REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, August 4, 2015
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, August 4, 2015.
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 Dennis Cooper, 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 Cooper.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
Public Comments
Joe Feuerstein, 901 W. State, stated he was still disgusted about the ordinance. The manager is in charge of the department heads anyway. This would cause conflict of interest if they vote on it. To the point, it is discriminating on businesses out of the city, with different standards. There is one standard for outside and inside. The country was founded on competition, not favoritism – one over the other. They are not treating people equal. They have laws in the charter, approved by the legislators, signed by the governor. They cannot ignore it, it is law.
Consent Agenda
A. Approve Independent Bank Checks 64597 to 64676 in the amount of $123,044.34
Approve Chemical Bank Checks 6775 to 6786 in the amount of $462,267.69
B. Approve Minutes: Regular scheduled meeting, July 21, 2015
C. Appointment of Bruce Feuerstein to the Museum Advisory Board
D. Appointment of Jan Mehney to the Museum Advisory Board
E. Traffic Control Order #2015-02
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Cooper.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
Following are the resolutions contained in the Consent Agenda.
C. Appointment of Bruce Feuerstein to the Museum Advisory Board
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING BRUCE FEUERSTEIN TO THE MUSEUM ADVISORY BOARD.
WHEREAS, the term of office for Bruce Feuerstein on the Museum Advisory Board will expire; and
WHEREAS, Bruce Feuerstein has indicated that he is interested in serving another term on the board; and
WHEREAS, the Museum Advisory Board members have recommended the appointment of Bruce Feuerstein to the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Bruce Feuerstein be appointed to the Museum Advisory Board with a term to expire on 8/04/18.
D. Appointment of Jan Mehney to the Museum Advisory Board
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING JAN MEHNEY TO THE MUSEUM ADVISORY BOARD.
WHEREAS, the term of office for Jan Mehney on the Museum Advisory Board will expire; and
WHEREAS, Jan Mehney has indicated that she is interested in serving another term on the board; and
WHEREAS, the Museum Advisory Board members have recommended the appointment of Jan Mehney to the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Jan Mehney be appointed to the Museum Advisory Board with a term to expire on 8/04/18.
E. Traffic Control Order #2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING TRAFFIC CONTROL ORDER # 0015-02.
WHEREAS, Police Chief Dale Nelson, Traffic Engineer for the City of Belding, has requested the approval of Traffic Control Order # 0015-02; and,
WHEREAS, the traffic order concerns the installation of:
1. “No Parking” signs on both sides of Pleasant Street, south of the intersection of Pleasant Street and W. State Street for 150 feet
2. No Parking signs on Pleasant St., south to Brown St., on the west side of the street
3. No Parking signs on Brown St. west from S. Bridge St. to the dead end of Brown St., west of Pearl St.
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 #0015-02 is hereby approved.
Reports by Council Liaisons
Council Member Cooper stated the Rec Board will be meeting on Monday, August 10. There is a pickle ball court proposal by an individual that wants to donate the funds.
Council Member Scheid stated the next Housing Commission meeting will be on August 20.
Council Member Lallo stated there was no Labor Day meeting. The Museum Board is working on locations for the barn quilts.
Council Member Jones stated the Planning Commission met on July 28. Janis Johnson from Wade Trim will be working with the commission. They are working on a wayfinding signage program for signs throughout the city. The city manager is pursuing MDOT to pay for all or part of it. They have a seven member committee with five people. Only three were present at the meeting, so they could not do any official business. There are 114 Master Plan strategies in total. They have boiled it down to the top 10-15 and will determine who is responsible for that strategy. They will be working on that. They will be discussing some of the zoning issues, revising some districts and clarifying some zoning districts. They could use help from the community. They need two more members and a replacement for Max Gibbs. The next meeting will be held on August 25. If anyone is interested, they can look at the paperwork and contact Bruce or Kareen.
Mayor Gunderson stated he had not attended any meetings. The DDA meeting is Thursday at noon this week.
Unfinished Business
There was no unfinished business.
New Business
A. Ethics Ordinance – Adoption
The City Clerk read the preamble to the ordinance.
Council Member Scheid moved the adoption of the ordinance and the motion was supported by Council Member Lallo.
AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODIFIED ORDINANCES OF THE CITY OF BELDING BY THE ADDITION OF A NEW SECTION 2-33 – ETHICS, TO ARTICLE II - CITY COUNCIL.
SECTION 1. A new Section 2-33 – Ethics, to Article II is added to Chapter 2 of the Code of Ordinances which shall read as follows:
Preamble
The citizens of Belding are entitled to have fair, ethical and accountable local government that has earned the public’s full confidence for integrity. Furthermore, the effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting operations of the government; that public officials be independent, impartial and fair in their actions and rulings; that public office be used for the public good and not for personal gain; and, that deliberations and processes be conducted openly in an atmosphere of respect and civility.
The parameters set forth below, although directed at the City Council as the governing authority for the City, also apply to all city employees and members of boards, committees and commissions appointed by the City Council to assist them in their work.
Code of Ethics
1. Acts in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, the City Council will work for the common good of the people of Belding and not for any private or personal advantage, and that they will assure fair and equal treatment of all persons, claims and transactions coming before the City.
2. Compliance with the Law. The City Council shall comply with the laws of the Nation, State and the City of Belding in the performance of its public duties. These laws include, but are not limited to the constitutions of the United States and Michigan; the City Charter for the City of Belding; and laws pertaining to financial disclosures, employer responsibility, contracts with public entities, election campaigns, conflicts of interests, the process of open government, Freedom of Information issues, and Open Meetings requirements.
3. Respect for the Process. The City Council shall perform their duties in accordance with the processes and rules of order governing the deliberation of public policy issues and meaningful involvement of the public in the process,
4. Conduct of Public Meetings.
a. The City Council shall prepare themselves for the discussion of public issues, listen courteously and attentively to public input on the issue and focus on the business at hand.
b. The City Council shall refrain from accepting or soliciting any gifts, loans or favors when it may be construed that such gift, loan or favor would positively impact a pending City Council decision related to the giver.
5. Full Disclosure. A member of the City Council shall not act upon any matter of issue in which they have a material financial interest or where they have a legal or fiduciary duty to another organization or personal relationship that may give the appearance of a conflict of interest. The City Council may, however, may accept a gift or honorarium, not exceeding a value of one hundred dollars ($100.00) for services rendered in the performance of their public duties or other activity devoted to the improvement of cities, communities and/or the lives of citizens.
6. Confidentiality. The City Council shall respect the confidentiality of information concerning property, personnel or affairs of the City. They shall neither disclose nor divulge to any unauthorized person confidential information acquired in the course of their duties in advance of the time prescribed for its authorized release to the public by the person or entity from which it was provided.
7. Use of Public Resources. Public resources, including staff time, equipment, supplies and facilities, not available to the public at large, shall only be used to benefit the public and not the City Council’s personal or private benefit.
8. Representation of Private Interests. In keeping with the role as stewards of the public interest, the City Council shall not appear on behalf of private interests of third parties or relatives before the City Council or any board, committee, commission or proceeding of the City.
9. Advocacy. The City Council shall faithfully represent the official policies or positions of the City Council to the best of their ability. When presenting the personal opinions, the City Council shall neither state or imply that they represent the opinions or positions of the City Council or the City of Belding.
10. Policy Role of City Council. The City Council shall respect and adhere to the Council-Manager form of government under which the City of Belding is constituted. Under this arrangement, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, committees, commissions, staff and fellow City Council members. The City Council shall not interfere with the administrative functions of the City or the professional duties of the City staff, nor shall they impair the ability of the staff to implement City Council policy decisions.
11. Positive Workplace Environment. The City Council shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and volunteers dealing with the City. The City Council shall recognize their special role in dealing with the staff and refrain from inappropriate direction or specific orders to subordinates of the City Manager. Because the City Council actions and comments contribute to the environment in which all City employees must work, and in order to create and promote a positive work environment, the City Council must not, either in a public or private setting intimidate, humiliate or otherwise abuse a City employee.
12. Compliance and Enforcement. This Ethics Ordinance expresses standards of ethical conduct expected for members of the Belding City Council, its staff and appointed boards, commissions and committees. The City Council itself shall have the primary responsibility to assure that they fully understand the purpose and intent of this Ordinance and strive to meet the standards set forth herein. Only then can the public we serve continue to have full confidence in the integrity of the government that serves them. As such, all members of the City Council shall have the responsibility to intervene when the actions of a fellow member appear to violate the spirit and intent of this Ordinance. The City Council may impose sanctions on fellow members of the City Council whose conduct does not comply with the City’s ethical standards. Sanctions may include reprimand, formal censure, loss of committee assignments, and/or removal from office. A violation of this Ordinance shall not be considered a basis for challenging the validity of a decision by the City Council.
13. Implementation. As an expression of the standards of conduct for the City Council expected by the citizens they serve, this Ordinance is intended to be self-enforcing. It is therefore imperative that the City Council members are thoroughly familiar with its purpose and intent and embrace its provisions. For this reason, the contents of this Ordinance shall be reviewed with newly elected or appointed members of the City Council. At the first regular meeting in December of each year following their election, incoming members of the City Council shall sign a statement that they have read and understand the provisions contained herein.
Attest
As a member of the Belding City Council, I agree to uphold the Ethics Ordinance adopted by the City Commission on ______, ____ and promise to conduct myself according to the following model of excellence:
1. I WILL recognize the worth of fellow members of the Belding City Council and appreciate their individual talents, perspectives and contributions.
2. I WILL help create an atmosphere of respect and civility where individual members of the City Council, City staff and the public are free to express their ideas and work to their full potential.
3. I WILL respect the dignity and privacy of individuals and organizations.
4. I WILL respect and maintain the nature of confidential and privileged information and opinions acquired as a result of my position as a member of the Belding City Council.
5. I WILL conduct my public affairs with honesty, integrity, fairness and respect for others.
6. I WILL avoid and discourage conduct that is divisive and harmful to the best interests of Belding.
7. I WILL keep the common good as my highest purpose and focus while serving on the City Council as a means of achieving constructive solutions for the public benefit.
SECTION 2. Severability
The various sections and provisions of this Ordinance shall be deemed to be severable, and should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of the Ordinance as a whole or any section or provisions of this Ordinance other than the section or provision so declared to be unconstitutional or invalid.
SECTION 3. Repeal
Any and all Ordinances of the city or any parts or provisions thereof to the extent that they are contrary to or inconsistent with the provisions of this Ordinance are hereby expressly repealed.
SECTION 4. Ramification
All other provisions of the Code, except as herein modified or amended, are hereby expressly ratified and affirmed.
SECTION 5. Publication and effective date
This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
Council Member Scheid stated he has no problem with it, as it is common sense. He would like gifts scratched.
Council Member Lallo stated there are penalties in the charter. They could add penalties to this. They will have to self-govern this. They have to abide by the provisions in the charter.
Mayor Gunderson stated the charter says there are sanctions.
Council Member Jones stated this will help keep all of them honest to pay attention to what they are doing and work for the best of the city. As Joe said, the charter comes first. This ordinance is secondary to the charter. He does understand it is self-policing with the city council. He would hope it would also move into the other groups and boards. They should keep in mind they are here to work for the betterment of the city.
Council Member Cooper stated it is good there is a compilation of the ordinance, with documents in one place. It is a bit redundant. They can find some in local or state law or the charter. As a council they can spend time in a more productive manner than discussing ethics. People voted them in because of who they are. It will be used as an accusatory document to attack people on boards and not something the city needs.
Mayor Gunderson stated he has no issue with this policy except Section 4, where it is self-controlling. It falls back on the mayor and he would personally like to see penalties listed in there. They should agree on the sanctions, depending on severity. He would like to see that in place before he actually votes on it. It is a lot of responsibility coming back to one person. Without guidelines or parameters, how would they actually know? The charter says sanctions can be done. There should be another Section 4 for sanctions. Look at MML, as the city uses them as a guideline. He has no issue with the rest of it. That responsibility on one person with nothing in writing is an awful lot to ask.
Council Member Scheid made a motion to table the ordinance until it can be adjusted or rewritten, until council agrees with it, supported by Council Member Jones.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
B. Local Preference Ordinance – Adoption
The City Clerk read the preamble to the ordinance.
Council Member Jones moved the adoption of the ordinance and the motion was supported by Council Member Lallo.
AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODIFIED ORDINANCES OF THE CITY OF BELDING BY THE ADDITION OF A NEW SECTION 2-396 – LOCAL PREFERENCE, TO ARTICLE VI – FINANCES, DIVISION 5 – PURCHASES, CONTRACTS AND SALES.
SECTION 1. A new Section 2-396 – Local Preference, to Article VI – Finances, Division 5. Purchases, Contracts and Sales, is added to Chapter 2 of the Code of Ordinances which shall read as follows:
Preamble
A Local Preference program does not necessarily mean that higher costs, but it does require that we shift some of our spending to independently owned local businesses. Statistics show a number of advantages to Local Preference such as:
· For every dollar spent at a local business, 68 cents is reinvested locally whereas 15-43 cents is invested locally by large chain stores; and nothing is invested locally from on-line sales.
· Local shops and businesses traditionally invest more in the community in which they are located.
· Shopping locally saves time and money.
· Shopping locally retains the area’s uniqueness.
· Local shops know and value their customers.
· Shopping locally creates jobs…small locally owned businesses are the largest employers in the United States.
· Local businesses frequently purchase from other local businesses. Purchasing local goods and services helps grown area businesses as well as the community’s tax base.
· Local businesses contribute more money to local charities and projects than non-local owners.
· Local businesses are owned by people who live in and support the community are less likely to leave and are more invested in the community’s future.
· Local businesses often hire people with more specific product or service expertise.
Given these advantages, it is the desire of the City Council that the City of Belding formally define its position on Local Preference programming.
Policy
It shall be the policy of the City of Belding to use Local Preference when purchasing goods and services on behalf of the city.
The only exceptions to this policy are:
Price – where the cost of the good or service from a local business exceeds 5% over the cost offered by a non-local business.
Availability of the item – where an urgency exists that requires purchase of a good or service currently unavailable locally.
Past experience with the vendor – where it has been demonstrated by past experience that the local vendor has consistently failed to meet quality and/or performance standards required by the city.
Time sensitive issues – where an emergency requires the purchase of a good or service from whomever has it readily available.
Quality of the product – where experience and/or history indicates that an inferior product is being offered.
While discretion is given to the department head regarding the legitimacy of these exceptions, the City Manager shall monitor purchases on behalf of the City of Belding to assure that the Local Preference policy is vigorously enforced.
A Local Preference company is defined as:
Where the Owner, Franchisee or Manager has their residence in the City of Belidng, and/or
Where the business is physically located in the City of Belding
The City Manager will perform a semi-annual review of purchases to determine that this policy is enforced throughout the organization.
SECTION 2. Severability
The various sections and provisions of this Ordinance shall be deemed to be severable, and should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of the Ordinance as a whole or any section or provisions of this Ordinance other than the section or provision so declared to be unconstitutional or invalid.
SECTION 3. Repeal
Any and all Ordinances of the city or any parts or provisions thereof to the extent that they are contrary to or inconsistent with the provisions of this Ordinance are hereby expressly repealed.
SECTION 4. Ramification
All other provisions of the Code, except as herein modified or amended, are hereby expressly ratified and affirmed.
SECTION 5. Publication and effective date
This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
Council Member Lallo stated in the preamble it says it would save time and money. They would spend more to shop local at times. If they are talking thousands in a given year, it is a problem and they need to look at that. When they try to balance a budget, they buy locally, exceeding a certain amount. There are local small shops, too. If they purchase pizza from one, how about the other? What describes business? A home business vs., commercial business. A lot operate out their homes. How do they differentiate a home business or commercial business?
City Manager Brown stated businesses all have the same challenges.
Council Member Jones stated although there is 5% over clause for local business, most will be competitive. Local business will pay taxes. He would like to see a review in 12 months, after this budget year, to see what it costs them. It would show businesses in town they want to support them and show new people coming to town with new business, that the city wants to support them, and not just have the low bid. There could be a limit of 5% on a product or job. They will be competitive with different products.
Council Member Cooper stated it is an absolute no brainer, and they don’t need an ordinance or policy. They should shop locally. They would have 5-10% leeway in spending. It could add 10% over to what they are spending. In most cases, that won’t be the case. That is who Belding is. Those people are not here. That is the bottom line.
Council Member Scheid stated he would recuse himself because of the business in town. All businesses pay taxes here. If they can be competitive, they should be used. It is nice to have people who work for the city at least try to use local businesses. If they can’t get really close, he would understand that. They all go out of town to buy stuff because they don’t have it here. A lot can be ordered. They do it as a service to the community.
Mayor Gunderson stated they set the budget and he has an issue with them now saying they can go over the budget. They have eliminated a lot of expenditures from all departments to balance the budget. The department head would not go outside of that to spend more. They have to do budget amendments for unexpected things coming up. He is concerned about the cost of doing this and what are the ramifications if they adopt this? How do they keep track of buying this stuff? Jerry mentioned this. Do they take bids, and there are ramifications with that. If one of the companies bid, one loses out. If a department head knows they can get it, they go get it. They should keep it local whenever possible. Some businesses have helped the city out throughout the years. He is not opposed to keeping it local. When bidding on the bigger ticket items, it needs three bids. No one is purposely driving out of town to save money. The cost of overseeing this will have to be done by department heads, too. The amount of time it takes to do that is a consideration. Companies look at demographics and facts that they could compete. By doing this with local businesses, will they have to give tax breaks to move into Belding? Where does it stop? It is pressure on the city manager and department heads. He likes the 12 month period for the fiscal year.
Council Member Jones stated Mike said he would not vote. There are two parts stores in town. He does not own the business or building. Mike said quite often it may not exceed 5%. They do work on a shorter margin on a special order item. It is good to show local businesses they want to support them.
Council Member Cooper stated if it is pizza, it goes back into the city either way. For enforcing this, council will oversee the policies and direction and that this is being enforced. They will correct the city manager if needed. He is not tied to Cooper Mechanical, as he does not own any part of it.
Council Member Scheid stated he would recuse himself if people think he should. It is a balancing act. He doesn’t care about the 5%, as long as businesses are competitive. They should figure in transportation in it. The more they keep in town, the better for the town.
Council Member Lallo stated the city makes up a small percentage of what people make. This falls back on the whole community. It falls on the city and community, as well. Citizens should support local as well, to keep business alive. They put Bruce in place to trust him. They will continue to look to him and could wait 12 months. Regarding voting, he had the opportunity to read the MML ethics guidelines, and there are things in there about voting and ownership interests. If anything happens, MML would represent the city. Some may say they never should have voted. He asked if they should go to MML to see if business should vote on it? If they vote for a business they work at, why can’t the ZBA? It doesn’t look good.
Mayor Gunderson stated since council agreed that between the city manager and mayor they could get an opinion from the attorney, they did get an opinion. Everyone here can vote on it. They also have the right to recuse themselves.
Council Member Jones stated for Jerry’s example, say of putting sidewalks in front of their business and not O’Reilly, they would recuse themselves. They work for the whole city. With Parts Plus and O’Reilly, it affects them the same way. They do not want preference, just a bid on it to see if they can be competitive on it. The zoning issue would be more specific to a particular business. This is general for all businesses in town.
Mayor Gunderson stated he likes the idea of evaluation or review in a year. He still has concerns about the implication on the city, with things they may not be aware of right now. He is not opposed to keeping things local. If Bruce keeps track and department heads do their job, he has no problem. He is concerned about the ramifications. Slip ups will happen.
Council Member Scheid stated it should become a policy, not an ordinance for the time being. Get the bids for a trial period.
Council Member Cooper stated that was suggested at the last meeting, to have a policy. He is confused about ramifications in the future.
Mayor Gunderson stated it is just the unknown. A policy is a lot more palatable at this point.
City Manager Brown stated they could downgrade to a policy, from an ordinance.
Council Member Jones stated it would be harder to track as a policy. He wished to change his motion to adopt the document as a policy with a review at the end of the current budget year, supported by Council Member Lallo.
The question on the policy was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
C. Approval of the low bid by Fishbeck, Thompson, Carr and Huber for engineering design of the South Bridge Street project
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 Cooper.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AWARDING THE BID TO FISHBECK, THOMPSON, CARR AND HUBER FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR THE SOUTH BRIDGE STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $104,600
WHEREAS, the South Bridge Street Reconstruction project has been approved for funding by the MDOT Small Urban Program for the construction years of 2016 and 2017; and
WHEREAS, South Bridge Street is classified as a major street through the National Functional Classification and this street reconstruction project is of the highest priority to the City of Belding; and
WHEREAS, bids were solicited for design and construction engineering services for the project; and
WHEREAS, Fishbeck, Thompson, Carr and Huber was the lowest responsive and responsible bidder for the engineering services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan, awards the bid for design and construction engineering services for the South Bridge Street Reconstruction project to Fishbeck, Thompson, Carr and Huber in the amount of $104,600.
DPW Director Thomas stated all of the engineering firms bidding have done projects in Belding. The low bid was from Fishbeck at $104,600, followed by Fleis & VandenBrink at $121,600 and Williams & Works at $159,000. After review, the difference that happens on every job is that it comes to the time they spend to do inspections on the project. Fishbeck and Fleis estimate the project to be 8 weeks long. Williams & Works is estimating at 12 weeks long. Many things can drag the project on. If completed in 8 weeks, the inspector will be out there 8 weeks with wrap up. Fleis & VandenBrink’s inspection time is higher than the other two companies. He talked to all of the engineers. They may run into hidden things to slow the project down. Two firms said they should be able to be completed in the 8 week timeframe. All firms have worked in the city and he has a good relationship with all of them. It is in the city’s best interest to take the low bid. There will be an overage if the project is over 8 weeks. The money is budgeted in the Capital Improvements Fund. The city will receive two $375,000 grants. The project is estimated at $1,400,000. The city pays 100% of engineering.
Council Member Jones asked if he could tell them what the area is?
DPW Director Thomas stated it starts at M-44 and continues south to Flat River Trail. They are looking at sidewalks on both sides of the road. The road is not lined up with the right of way. There would be a minimum of a 5 ft. sidewalk down the east side to South St. On the west side it would be to Thurman St. There will be a curb and gutter transition at some point depending on the cost. There are no water and sewer improvements except storm sewer. There is one problem area with storm going into the sanitary sewer. They are trying to identify infiltration. S. Bridge St. is concrete and will raise the cost to excavate. It will need a sand subbase. There will be a detour set up. They are aware of the two funeral homes here. They will get the funeral processions there by working with the funeral homes.
Council Member Jones stated if the budget comes in low, it would be nice to have sidewalk to the cemetery.
DPW Director Thomas stated they could put that on as an alternate – delete. He has advised WESCO that they will be inconvenienced with truck deliveries that would come out on Bridge Street. They will do everything they can to accommodate that. Local residents may not be able to access their driveways every night, but the contractors will work with them.
Council Member Lallo asked if there were any special provisions? Would they get a bonus to finish early?
DPW Director Thomas stated he doesn’t think they can accomplish it quicker. The concrete will be an issue. MDOT requires that the engineer be chosen for design. That will be approved by MDOT and there will be a bid letting, hopefully in January, but possibly in February or March.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
D. Approval for Councilman Lallo to pursue the development of a Dog Park on City property pending approval of the site by the Recreation Advisory Board and pending a campaign to raise private funds for the development and maintenance of the facility
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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING COUNCILMAN JEROME LALLO TO PURSUE THE DEVELOPMENT OF A DOG PARK ON CITY PROPERTY.
WHEREAS, Councilman Jerome Lallo has expressed interest in pursuing the development of a Dog Park on City property; and
WHEREAS, the site chosen must be approved by the Recreation Advisory Board; and
WHEREAS, a campaign must be initiated to raise private funds for the development and maintenance of the facility.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Belding, authorizes Councilman Jerome Lallo to pursue the development of a Dog Park on City property, pending approval of the site by the Recreation Advisory Board and pending a campaign to raise private funds for the development and maintenance of the facility.
City Manager Brown stated it would measure approximately 100’ x 200’ for small and large dogs. It would be similar to Lowell, about ½ - 1 acre. Jerry and staff would have to look at possibilities and then bring it back to council.
Council Member Lallo stated he met with the Rec Board and they were in favor of it, it was a very positive atmosphere. Lowell gets a lot of business from the dog park. It would get visitors here. It would be privately funded. He must get this going officially. The city could grab the trash. A committee would maintain and upkeep the property. Nothing else would be a city responsibility, except trash pickup. He needs approval, to then contact local veterinarians.
Council Member Cooper asked where it would be on Demorest?
Council Member Lallo stated it would be on the south side of the concession area, in front by parking.
Council Member Cooper asked how the funds would be raised?
Council Member Lallo stated there would be donations from private and local businesses.
Council Member Cooper asked if perpetual funds would be set up?
Council Member Lallo stated they would continue to solicit funds to continue operations.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
E. Final approval of an Agreement with Wade Trim to provide planning services to the Planning Commission
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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WADE TRIM.
WHEREAS, on June 16, 2015 the City Council approved a Professional Services Agreement with Wade Trim for planning consultant services; and,
WHEREAS, the agreement will be executed with the following changes:
1. The monthly retainer will be $475.00, instead of the $450.00 reported.
2. The requirement for an allowance in advance for Additional Services that might be requested by the Planning Commission has been eliminated.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the amended Professional Services Agreement with Wade Trim be approved for planning consultant services.
City Manager Brown stated the original agreement had to be amended, with a monthly retainer of $475, and a section that was deleted regarding a retainer they could draw against.
Council Member Jones stated he was comfortable. The Planning Commission was introduced to Janis Johnson who was very knowledgeable and has many years of experience. She has been with Wade Trim for 4-5 years.
Council Member Cooper inquired about three bids.
City Manager Brown stated the low bid was for a single planner working out of his home. He has been a planner in Grand Rapids for quite some time. The high bidder was Williams & Works. The low bidder did not have backup, and it would be limited to his experience. When they look at the master plan and zoning ordinance, Wade Trim had the background and backup that he does not have.
Council Member Cooper asked who they felt should have the bid?
Council Member Jones stated they thought Wade Trim was the one to go with in this community.
City Manager Brown stated the Planning Commission reviewed the proposals and recommended Wade Trim.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones, Lallo and Gunderson
Nays: None
Public Comments
Robert Benson, 228 Putney, read the following statement:
I would like to take this opportunity to thank our city employees for their efforts to make this a better place to live. I would also like to thank those who serve the community as council members, planners and volunteers. We often forget that there is a lot of time invested in training, meetings and study to do what needs to be done. Having once served as alternate on the zoning board of appeals I realize the training and time required to do what you do for Belding.
What I would like you to address is. When the cost of a sidewalk that may or may not have a connecting sidewalk is added to the cost of improvement it prevents the improvement from being done. Often significant trees would have to be removed along with utility poles. Variances have been granted in the past and as I look about there have been driveways and other improvements made without the sidewalk in the interest of fairness to all, this ordinance should be eliminated. If people were allowed to make improvements without the additional cost of a sidewalk it would increase the value to property and thus tax revenue. I do expect a response and explanation as to why this ordinance would be right for Belding.
Jeff Hunter, 6002 Zahm Rd., stated they should have comments for things they discuss. The whole thing about buying local, is this for businesses in town? Would it be for Belding addresses? If they have a construction project, will they buy lumber from Self-Serve or Menards, knowing the quality? They will get in a bigger mess than they want to. Regarding the project on S. Bridge St. He knows the road better than anyone in town, so what is wrong with the design of road? Why have sidewalks and curb and gutter? It is wasting his money. There is a plenty wide shoulder. They cannot put a sidewalk across the bridge unless they put a bridge in. Some people on the road will be ticked that they go through their yard with sidewalk. There is no problem with design. Curb and gutter controls water flow. It never floods.
Sam Mason, 516 W. May St., stated on buying local, it is basically a conscience thing. It is what the people want. Give everyone an option. Split up the business. They all have different products. He won a contest from Sam’s Club in August. Small business is about personality in how you succeed. It is in preference and conscience.
Joe Feuerstein, stated he appreciates changing it to a policy, rather than a law.
City Manager Comments
City Manager Brown had no further comments.
Council Comments
Council Member Lallo stated buy local will be a community effort to keep business in town. He asked that everyone shop local first if they have the opportunity. Gus Macker exceeds everyone’s expectations. There were the most teams since 1998. It is amazing how many people come to town, many first time visitors. He would like to have a way to keep people in town after the tournament, to attract them. It is a great opportunity for businesses to promote themselves. They could piggyback on what Gus Macker does. Some cities have community events during and after the event. There were volunteers pulling up weeds and taking ownership in the community. He and Bruce went to pick up trash. He would like to nominate Logan Ostrander for a Good Neighbor Award. There was a good turnout.
Council Member Jones stated there are three openings on the Planning Commission. They need people to step forward on that. He thanked all the volunteers for Macker, the clean-up and weed pulling for the gardens around the mall. Bruce is working on ideas to ease the maintenance of some of those areas. He wished to invite Mr. Benson to come to the August 25 Planning Commission to discuss this. He asked the city manager to put it on the agenda for discussion. He is kind of a supporter of sidewalks, but understands the investment. In some areas in town, due to narrow roads, he can’t believe people do not get hit. He sees kids walking down the streets with no sidewalks, and they are in the street. For adults and kids, there are areas that sidewalks and bike trails are needed. Some areas do not make sense. He thanked everyone, as it was a good, productive council meeting, with good discussion and input.
Council Member Cooper stated Mr. Benson expressed interest in the city. He was really disappointed in the last council meeting, particularly that there was an ethics ordinance discussed and it was not brought to his attention. If there was a situation, it was brought to a public meeting with an obvious attack. He was quite disappointed. He wished as a community they could use time more productive than how they are currently using it.
Council Member Scheid stated he thinks the city should maintain the sidewalks, not the property owners. A few years back, the city made people fix sidewalks. They need sidewalks, but it is the property they pay taxes on and have no control over it. He thinks it is a city responsibility. It should be viewed as a street walkway. He thanked everyone for coming tonight.
Mayor Gunderson stated Bruce will have his evaluation at the next meeting. He thanked everyone for coming and giving up their time and giving input. He thanked everyone for their prayers and cards for his surgery and the loss of his son.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Cooper.
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
The Mayor adjourned the meeting at 8:32 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
