REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, October 1, 2013
A meeting of the City Council of the City of
Council Member Feuerstein 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, Belding and Gunderson.
Members Absent: Council Member Jones.
Council Member Scheid made a motion to excuse Council Member Jones from the meeting per Section 4.5(f) of the City Charter, supported by Council Member Belding.
Sharon Carlson, on behalf of the Recreation Advisory Board, stated the board met last Monday. Scott was in attendance and discussed the Labor Day Celebration. The Rec Board was pleased with the event and wanted to commend the committee.
The Meijer called for Good Neighbor Award – Belding Labor Day Celebration Committee
Mike Scheid presented the award to the committee for all their effort in presenting “Blast from the Past” for the 2013 Labor Day Celebration.
Patty Donovan thanked everyone for all their support. Stahlin, Leppink’s and the City of Belding were major sponsors. She prepared a budget, which was distributed. The committee also distributed t-shirts.
A. Approve Agenda
B. Approve Independent Bank Checks 60747 to 60803 in the amount of $75,434.46 and Checks 60804 to 60862 in the amount of $255,182.18
Approve Chemical Bank Checks 6457 to 6464 in the amount of $129,839.69 and Checks 6465 to 6471 in the amount of $23,850.46
C. Approve Minutes: Regular scheduled meeting, September 3, 2013
D. Appoint Robert Gasper to Property Maintenance Code Board of Appeals
E. Appoint Robert Gasper to the Construction Board of Appeals
F. Appoint Kathleen Lehman to Library Board
G. Belding Gardeners – request for use of Breimayer lot for Garden Walk 2014
H. B Foundation – request for use of city streets on October 4, 2013
I. BHS Homecoming Parade – request for use of city streets on Sept. 20, 2014
J. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for Jason Cooper dated May 13, 2013
K. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for documents relating to the city manager position dated September 2, 2013
L. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for Approved FOIA Documents dated September 16, 2013
M. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for 2006 Incident Book badge numbers dated April 26, 2013
N. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for Annual Performance Goals and Objectives and Method of Evaluation for Dale Nelson dated June 9, 2013
O. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for PBT monies FY 2003 dated February 9, 2013
P. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for Approved Rules, Regulations and Policies of the Police Department and City dated September 8, 2013
Q. Request for approval of GVMC Amendment No. 37 adding Sand Lake
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
Following are the resolutions contained in the Consent Agenda.
D. APPOINT ROBERT GASPER TO PROPERTY MAINTENANCE CODE BOARD OF APPEALS
RESOLUTION NO. 2013-09-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING ROBERT GASPER TO THE PROPERTY MAINTENANCE CODE BOARD OF APPEALS.
WHEREAS, the term of office of Robert Gasper on the Property Maintenance Code Board of Appeals has expired; and
WHEREAS, Mr. Gasper 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 Robert Gasper be appointed to the Property Maintenance Code Board of Appeals with a term to expire on September 16, 2016.
E. APPOINT ROBERT GASPER TO THE CONSTRUCTION BOARD OF APPEALS
RESOLUTION NO. 2013-09-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
APPOINTING ROBERT GASPER TO THE CONSTRUCTION BOARD OF APPEALS.
WHEREAS, the term of office for Robert Gasper on the Construction Board of Appeals has expired; and
WHEREAS, Mr. Gasper has indicated that he is willing to continue to serve on the board; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Robert Gasper be appointed to the Construction Board of Appeals with a term to expire on September 16, 2016.
F. APPOINT KATHLEEN LEHMAN TO LIBRARY BOARD
RESOLUTION NO. 2013-09-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING KATHLEEN LEHMAN TO THE BELDING LIBRARY BOARD.
WHEREAS, the City Council of the City of Belding, Michigan, desires to fill the expired term of Eileen McFadden; and,
WHEREAS, the City Council desires to appoint Kathleen Lehman as a member of the Library Board; and,
WHEREAS, the Alvah N. Belding Library Board members have recommended the appointment of Kathleen Lehman to this board; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Kathleen Lehman be, and the same hereby is, appointed as member of the Library Board with a term to commence on September 23, 2013, and to expire on December 31, 2016.
G. BELDING GARDENEERS – REQUEST FOR USE OF BREIMAYER LOT FOR GARDEN WALK 2014
RESOLUTION NO. 2013-09-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN GRANTING THE USE OF THE BREIMAYER LOT BY THE BELDING GARDENEERS ON JUNE 28, 2014.
WHEREAS, the Belding Gardeneers will host the 2014 Garden Walk on June 28, 2014; and
WHEREAS, the Belding Gardeneers have made a request to locate vendors featuring garden type items on the Breimayer lot on June 28, 2014 from 9 a.m. to 4 p.m., to be held in conjunction with the annual event.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Belding Gardeneers are granted use of the Breimayer lot on June 28, 2014.
H. B FOUNDATION – REQUEST FOR USE OF CITY STREETS ON OCTOBER 4
RESOLUTION NO. 2013-09-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE USE OF CITY STREETS FOR A 5K RUN/WALK TO SUPPORT THE “B” FOUNDATION.
WHEREAS, a request was received to use city streets and pathways for a 5K Run/Walk to support the “B” Foundation on October 4, 2013; and
WHEREAS, the streets and pathways affected will be Hall, Center, Wilson, Ionia, Hanover, E. Washington, Congress, Bridge, Pleasant, Pearl, Broas, Front, Main, Depot, N. Bridge, May, W. Ellis, Pine, I.O., Ranney, Putney, Elizabeth, N. State, Demorest, Lincoln, McKinley, Roosevelt, Harding, LeVac and Woods Dr.; and
WHEREAS, the closure will allow for safe passage of the race participants through the designated course from 9:30 p.m. to 11 p.m.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the designated city streets and pathways may be used for a 5K Run/Walk on October 4, 2013 to benefit the “B” Foundation from 9:30 p.m. to 11 p.m.; and
BE IT FURTHER RESOLVED that Belding Code of Ordinances Section 34 Article IV Noise Control, Section 34-76 and 34-77 be suspended for the event.
I. BHS HOMECOMING PARADE –REQUEST FOR USE OF CITY STREETS ON SEPTEMBER 20, 2014
RESOLUTION NO. 2013-09-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE USE OF CITY STREETS FOR THE BELDING HIGH SCHOOL HOMECOMING PARADE.
WHEREAS, the Belding High School Homecoming Parade will be held on September 20, 2013; and
WHEREAS, the procession will begin at the intersection of Broas and Congress Streets, go south on Broas Street to Center Street, and east on Center Street to Rudness Field at Hall and Center Streets; and
WHEREAS, police cars will escort the parade, and intersections will be guarded by school staff and members of the police department.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the designated streets may be used for the Belding High School Homecoming Parade on September 20, 2013 from 5:30 p.m. to 6:30 p.m.; and
BE IT FURTHER RESOLVED that Belding Code of Ordinances Section 34, Article IV Noise Control, Sections 34-76 and 34-77 be suspended for the event.
Q. REQUEST FOR APPROVAL OF GVMC AMENDMENT NO. 37 ADDING SAND LAKE
RESOLUTION NO. 2013-10-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN TO APPROVE AMENDMENT NO. 37 IN THE ARTICLES OF INCORPORATION OF GRAND VALLEY METROPOLITAN COUNCIL.
WHEREAS, the members of Grand Valley Metropolitan Council (“Metro Council”) have by majority vote approved Amendment No. 37 (Addition of the Village of Sand Lake) in the Articles of IncorporationofGrand Valley Metropolitan Council; and
WHEREAS, the amendment has now been submitted for approval by the legislative bodies of the local governmental units that belong to Metro Council; and
WHEREAS, the city council of the City of Belding has considered Amendment No. 37 in the Articles of Incorporation of Metro Council.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Amendment No. 37 in the Articles of Incorporation of Grand Valley Metropolitan Council is hereby approved.
Council Member Belding gave an overview of the Region 3 Community Garden Project, and showed the presentation given at the MML Conference.
Council Member Feuerstein stated the changes in the by-laws and other things that need to be changed were discussed at the Planning Commission meeting. It was tabled for more information.
Council Member Scheid stated he was out of town for the last Housing Commission meeting.
Council Member Belding stated the quilt raffle will be held at the museum the first Sunday in November. She has tickets which are $1.00 each or 6 for $5.00.
Mayor Gunderson stated the DDA met September 5 and are going through the by- laws and making the necessary changes. Kathy Lehman was appointed to the Library Board. They are working on their by-laws.
The Mayor called for New Business A – REQUEST APPROVAL OF MDOT TITLE VI NON-DISCRIMINATION ACTION PLAN
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 Belding.
RESOLUTION NO. 2013-09-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN ADOPTING THE MDOT TITLE VI NON-DISCRIMINATION PLAN
WHEREAS, Federal aid is contingent upon the Title VI Non-Discrimination Plan being in place; and
WHEREAS, the City of Belding has been the recipient of federal aid in the past; and
WHEREAS, the City of Belding anticipates the continuation of federal aid.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan hereby adopts the aforementioned Title VI Non-Discrimination Plan in its entirety, as well as annual updates that need to be made for compliance.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item B – REQUEST APPROVAL OF 3-YEAR CONTRACT WITH HYDRO DESIGNS, INC.
Council Member Scheid made a motion to approve 3-year contract with Hydro Designs, Inc., supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item C – AFFIRM DENIAL OF FOIA APPEAL – KIMBERLY ORLICH – JASON COOPER DATED MAY 13, 2013 AS REQUESTED DOCUMENTS DO NOT EXIST
Council Member Scheid made a motion to affirm the denial of FOIA appeal – Kimberly Orlich – Jason Cooper dated May 13, 2013 as requested documents do not exist, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item D – AFFIRM DENIAL OF FOIA APPEAL – KIMBERLY ORLICH – FOR DOCUMENTS RELATING TO THE CITY MANAGER POSITION DATED SEPTEMBER 2, 2013 AS REQUESTED DOCUMENTS DO NOT EXIST
Council Member Scheid made a motion to affirm the denial of FOIA appeal – Kimberly Orlich – for documents relating to the city manager position dated September 2, 2013 as requested documents do not exist, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item E – DOES NOT MEET THE REQUIREMENTS OF APPEAL PURSUANT TO PUBLIC ACT 442, FOIA APPEAL – KIMBERLY ORLICH – AFFID FORMS/COST FORM DATED SEPTEMBER 16, 2013, THEREFORE MUST BE REJECTED AS MS. ORLICH WAS GRANTED HER REQUEST.
Council Member Scheid made a motion that the FOIA Appeal filed by Kimberly Orlich for affid forms/cost form dated September 16, 2013, does not meet the requirements of appeal pursuant to Public Act 442 and therefore must be rejected, as Ms.Orlich was granted her request, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item F – REVERSE DENIAL IN PART OF FOIA APPEAL – KIMBERLY ORLICH – BADGE NUMBERS DATED APRIL 26, 2013 WITH PRIVILEGED INFORMATION REDACTED UPON RECEIPT OF PAYMENT OF FOIA REQUEST
Council Member Scheid made a motion to reverse denial in part of FOIA Appeal – Kimberly Orlich – badge numbers dated April 26, 2013 with privileged information redacted upon receipt of payment of FOIA request, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item G - AFFIRM DENIAL OF FOIA APPEAL – KIMBERLY ORLICH – MERIT SYSTEM - NELSON EVALUATIONS DATED JUNE 9, 2013, AS REQUESTED DOCUMENTS DO NOT EXIST
Council Member Scheid made a motion to affirm the denial of FOIA appeal – Kimberly Orlich – merit system – Nelson evaluations dated June 9, 2013, as requested documents do not exist, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item H - AFFIRM DENIAL OF FOIA APPEAL – KIMBERLY ORLICH – PBT’S 2003 DATED FEBRUARY 9, 2013 AS REQUESTED DOCUMENTS DO NOT EXIST
Council Member Mike Scheid made a motion to affirm the denial of FOIA appeal – Kimberly Orlich – PBT”S 2003 dated February 9, 2013 as requested documents do not exist, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item I – DOES NOT MEET THE REQUIREMENTS OF APPEAL PURSUANT TO PUBLIC ACT 442, FOIA APPEAL – KIMBERLY ORLICH – POLICE DEPARTMENT OPERATIONS PER ORDINANCE DATED SEPTEMBER 8, 2013, THEREFORE MUST BE REJECTED AS MS. ORLICH WAS GRANTED HER REQUEST.
Council Member Scheid made a motion that the FOIA Appeal filed by Kimberly Orlich for Police Department Operations dated September 8, 2013, does not meet the requirements of appeal pursuant to Public Act 442 and therefore must be rejected, as Ms.Orlich was granted her request, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item J – REQUEST APPROVAL TO AWARD THE CONTRACT FOR LAGOON BYPASS PUMPING EQUIPMENT RENTAL TO RAIN FOR RENT IN THE AMOUNT OF $12,673.
Council Member Scheid made a motion to grant approval to award the contract for lagoon bypass pumping equipment rental to Rain for Rent, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item K - REQUEST APPROVAL TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE SKATEPARK TO EVERGREEN SKATEPARKS IN THE AMOUNT OF $65,000.
Council Member Belding made a motion to grant approval to award the contract for the construction of the skate park to Evergreen Skateparks in the amount of $65,000, contingent on the appropriate site preparation and no monetary support from the city relative to this project, supported by Council Member Feuerstein.
Council Member Feuerstein stated it is a bid, it says nothing about what it pertains to. There should be specs on what they are asking for.
City Manager Mullendore stated they acknowledge the bid specifications and they will adhere to the terms.
Council Member Feuerstein asked who would make the preparations for the park?
City Manager Mullendore stated the city would remove what is there and compaction would be the responsibility of Evergreen. The Rec Board knew what the city in-kind outlay of labor would be.
Council Member Belding stated it would have helped if they had the packet for review. Her other concern was a type-o which said town of Milliken, instead of City of Belding. Her main concern was that there was no huge monetary expense on the DPW being tied up for weeks. The soil is not considered stable. They will come into a raw site. She said they must proceed or give back the monies that have been fundraised. They are at a fork in the road with this project. She asked how long the proposal was good for?
City Manager Mullendore stated they did not put a valid date, so indefinitely. Who Skates thought the specs were more than they wanted to work with. Some firms were not used to bid specifications. One firm said it was cost prohibitive to do the project.
Mayor Gunderson stated the design would be done later on. He doesn’t think they would have more than a one year warranty from any other firm. He hopes the specs given were tight enough that beyond one year they would be covered.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid and Gunderson.
Nays: Council Members Belding.
There were no public comments.
City Manager Mullendore stated with the Feds shut down, the city could recognize some impact. All projects for spring are good. It could affect the let dates for four projects. It could push it back, as they don’t know if funding will be there. After 10 days, food programs for school are eliminated. Over 50% of the school population receives that benefit. She had a conference call on how it would impact the city.
She has frustration with the FOIA situation. East Lansing, with a population of 48, 500, had 270 FOIA request over 26 months, mostly from vendors. They receive 40% of what the city does. In ten months, the city has received 255 requests from one resident. This is costing the city. While she was away, 15 requests came in, and today she got 4. The requests are ramping up, not getting less. The city may receive 306 requests by December 31st, if it continues at this rate. 45-50% of her time per week is being spent on this. This is not funny, it is ridiculous. Staff resources are being abused.
She had a phone conversation with John Heer. He sent an email update, which she read. He will be here from 11 a.m. to 2 p.m. on October 15, 2013. It is a five hour drive, but there will be no expense to the city to alleviate any fears council has. There was a concern that MDEQ has not been providing information, but Mr. Heer has been very good.
The DTE reclamation project is taking place at Central Riverside Park, as it does every x number of years. To verify on the contamination – everything is ok.
ICEA did site visits in town and met with Stahlin and Extruded Aluminum, and offered assistance in areas needed. Their company concern was access to a qualified work force. Stahlin has a turnover situation. It is important to stay with ICEA as there are beneficial tools. The benefit is seen in Belding and county wide.
She attended a presentation on personal property tax with Council Member Scheid at the MML Conference. Personal property tax revenues will be phased out. Local government can special assess the business to make up the revenue. It will hit the city and it will be hefty when it is phased out – mostly within the next two years.
Council Member Feuerstein stated he likes all the information on the contracts he votes for.
Council Member Scheid had no comments.
Council Member Belding had no comments.
Mayor Gunderson stated there was a scheduled council meeting on September 16, 2013, but he chose not to have the meeting out of respect for the family of Devon and the community. The community rallied and came around. Everybody put everything aside. Businesses and government entities were here. He said there was great support and he thanked the community. He was proud to be the mayor of the town, on how everyone came together.
The Mayor called for a motion to adjourn the meeting.
Council Member Scheid moved to adjourn the meeting, supported by Council Member Belding.
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor adjourned the meeting at 8:20 p.m.
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Ronald Gunderson, Mayor
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Kareen J. Thomas, City Clerk