REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, February 18, 2014
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, February 18, 2014.
Mayor ProTem Jones 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.
Approval of Agenda
Council Member Jones made a motion to approve the agenda as presented, supported by Council Member Lallo.
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.
The Mayor called for Public Comments.
There were no public comments.
The Mayor called for the Consent Agenda.
A. Approve Independent Bank Checks 61461 to 61466 in the amount of $9,143.99 and Checks 61467 to 61529 in the amount of $42,019.82
Approve Chemical Bank Checks 6573 to 6583 in the amount of $18,127.99
B. Approve Minutes: Regular scheduled meeting, February 4, 2014
C. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for attorney name, contract and fees paid in the amount of $2,600 dated August 26, 2013
D. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for bills for services from the attorney and/or law firm who/which is consulting the appellant body in responding to Kimberly Orlich’s FOIA Appeals dated August 21, 2013
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Lallo.
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.
The Mayor called for Reports by Council Liaisons
Council Member Scheid stated there would be a Housing Commission meeting on Thursday night and they would go over the sprinkler system. Gregg Moore will be there.
Council Member Lallo stated the Labor Day Committee had a meeting. They are very excited about the new amusement company. They are discussing grand marshals. They will get new shirts. A lot of help is needed this year, so please contact him or the Labor Day Committee.
Council Member Jones stated the Rec Board meets tomorrow night at 6:30 p.m. at city hall. The clock tower committee meeting may be tomorrow night.
Council Member Feuerstein stated there were no meetings.
Mayor Gunderson stated the ZBA meeting last night was to approve the minutes for January 23, 2014, at the request of the Belding Tank attorney. Those minutes were approved. The library meeting will be held on Monday at 5 p.m. at the library. There will be a Rails to Trails Authority meeting on the 27th at St. Johns. They distribute funding to different sections of the trail. The annual meeting will be held in Saranac on the second Monday of the month.
New Business
The Mayor called for New Business A – SET PUBLIC HEARING FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT FOR BELDING TOOL AND MACHINE
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 NO. 2014-02-10
RESOLUTION TO SET HEARING ON ESTABLISHMENT OF
INDUSTRIAL DEVELOPMENT DISTRICT
FOR BELDING TOOL AND MACHINE.
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended ("Act 198"), Baker Road Seating and Restoration (the "Company") has requested that the City of Belding establish an Industrial Development District in connection with property located at 1114 S. Bridge St.; and
WHEREAS, it is necessary to hold a public hearing on the Company's request for the establishment of an industrial development district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding:
1. That a public hearing on the Company’s request for the establishment of an industrial development district shall be held at the Pere Marquette Depot, 100 Depot Street, Belding, Michigan, at 7:00 p.m. on March 4, 2014.
2. That the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed industrial development district.
3. That the City Clerk shall publish a notice of the hearing in the Greenville Daily News, a newspaper of general circulation in the City.
4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same hereby are, rescinded.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Lallo and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item B – DART – ANNUAL APPLICATION
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 Lallo.
RESOLUTION NO. 2014-02-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN INDICATING THE INTENT TO APPLY FOR FINANCIAL ASSISTANCE, FOR FISCAL YEAR 2015 UNDER ACT NO. 51 OF THE PUBLIC ACTS OF 1951, AS AMENDED.
WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Belding Dial-A-Ride, (hereby known as THE APPLICANT), to provide a local transportation program for the state fiscal year of 2015 and, therefore, apply for state financial assistance under provisions of Act 51; and
WHEREAS, it is necessary for THE APPLICANT, to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and
WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and
WHEREAS, the performance indicators for this agency have been reviewed and approved by THE APPLICANT; and
WHEREAS, THE APPLICANT, has reviewed and approved the proposed balanced budget, and funding sources of estimated federal operating funds of $40,734, estimated state operating funds of $94,197, estimated local operating funds of $80,000, estimated fare box of $30,000, estimated other funds (RTAP) of $4,000, with total estimated expenses of $248,931.00.
WHEREAS, THE APPLICANT, has requested one replacement bus $70,000, one replacement administrative vehicle $25,000, and a back-up generator system for the depot and DART garage $30,000.
NOW THEREFORE, be it resolved that THE APPLICANT hereby makes its intentions known to provide public transportation services and to apply for state financial assistance with this annual plan, in accordance with Act 51; and
HEREBY, appoints Keven Krieger as the Transportation Coordinator, for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51 for 2015.
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.
The Mayor called for New Business Agenda Item C – BUDGET AMENDMENTSFOR THE 2013/14 FISCAL YEAR
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 Lallo.
RESOLUTION NO. 2014-02-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AMENDING THE FISCAL YEAR 2013/14 BUDGET.
WHEREAS, on the 21th day of May, 2013, the Council of the City of Belding, Michigan adopted its 2013/14 Fiscal Year Budget for the administration of all funds and activities; and,
WHEREAS, unanticipated revenues and expenditures are projected which may exceed budget appropriations listed in said budget; and,
WHEREAS, the Fiscal Year 2013/14 Budget must be changed to reflect these adjustments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Fiscal Year 2013/14 Budget be amended pursuant to the attached worksheet.
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.
The Mayor called for New Business Agenda Item D – AUTHORIZING REDEMPTION OF BUILDING AUTHORITY BONDS
The City Clerk read the preamble to the resolution.
Council Member Lallo moved the passage of the resolution and the motion was supported by Council Member Scheid.
RESOLUTION NO. 2014-02-13
RESOLUTION AUTHORIZING
REDEMPTION OF BUILDING AUTHORITY BONDS
WHEREAS, pursuant to the provisions of Act No. 31 of the Michigan Public Acts of 1948 (First Extra Session), as amended ("Act 31"), the City of Belding (the "City") has established the City of Belding Building Authority (the "Authority"); and
WHEREAS, pursuant to Act 31, the Authority has issued its Building Authority Bonds, Series 2006 (General Obligation - Limited Tax) (the "Bonds") in the aggregate principal amount of $2,810,000 for the purpose of acquiring, constructing, furnishing and equipping of an approximately 5,400 square foot library building addition; improving, remodeling, furnishing and equipping of the existing library building; and improving the site thereof (the "Project") and has entered into a Contract of Lease with the City whereby the City is obligated to make cash rental payments to the Authority in such amounts as are sufficient to enable the Authority to pay the principal of and interest on the Bonds as the same become due; and
WHEREAS, in accordance with the provisions of the Three Party Agreement effective as of April 25, 2006 (the "Three Party Agreement") between the City, the Authority and the Alvah N. Belding Memorial Library (the "Library"), all donations to the Project shall be deposited into the Bond Redemption Account as they are received and shall be used to redeem a portion of the Bonds on or about February 1 of each year; and
WHEREAS, in accordance with the provisions of the Three Party Agreement, excess Library cash rental payments which are not needed to pay the current requirements for debt service on the Bonds shall be deposited into the Bond Redemption Account and used to redeem the Bonds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Belding:
1. The Authority shall redeem Bonds prior to maturity in the amount of $3,000 from donations made to the Project and in the amount of $35,000 from excess Library cash rental payments as required by the provisions of the Three Party Agreement. The Chairperson of the Authority is authorized to cause the prepayment in the total amount of $38,000 to be made to the United States of America (Rural Development).
2. The prepayment in the amount of $38,000 shall be allocated to the principal installments due on November 1 of the years set forth below as indicated in the column entitled "Amount of Prepayment Applied to Principal Installment":
| Principal Installment Due November 1 | Amount of Prepayment Applied to Principal Installment | Principal Installment Due November 1 | Amount of Prepayment Applied to Principal Installment |
| | | | |
| 2014 | $ 0 | 2030 | $ 0 |
| 2015 | 16,000 | 2031 | 0 |
| 2016 | 14,000 | 2032 | 0 |
| 2017 | 5,000 | 2033 | 0 |
| 2018 | 0 | 2034 | 0 |
| 2019 | 0 | 2035 | 0 |
| 2020 | 0 | 2036 | 0 |
| 2021 | 0 | 2037 | 0 |
| 2022 | 0 | 2038 | 1,000 |
| 2023 | 0 | 2039 | 1,000 |
| 2024 | 0 | 2040 | 0 |
| 2025 | 0 | 2041 | 0 |
| 2026 | 0 | 2042 | 0 |
| 2027 | 1,000 | 2043 | 0 |
| 2028 | 0 | 2044 | 0 |
| 2029 | 0 | 2045 | 0 |
3. Following the prepayment and optional redemption of the Bonds as authorized herein, the maturity schedule for repayment of the Bonds shall be revised to reflect the prepayment of $38,000 as follows:
| Principal Installment Due November 1 | Amount of Principal Installment | Principal Installment Due November 1 | Amount of Principal Installment |
| | | | |
| 2014 | $ 0 | 2030 | $49,000 |
| 2015 | 11,000 | 2031 | 52,000 |
| 2016 | 16,000 | 2032 | 54,000 |
| 2017 | 25,000 | 2033 | 56,000 |
| 2018 | 30,000 | 2034 | 59,000 |
| 2019 | 30,000 | 2035 | 61,000 |
| 2020 | 31,000 | 2036 | 64,000 |
| 2021 | 33,000 | 2037 | 67,000 |
| 2022 | 35,000 | 2038 | 69,000 |
| 2023 | 36,000 | 2039 | 72,000 |
| 2024 | 38,000 | 2040 | 76,000 |
| 2025 | 40,000 | 2041 | 79,000 |
| 2026 | 42,000 | 2042 | 82,000 |
| 2027 | 43,000 | 2043 | 86,000 |
| 2028 | 45,000 | 2044 | 90,000 |
| 2029 | 47,000 | 2045 | 94,000 |
4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same hereby are, rescinded.
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.
The Mayor called for New Business Agenda Item E – AUTHORIZING THE BOARD OF REVIEW POVERTY GUIDELINES
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 Lallo.
RESOLUTION NO. 2014-02-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE BOARD OF REVIEW POVERTY EXEMPTION GUIDELINES.
WHEREAS, the Board of Review meets in March each year to consider appeals from property owners regarding the tax assessments; and,
WHEREAS, the poverty exemption guidelines are updated annually to meet federal poverty income standards and maximum threshold of residential value; and,
WHEREAS, the poverty guidelines are as follows:
Persons in family/household Poverty guideline
1 $11,490
2 $15,510
3 $19,530
4 $23,550
5 $27,570
6 $31,590
7 $35,610
8 $39,630
WHEREAS, the following Board of Review poverty exemption guidelines will apply:
1. Applicant must own and occupy the property as a homestead.
2. File a form provided by the City of Belding.
3. Submit federal and state income tax returns for all persons residing in the homestead, as well as copies of any property tax credit returns.
4. Meet federal poverty income standards.
5. Provide driver’s license or other form of identification.
6. Provide evidence of property ownership.
WHEREAS, applicant must meet the requirements of the asset test as follows:
1 Person under 65 years $24,894
1 person 65 years and over $24,894
2 persons under 65 years $30,846
2 persons with householder over 65 $30,846
3 persons $36,800
4 persons $42,645
5 persons $47,079
6 persons $54,552
7 persons $60,504
8 persons $66,458
9 persons $71,978
WHEREAS, under the poverty exemption guidelines the Board of Review may grant up to 100% exemption for one year.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Board of Review poverty exemption guidelines are hereby approved.
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.
The Mayor called for New Business Agenda Item F – AUTHORIZING ALTERNATE STARTING DATES FOR MARCH, JULY AND DECEMBER BOARD OF REVIEWS
The City Clerk read the preamble to the resolution.
Council Member Jones moved the passage of the resolution and the motion was supported by Council Member Scheid.
RESOLUTION NO. 2014-02-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN TO ADOPT ALTERNATE START DATES FOR MARCH, 2014, JULY, 2014 AND DECEMBER, 2014 BOARD OF REVIEW.
WHEREAS, the city wishes to adopt alternate start dates for the 2014 Board of Review meetings as follows:
For the March Board of Review, second meeting in March which can be either the Tuesday or the Wednesday following the second Monday in March.
For the July Board of Review, an alternate date during the week of the 3rd Monday in July, 2014.
For the December Board of Review, an alternate date during the week of the 2nd Monday in December, 2014.
THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, that the alternate start dates for the 2014 Board of Review meetings be approved.
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.
The Mayor called for New Business Agenda Item G – APPROVAL OF MUSEUM BOARD BY-LAWS
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 Jones.
CITY OF BELDING
RESOLUTION NO. 2014-02-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING AMENDMENTS TO THE MUSEUM ADVISORY BOARD BY-LAWS.
WHEREAS, the Museum Advisory Board has reviewed the by-laws and wishes to make amendments to the document; and,
WHEREAS, city staff has reviewed the amendments to the by-laws and recommends approval by the city council.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the amendments to the Museum Advisory Board By-Laws are hereby approved.
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.
The Mayor called for New Business Item H – FOIA APPEAL BY KIMBERLY ORLICH DATED AUGUST 26, 2013
Council Member Scheid made a motion to reject number 1 of FOIA Appeal as it does not meet the requirements of an Appeal pursuant to Public Act 442/ Affirm denial of FOIA Appeal number 2 as requested documents do not exist – Kimberly Orlich for attorney name, contract and fees paid in the amount of $2,600 dated August 26, 2013, supported by Council Member Lallo.
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.
The Mayor called for New Business Item I – FOIA APPEAL BY KIMBERLY ORLICH DATED AUGUST 21, 2013
Council Member Scheid made a motion to reject the FOIA Appeal as it does not meet the requirements of an Appeal pursuant to Public Act 442 for bills and services from the attorney and/or law firm who/which is consulting the appellant body in responding to Kimberly Orlich’s FOIA Appeal dated August 21, 2013, supported by Council Member Lallo.
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.
The Mayor called for Public Comments
Denny Craycraft, 11692 Youngman Rd., stated he had a Freedom Park update. He thanked Ron and Jerry for keeping the walkway shoveled. They graciously took care of that. He is soliciting businesses to get benches for the park this spring. He likes to keep business local. He came to a fair agreement with Northern Furniture. They will provide three benches which are concave, fiber glass and maintenance free. He will buy three benches and Northern Furniture will donate one. Hopefully, he will have funding for the benches in a week. He will need the WWI Veteran’s bricks before having the monument up. On Memorial Day, they will have the dedication of the bricks. The monument will be up by Veteran’s Day. They may have something on Labor Day. He thanked the library staff for helping him work on the WW1 Veterans. He gave council members a book to look at and return to him. He will add more things to the book. He was amazed at what the little town did for WW1. There are a lot of good stories in the book. The main project now is to get the $6,500 raised for the bricks. If a family sponsors ten names for $500, they will get a break. A lot of progress will be seen in the spring.
The Mayor called for City Manager’s Comments
City Manager Mullendore had no comments.
The Mayor called for Council Comments.
Council Member Lallo stated water was delivered today.
Mayor Gunderson stated they will deliver water to 15 properties altogether, and delivered 30 gallons to 13 properties today. More water is available. DPW took the water to their houses. The other two did not return a phone call and the water will be delivered later.
Council Member Lallo stated Kalamazoo has the same issue. They want them to run water through April. It is good the city has the water available. KMI was in the Grand Rapids Press for their roof melt tablets. They have shipped 12,000,000 tablets across the US and Canada.
Council Member Jones stated they talked about the skateboard park at the Rec Board. A preliminary drawing was shown. Keven has color copies of the preliminary drawings.
DART Director Krieger stated he talked to the skate park committee members and it will go to the Rec Board, as well as city council. Evergreen has the city scheduled for spring. They are excited about the design. They wanted to condense to one-fourth of the space of the hockey rink to leave it open.
Council Member Jones stated they can always add additions. It has been a long time coming and getting it done. They are making headway on it. He stated he asked two weeks ago about the cost for Cooper.
City Manager Mullendore stated she provided the information in her weekly update.
Council Member Jones stated people have commented about the sidewalk being cleaned by the memorial, and they thought they were doing a good job.
Mayor Gunderson stated people have been visiting the memorial with wheelchairs and walkers.
Council Member Jones thanked DPW and DART for their work in the horrific winter we are having. The weather gurus said it may be this way for the next few years. On the freezing water, Ernie has indicated that fixing the main line to lower it would take the staff a significant amount of time. He asked if the work should be contracted out? They will not have the crew to do this kind of project now or in the spring. Can they hire it done? They are not getting service from the city. It is not in the budget, but when could they do it? Council should address having more people in DPW or contract it out. Those are the two choices. If it was him, they would probably talk to his lawyer.
Council Member Feuerstein stated he had nothing.
Mayor Gunderson stated that has been an issue and they had a water main break this fall. They lowered that section down. If you open it up in cold water, you expose more problems. It is staggering the amount of work the DPW does with what they have. One person went one part time to full time. It was a good suggestion to look into this.
City Manager Mullendore stated they can explore that option.
Mayor Gunderson stated Denny brought the book in and it is truly amazing what he has gathered so far.
The Mayor called for a motion to adjourn the meeting.
ADJOURNMENT
Council Member Scheid moved to adjourn the meeting, supported by Council Member Feuerstein.
Ayes: Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.
Nays: None.
The Mayor adjourned the meeting at 7:55 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
