS
Council Members will serve on the following boards and commissions:
| | Belding Housing Commission | Mike Scheid | Liaison |
| | DDA Board | Ron Gunderson | Appointment |
| | Library Board | Ron Gunderson | Liaison |
| | Museum Advisory Board | Jerry Lallo | Liaison |
| | Planning Commission | Joe Feuerstein | Appointed |
| | Recreation Advisory Board | Tom Jones | Liaison |
| | T.I.F.A. Board | Jerry Lallo | Liaison |
| | Zoning Board of Appeals | Ron Gunderson | Appointed |
| | Labor Day Celebration Committee | Jerry Lallo | Liaison |
The Mayor called for a motion to adjourn the meeting.
Council Member Scheid moved to adjourn the meeting, supported by Council Member Lallo.
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.
Nays: None.
The Mayor adjourned the meeting at 7:54 p.m.
________________________________
Ronald Gunderson, Mayor
________________________________
Kareen J. Thomas, City Clerk