REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, October 21, 2014

 

City Manager Memo

 

Motions

 

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, October 21, 2014.

 

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 Joe Feuerstein, Mike Scheid, Jerome Lallo, Tom Jones and Ronald Gunderson.

 

Members Absent:        None.

 

Approval of Agenda

 

Council Member Scheid 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.

 

Public Comments

 

Gary Knowlton, 840 Morton Ave., stated even though he is chair of the Planning Commission, these comments are personal observations.  The city council has the responsibility to have an evaluation on the city manager.  The Planning Commission and city manager have to work together.  They have shared city visions and goals and objectives.  They have had major differences of opinion.  Those could have been serious obstructions.  His first impression of her was not good and he got the impression her first impression of him was not good.  They have spent many hours working together.  She is knowledgeable of planning issues.  She has the courage to make tough decisions.  She has made mistakes, as he has, too.  They don’t see eye to eye on every issue.  They place a phone call or meet and discuss the issue.  They have developed understandings and have a good relationship.  The Planning Commission and city are working together.  Capital improvements are being wrapped up.  Site plans are reviewed.  Study committees have met.  Uniform enforcement is being discussed.  People must set aside personal issues and must work together.  The Planning Commission has not been a part of unethical conduct.  His vision is a setting for all citizens to work together to build, instead of destroy.  Treat others in a way they would like to be treated.  It begins within each of them.  His thoughts and prayers are with them as they make tough decisions for the city.

 

Consent Agenda

 

A.    Approve Independent Bank Checks 62816 to 62895 in the amount of $191,450.38, Checks 62900 to 62901 in the amount of $91,355.77, and Check 62902 in the amount of $8,295.00

Approve Chemical Bank Checks 6670 to 6676 in the amount of $24,870.97

B.     Approve Minutes:  Regular scheduled meeting, October 7, 2014

C.     Approve Closed Session Minutes – October 7, 2014

D.    Appointment of David Mierendorf to the Property Maintenance Code Board of Appeals

 

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.

 

D.        Appointment of David Mierendorf to the Property Maintenance Code Board of Appeals

 

RESOLUTION NO. 2014-10-49

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN  APPOINTING DAVID MIERENDORF TO THE PROPERTY MAINTENANCE CODE BOARD OF APPEALS.

 

WHEREAS,               the term of office of David Mierendorf on the Property Maintenance Code Board

                                                of Appeals has expired; and  

 

WHEREAS,   Mr. Mierendorf 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 David Mierendorf be appointed to the Property Maintenance Code Board of

Appeals with a term to expire on October 21, 2017. 

 

Reports by Council Liaisons

 

Council Member Lallo stated he had nothing to report. 

 

Council Member Jones stated the Rec Board meeting will be held on November 10.  He stated he was happy to see everyone here. 

 

Council Member Feuerstein stated the Planning Commission meets next week. 

 

Council Member Scheid stated the Housing Commission meets Thursday.

 

Mayor Gunderson stated they are looking into mile markers for Rails to Trails.  They are working on the Belding to Greenville, Belding to Lowell, and Lowell to Saranac sections. 

 

Unfinished Business

 

There was no unfinished business.

 

New Business Agenda Item AApproval of Water Street lift station pump repair

 

City Manager Mullendore stated there was a failure with the east pump and the backup pump is being used.  In the event of a power outage, torrential rains, flooding, they are looking at an illegal discharge, with fines up to $10,000 per day.  The pump moves the raw sewage through the mains.  A new pump was around $40,000.  Ernie recommends that the city repair the one that went down.  They have to have a backup pump.  The pump repair would be approximately $28,000. 

 

Council Member Jones made a motion to approve the repair of the Water Street lift station pump, supported by Council Member Scheid.

 

Mayor Gunderson asked that the city manager check on the reference to the rain event in the staff report, as he knows there was some separation of sewer lines in the past. 

 

After discussion, it was decided the city manager will explore having a retro fit pump purchased and used as the secondary backup pump. 

 

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.

 

New Business Agenda Item B – Traffic Control Order – E. Center Street

 

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. 2014-10-50

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING TRAFFIC CONTROL ORDER # 0014-01.

 

WHEREAS,                           Police Chief Dale Nelson, Traffic Engineer for the City of Belding, has requested the approval of Traffic Control Order # 0014-01; and,

 

WHEREAS,                           the traffic order concerns the installation of a “No Parking Between Signs” sign on either side of the driveway at 115 E. Center Street; and  

 

WHEREAS,               the City Council of the City of Belding must approve a traffic

order to make it a permanent addition to traffic control orders.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,

Michigan that pursuant to Subsection 2.53 as amended, of Section

82.26 of Chapter 82 of the Code of the City of Belding, Traffic

Control Order #0014-01 is hereby approved.

 

Mayor Gunderson stated one of the houses of the church was supposed to be taken down when the addition was done.  The police chief should personally talk to the church regarding the sign installation. 

 

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.

 

Public Comments

 

Katherine Henry, 806 Wildlife Trail, stated she has now heard at a few public meetings and during the first portion of public comment, while not named, she was called unethical.  During the September Planning Commission meeting she made personal statements regarding her beliefs and concerns as a Planning Commission member, and on a Facebook page.  Commission Knowlton has spent quite a chunk of time discussing her, the statements were unfounded and the tone of those statements was demeaning.  She wasn’t going to say anything, but she is bringing that to their attention.  Mr. Knowlton spoke as chair.  She has based all decisions with verifiable facts and law, placed them before council, passed them out, included them on a Facebook page, at DDA and Planning Commission, trying to put it in front of everyone, and siting the law.  Everyone will not always agree with her.  She presents verifiable facts and laws.  City government boards find it so important to talk badly about her positions on the concerns she has. The Planning Commission bylaws are not followed, and were not at the August 26 meeting.  The laws and by-laws were outlined in her five page resignation letter.  She does have a spirit of cooperation.  This is going to be her home until she dies.  They will be her neighbors.  She does try to do things in the most cooperative fashion.  Mr. Knowlton speaks negatively about her at public meetings.  She would like them to pay attention to that.  She always does what she thinks is right. She will continue to fight for governmental transparency and accountability.  She will remain respectful, and she wants to be treated with respect in return.  Each of them should remember they are the bosses of the boards.  When boards stray, they have their hands full.  She asked that they give it more consideration.

 

Bill Hammond, 520 N. State, stated if it was him he would buy a new pump and have the old one repaired.  Be back in business, safe and sound.

 

Craig Crebessa, 8079 Storey Rd., stated regarding the review of the city manager, the last review council came out with a failing review, still retained her, and moved forward with working with her.  There was no vote.  The grading scale produced a failing grade but there was no vote.   He would like a vote after her review.  He watched personal attacks at the Planning Commission. Mr. Knowlton did not put the campaign together, Meg did.  $675 was spent on an attorney to say Katherine could lose in court.  They need leadership.  As a small business owner, he has never given a review to a manager, a failing one and given a raise.  He has been self-employed since the age of 25.  How can someone in an important position have two bankruptcies?  He needs to see some leadership tonight.  Council needs to do that.

 

 City Manager’s Comments

 

City Manager Mullendore stated the backhoe caught on fire when working on the VFW water main.  There was significant damage, and it has been on its last legs for a while.  Several other pieces of equipment are held together with rubber bands.  She may bring forward some equipment purchases.  The fire was taken care of with fire extinguishers.  She would not advocate a band aid.  Those are very costly expenditures.  The two bigger trucks need to be replaced, and they can look for used ones without a lot of hours or miles, but those are difficult to locate.  A budget amendment will be needed.

 

Council Comments

 

Council Member Jones stated he apologized for snickering, but it goes to show when it rains it pours, they lost the pump because of age and then the backhoe.  He wished to commend the whole city crew and fire department for keeping the equipment maintained.  They have not been keeping pace with capital improvements.  They have done road repairs.  They have a tight budget.  They need the equipment addressed before too much longer.  He talked to Ron, and Frank Mason said he would help at the athletic fields, but needs money for clay.  He would be happy to go with that.

 

City Manager Mullendore stated she spoke with Frank and he wants to rebuild the mounds and batter’s boxes. 

 

Council Member Jones stated he would like to compliment Chief Moore, Chief Nelson and DPW for keeping the equipment operational.

 

Council Member Feuerstein stated he had heard enough.

 

Council Member Scheid stated he had a question about FOIA.  Why couldn’t she reject the request?

 

City Manager Mullendore stated it couldn’t be rejected.  It was an attorney, client work product. 

 

Council Member Scheid stated it could be rejected because it was from the attorney.  He called Lansing and they sent part of the FOIA.  From an office, it would be attorney/client privilege. 

 

City Manager Mullendore stated in talking with Randy, the invoices are subject to FOIA, including the dollar amounts, but not descriptions. 

 

Council Member Scheid stated it is his opinion that they should be refunded when she has an out. 

Council Member Lallo stated he appreciated all the comments tonight.  They have a tough decision.  He hopes it is a fair decision for everyone.  Turn your clock back Saturday night. 

 

Mayor Gunderson stated the city has been doing capital improvements, including water, sewer, infrastructure and roads.  It is all catching up with them.  He would commend everyone, including Chief Nelson for scavenging parts for police cruisers.

 

Closed Session A – To consider the periodic personnel evaluation of the city manager

 

Council Member Scheid made a motion to enter closed session at 7:45 p.m., 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.

 

Council Member Scheid made a motion to enter regular session at 10:45 p.m., 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 recessed the meeting at 10:45 p.m.

 

The mayor reconvened the meeting at 11 p.m. 

 

Mayor Gunderson stated council completed the 18 month evaluation of Meg.  The overall rating improved from 2.7 to 3.4, on a scale of 1- poor to 5 – excellent.  They discussed strengths and weaknesses and the majority of goals have been met.

 

Council Member Feuerstein made a motion to extend the contract of Meg Mullendore for two years, supported by Council Member Lallo. 

 

Council Member Jones made a motion to table to 90 days prior to contract expiration, to January, 2015, supported by Council Member Scheid.

 

The question on the motion was called and the result of the voting is as follows:

 

            Ayes:               Council Members Scheid, Lallo and Jones.

            Nays:               Council Members Feuerstein and Gunderson.

 

Adjournment

 

Council Member Scheid moved to adjourn the meeting, supported by Council Member Jones.

 

Ayes:                           Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.

            Nays:               None.

           

The Mayor adjourned the meeting at 10:55 p.m.

 

 

 

 

Ronald Gunderson, Mayor

Kareen J. Thomas, City Clerk

 

 

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