REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, January 6, 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, January 6, 2015.
Council Member Cooper 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 Jones made a motion to approve the agenda as presented, supported by Council Member Scheid.
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
Gary Knowlton, 840 Morton, stated on the agenda is filling vacancies on the ZBA, or BZA. It is a very important board in local government, with the hearing of appeals, interpretation of the zoning ordinance and considering use and non-use variances. The board authority can trump the city. They must carry out their decision within the guidelines and standards for judicial review. Costly litigation can be the result. They rely on reports from city administration and the zoning administrator. Council should reach a consensus on the process to determine qualified candidates. It may be helpful to review each candidate on what they have expressed. There is no crunch time or pending business. Council has carried out the responsibilities of the ZBA well. The decisions were based on the standards codified in the ordinance. They should carefully and prayerfully make their decision for the benefit for all residents of Belding.
Guest – Audit Report – Peter Haefner, Vredeveld Haefner LLC
Peter Haefner, Vredeveld Haefner, stated his firm prepared the annual audit of financial statements for the City of Belding. There was a management letter of transmittal with the report. Supplementary information was included. They offered a clean opinion, the highest opinion. With the internal controls opinion, there was one material weakness stated on page 103 which is very common with smaller organizations. Next year they will implement a new accounting standard for the pension plan. They will work with the pension providers to disclose the information within the audit report. It will identify underfunded pension plans. He presented slides relative to the audit. He thanked staff for their efforts and stated it was a pleasure to work with them.
Public Hearing – Site Plan Approval for 105 & 121 W. State
Mayor Gunderson opened the public hearing at 7:18 p.m.
Gerald Westgate stated the plan is to remodel the existing WESCO. Construction will last from four to five months. They received Planning Commission approval for a special land use. The existing store and the two adjacent homes will be removed. There will be ADA sidewalks. Pleasant Street, along their property line, will be reconstructed. The pole signs will be removed. The north entrance on Bridge will be for egress only. They are working with MDOT in regards to access on M-44. There will be sufficient parking spaces. The store will be 100% ADA compliant. The exterior lighting will be LED.
Gary Knowlton, Chair of the Planning Commission, stated there was a lengthy review and it was done very carefully. The ordinances set the standards and procedures for site plan approval. The process included a pre-application conference, review by the city engineer, DPW, fire, police, Ionia County Road Commission, the Ionia County Drain Commissioner, MDOT, Planning Commission and City of Belding administration. He would commend JJ and company for providing all the information to make a quality development. The non-use variances were approved. He would commend the ZBA for handling the variances following the standards under the zoning ordinance. There were seven non-use variances, increasing or decreasing a few feet as required by law. There were six standards that they were expected to follow. The Planning Commission voted unanimously on each of those standards. The Planning Commission would like to make a recommendation to city council to approve the site plan and allow them to proceed with their development.
Mayor Gunderson closed the public hearing at 7:28 p.m.
City Manager Mullendore stated it was a very thorough process. There were two site plan reviews done before going to the Planning Commission. WESCO was amenable to the reconstruction of part of Pleasant Street. Seven variances were granted and two special land use permits were granted to allow a service station. It will be better logistically and aesthetically. Staff recommends approval. On the southwest portion of the property there is a fence that affects the neighbor in exiting from their driveway. That process will be facilitated to reach a good resolution.
Council Member Jones made a motion to approve the site plan for 105 and 121 W. State, supported by Council Member Scheid.
Council Member Jones thanked WESCO for their investment and faith in Belding.
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson.
Nays: None.
Consent Agenda
A. Approve Independent Bank Checks 63262 to 63334 in the amount of $81,255.47 and Checks 63335 to 63391 in the amount of $147,261.96
Approve Chemical Bank Checks 6710 to 6723 in the amount of $38,465.45
B. Approve Minutes: Regular scheduled meeting, December 16, 2014
C. Approve Minutes: Closed session, December 16, 2014
D. Appointment of Douglas Lamborne to the Board of Review
E. Appointment of David Mierendorf to the Board of Review
F. Appointment of Marjorie Hansen to the Board of review
G. DART – RTAP Third Party Agreement
H. Schedule of City Council meetings
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Lallo.
Council Member Cooper stated he sees a lot of G & D Electric bills. He asked why they don’t contract with a local contractor, Don Hamblin, for example.
Keven Krieger stated some was for the LED lighting subcontracted from Russell. Some was for supplies.
Council Member Cooper asked why are local contractors not having an opportunity to get the work on the lift station?
Council Member Scheid asked if it went out for bid?
City Manager Mullendore stated a department head can spend up to $1,000. When bidding out services, it is for a project with a cost in excess of $10,000. Department heads approve purchases with her. G & D have worked on the lift stations and have familiarity of the electrical components. They had to go from a three phase to a single phase.
Council Member Cooper stated they must consider people who are invested in our community.
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.
D. Appointment of Douglas Lamborne to the Board of Review
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING DOUGLAS LAMBORNE TO THE BOARD OF REVIEW.
WHEREAS, the current term of office of Douglas Lamborne on the Board of Review expired on 01/01/15; and
WHEREAS, Mr. Lamborne has indicated his willingness to serve another term on the Board of Review.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Douglas Lamborne be appointed to the Board of Review with a term of office to expire on 01/01/16.
E. Appointment of David Mierendorf to the Board of Review
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING DAVID MIERENDORF TO THE BOARD OF REVIEW.
WHEREAS, the present term of office of David Mierendorf on the Board of Review expired on 01/01/15; and
WHEREAS, Mr. Mierendorf has indicated his willingness to serve another term on the Board of Review.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that David Mierendorf be appointed to the Board of Review with a term of office to expire on 01/01/16.
F. Appointment of Marjorie Hansen to the Board of Review
RESOLUTION NO. 2015-01-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING MARJORIE HANSEN TO THE BOARD OF REVIEW.
WHEREAS, the current term of office of Marjorie Hansen on the Board of Review expired on 01/01/15; and
WHEREAS, Marjorie Hansen has indicated her willingness to serve another term on the Board of Review.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Marjorie Hansen be appointed to the Board of Review with a term of office to expire on 01/01/16.
G. DART – RTAP Third Party Agreement
RESOLUTION NO. 2015-01-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE THIRD PARTY CONTRACT BETWEEN THE CITY OF BELDING, DIAL-A-RIDE, AND THE MICHIGAN PUBLIC TRANSIT ASSOCIATION.
WHEREAS, the City of Belding, Dial-A-Ride desires to enter into a third party agreement with the Michigan Public Transit Association, allowing us to access RTAP funding for fiscal year 2014-17; and,
WHEREAS, the duration of the contract will be October 1st, 2014 through September 30th, 2017, for a maximum amount of $4,000.00 (per year); and,
WHEREAS, the City of Belding agrees to adhere to the conditions stated in the contract agreement with the Michigan Public Transit Association; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the third party agreement between the City of Belding, Dial-A-Ride, and the Michigan Public Transit Association is approved.
BE IT FURTHER RESOLVED that the City Mayor of the City of Belding is hereby authorized to sign the third party agreement between the City of Belding, Dial-A-Ride, and the Michigan Public Transit Association.
H. Schedule of City Council meetings
2015
City of Belding
Meeting Schedule
Belding City Council meets the 1st and 3rd Tuesdays of the month at 7 p.m. at the Pere Marquette Depot, 100 Depot. St.
| January 6, 2015 | April 7, 2015 | July 7, 2015 | October 6, 2015 |
| January 20, 2015 | April 21, 2015 | July 21, 2015 | October 20, 2015 |
| February 3, 2015 | May 5, 2015 | August 4, 2015 | November 3, 2015 |
| February 17, 2015 | May 19, 2015 | August 18, 2015 | November 17, 2015 |
| March 3, 2015 | June 2, 2015 | September 1, 2015 | December 1, 2015 |
| March 17, 2015 | June 16, 2015 | September 15, 2015 | December 15, 2015 |
Belding Housing Commission meets the 3rd Thursday of the month at 6 p.m. at Belhaven, 41 Belhaven.
Board of Review meets as needed.
Building Authority meets as needed.
Construction Board of Appeals meets as needed.
Development Area Citizens Council meets as needed.
Downtown Development Authority meets on the 1st Thursday of the month at noon at the Pere Marquette Depot, 100 Depot St.
Library Board meets the 4th Monday of the month at 5 p.m. at the Alvah N. Belding Library, 302 E. Main St.
Museum Advisory Board meets the 4th Tuesday of the month at 4:30 p.m. at the Belrockton, 108 Hanover St.
Planning Commission meets the 4th Tuesday of the month at 6:30 p.m. at the Pere Marquette Depot, 100 Depot St.
Property Maintenance Code Board of Appeals meets as needed.
Recreation Advisory Board meets the 2nd Monday of the month at 6:30 p.m. at City Hall, 120 S. Pleasant St.
T.I.F.A. Board meets as needed.
Zoning Board of Appeals meets as needed.
Reports by Council Liaisons
Council Member Lallo stated the Labor Day meeting would be held next Wednesday at the Bel.
Council Member Jones stated the Planning Commission discussed the site plan approval. There was a zoning variance for School Bel Court. The Build-A-Home had a garage and there can’t be a separate building on a parcel. The property was sold to another individual that lived across the street. It will be recorded on the deed this time.
City Manager Mullendore stated there was a recommendation to put money in the budget to redo the zoning ordinance.
Council Member Cooper stated the Rec Board will be meeting on January 12.
Council Member Scheid stated he was out of town for the Housing Commission meeting.
Mayor Gunderson stated Rails to Trails will meet next Monday night. There will be a special meeting on the 13th. They are trying to get a grant together to finish the corridors. MDOT, DNR and the surrounding townships will be involved.
Unfinished Business
A. City Hall Office Hours
City Manager Mullendore stated 1-1/2 years ago they went to a schedule of 7 a.m. to 6 p.m. The primary reason was the customer service component. It extended opportunities to do business before or after work. People have made positive comments. They were asked to get people to comment, but when someone is upset is when you hear about it. The other issue was the possibility to realize a reduction in overhead. Last year the winter was harsh and there was not a savings in costs. They saw a significant increase in how cold it was. With the upgrades in the individual units for heating and cooling, they are hoping for cost savings. Regarding the customer service component, the non-traditional hours are for those that could not come in previously. There has been no negative feedback in the last six months. It is utilized by at least five people a day that come in before and after. Benefits have been received. She would recommend to maintain the schedule on a permanent basis.
Council Member Scheid made a motion to approve the city hall hours of 7 a.m. to 6 p.m. Monday through Thursday, supported by Council Member Lallo.
Council Member Jones stated it is working out pretty well. Over time he would like to have staffing on Friday. Overall, it has been very well accepted.
Council Member Cooper stated they had asked for reports on savings.
City Manager Mullendore stated the winter was so atrocious they could not determine if there was a savings, but there would not have been anyway, as the boiler automatically kicked on. Electric was a flat line. Regarding the new system, the heat/air units are so new, there has not been enough time to see what the savings are. The LED lighting was finished in the last six weeks.
Council Member Cooper stated the HVAC and LED would save anyway. There are a variety of ways they can accommodate the extended hours, so Meg and Dale are available for business and residents.
City Manager Mullendore stated they are so limited on staff. Department heads do not work the counter. There are two people on a full time basis, and one part time. From a safety perspective, is not feasible. They have had numerous conversations about it. When someone is on vacation, there is only one full time and one part time. They cannot do staggering.
Council Member Cooper stated they could hire another part time individual. This is not a viable option for our city. They have to be open five days to serve the public. Businesses are open five to seven days. It is not as beneficial as they make it out to be. He is against four - tens a day. Stagger or go back to five – eights.
Council Member Scheid had no comments.
Council Member Lallo stated they can’t make everyone happy. This is used by third shift workers. They appreciate the extra hour the office is open. He doesn’t see a problem. It is not broken. It is utilized quite a bit. Businesses appreciate the extra hour.
Mayor Gunderson stated the comments from the public have been positive. He understands what Dennis is saying. A lot of companies hire with four – ten hour work days. He has not heard any negative on this. City hall is used quite often.
Council Member Cooper stated he is part of the younger generation. When they are working four – tens they are not benefitting from the city having four – tens. He wants more traditional work hours. He wants the city manager available Monday through Friday.
Ayes: Council Members Lallo, Gunderson, (Jones and Scheid – but still attempt to find a way to open on Friday moving forward)
Nays: Council Member Cooper
B. Consider approval of a Resolution authorizing Varnum LLP as the Corporate Counsel for the City of Belding
City Manager Mullendore stated in prior times, cities handled their own affairs and District Court was held here. Now entities have to accommodate for changes. The court moved to the county seat. Charters have not been updated to reflect that. They have augmented city opportunities to use a firm with many areas of expertise. Civil infractions are done by Karen McFadden. This would still allow the city to step outside of Varnum for more precise services. With Electrolux, they went to an attorney for that purpose. Staff recommends to have Varnum LLP as corporate counsel.
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. 2015-01-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTORIZING VARNUM LLP. AS CORPORATE COUNSEL FOR THE CITY OF BELDING
WHEREAS, The City Charter mandates through Section 7.7 the appointment of a City Attorney; and
WHEREAS, the City Charter identifies the City Attorney as the legal party that “shall prosecute ordinance violations and shall represent the City in cases before the courts and other tribunals”; and
WHEREAS, the City Charter Section 7.7 was written in 1964 and is regarding the City’s criminal attorney, but affords the opportunity for the City Council to retain special legal counsel; and
WHEREAS, the City Charter Section 7.7 (g) “Upon the City Attorney’s recommendation, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has an interest, or to assist the City Attorney”.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan, that it authorizes Varnum LLP to act as the City of Belding’s Corporate Counsel, until further notice, pursuant to City Charter Section 7.7 (g); this does not preclude the right of the City Council to retain other legal counsel from time to time as it deems necessary for specific assignments.
Council Member Scheid asked if this was a signed agreement with no monetary exchange?
City Manager Mullendore stated that was correct.
Council Member Scheid stated the charter has not changed, but just so they have some type of notice that the attorney will show up. If they need a discussion, they can. It is just a formality.
Council Member Lallo had no comments.
Council Member Jones stated his comments were the same as Mike, as they discussed at other meetings, that they had legal counsel for closed meetings. He was glad to have him here so they don’t violate the OMA. He needs to know what is going on before the meeting. He thinks it is better to have it named.
Council Member Cooper asked Council Member Jones where this came from?
Council Member Jones stated he had emails regarding legal counsel for Varnum to represent the city. He wants them named as legal counsel. He has been the legal counsel for a long time.
Mayor Gunderson stated this was brought up from Council Member Jones asking and then following through with a resolution to put it on the records.
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
New Business
There was no new business.
Public Comments
Mike Henry, 806 Wildlife Trail, stated he applied for the ZBA and would be willing to take any training required.
Craig Crebessa, 8079 Storey Rd., stated he wished to follow up on the mayor comment at the last meeting on how the ZBA was turned around. On May 20, there was a resolution from the city manager. The board was short one member. One was disqualified because two were already on the Planning Commission. They were only one member short. Mr. Benson was not contacted. Sometimes there was a lack of quorum. The board was not contacted to be dissolved. The mayor said if people were there, the board would be reinstalled. It was in the paper on May 22. Bonita Steele and Mike Henry put in applications. They should go back to qualified candidates. He would agree with Mr. Knowlton that it is an important board. They have the people to put the board back in place.
City Manager’s Comments
City Manager Mullendore stated they are working internally to start a list of surplus inventory. They will put the information together. It will be made available to the general public on mibid. Mibid takes 2%, a lower rate than other types of disposal for surplus. She will bring the list to council to dispose of or release. With the equipment purchases that were authorized, they looked at AIS for disposal of the existing backhoe. It has caught on fire and died three times. AIS will give a trade in of $12,000. At the next meeting, that will be on the agenda to authorize a trade in. Ernie felt the city would be lucky to get $10,000 in a bid. The trade in would reduce the capital outlay cost for the backhoe. The city would get more than anticipated with the bidding process. Every department is going through their equipment. City staff, council or family members can get the items through the on line auction at mibid.
Council Comments
Council Member Jones thanked everyone for being here tonight and braving the winter weather. He thanked the city crews that worked extra time to plow. He thanked the finance staff for working with the auditors. There were good comments.
Council Member Cooper thanked Bonita Steele for filming the council meetings. It has been a real hit. Stanton is looking at doing it. He thanked her for volunteering her time. People are enjoying it. He is working for the community. He may need some help.
Council Member Scheid thanked all that applied for the ZBA. It is not one of the best positions to have. He thanked everyone for showing up.
Council Member Lallo stated he had the opportunity to walk in the mall and introduced himself at the tanning salon. The beauty shops were busy. He is looking forward to the Horse’s Mouth coming in. He thanked Joe Feuerstein for his work with WESCO and moving that forward. He thanked Mike Verdun for sponsoring Chamber After Hours and Bonita furnished the beverages. He attended a Housing Commission meeting, and what a great thing is going on over there. He heard kids speak of what home means to them. It touched his heart. He appreciates Mike being the liaison to the Housing Commission. Everyone should look at the calendar and pictures. It makes you more thankful for what you have.
Mayor Gunderson stated on January 28 at 6 p.m. at Orchard Hills administration building the DEQ will answer questions about the Electrolux property. They will put an ad in the paper and will notice the city. He thanked Becky for the audit report and all that have been working with that. It was very favorable for the city. He thanked WESCO for keeping their business in the community. He felt a notice should be sent to some that had water lines that froze last year.
City Manager Mullendore stated they would be sending out a notice to them tomorrow and the city will discount their water bill when they are running their water.
Mayor Gunderson stated on December 23 the community lost John Geisen. He was a long time member of the community. He received three Purple Hearts, as well as a Silver Star, Bronze State, a good Conduct Medal and Combat Infantryman’s Badge. He was known as “Johnny Thunderbird” due to his service with the 45th. He was a member of the American Legion for sixty years. From 1969 – 1974 he was the mayor and member of the city council. He wished to send condolences to the family. Another WWII veteran has been lost. They could see the wall before they passed.
Work Session
A. Review ZBA appointment process and consider applicants
City Manager Mullendore stated at the last meeting there were several comments. Council Member Scheid suggested the ZBA be a hybrid, to look at appointment of members, observe, attend trainings, and turn it over to them upon completion of that. When the appointment is done, they act as the ZBA. She doesn’t know if a tentative appointment would be applicable. Mayor Gunderson said training was available in March. Council should determine the process. Kareen made contacts with the former members. An application was received today. Council Member Jones said review candidates and see if they need more. Council Member Lallo asked for questions to be reviewed. There was a motion to have a work session this evening. The Planning Commission will make a recommendation for one of their members to sit on the ZBA. An application from a Planning Commission member will not have to be filled out. At the next Planning Commission meeting the board will make that recommendation. Gary Knowlton stated he would help with questions. Staff recommends that council review the applications and determine the process. Council must determine if mandatory training would be required. Then that process would take place.
Council Member Jones stated the council members need to review the applications. He asked if there would be a formal interview at a council meeting? He is not sure what questions, other than to be fair and understand their job. He doesn’t know if they can be forced to take classes, but they could recommend it. He hopes to seat the members within the next thirty days, at the first meeting in February. There is nothing at this point for the ZBA to have to consider. They could take their positions after the first meeting in February and attend classes in March. Shelley Gladding has experience on that. He can count six applicants - Dan Blunt Sr., Michael Henry, John Laclear, Bonita Steele, Michelle Cooper, and Shelley Gladding has expressed interest. There would be five board members with two alternates. They have five with one alternate. They could pick up another alternate.
Council Member Cooper stated they have six applicants, and one from the Planning Commission that has experience on the ZBA. The ordinance allows one of council to fill a position. That is five members and two alternates. He wants to appoint them right now. They started it November 18. They have qualified applicants. He doesn’t know what they are looking for. There is nothing on the horizon so they can prepare to sit as the ZBA.
Council Member Scheid stated they have qualified people. Some have been on before. They will need another member.
City Manager Mullendore stated however they would vote at the board level, they would vote the same at council.
Council Member Lallo stated there is a 33 page handbook. There is a lot to go through and take in. He is not sure it is right to just appoint someone considering the legal ramifications of the board. The board can be sued. There is a lot in the handbook. He is not questioning qualifications. His concern is that he wants to make sure everyone will be working with the city manager for guidance. Applicants will be able to ask her questions and he hopes they would do that.
Mayor Gunderson stated he felt they need some questions put together for the applicants. Regarding time frames, the next meeting is January 20. If Gary and Meg could work together on questions to be filled out and submitted back to the city, the questions could come to the council at the next meeting for review. He has concerns with the liability coming back to the city.
City Manager Mullendore stated they can get together. They are scheduled to meet next week to put together the Planning Commission packet. It would come to them at the next council meeting.
Mayor Gunderson stated they could make a decision on February 3.
Council Member Jones stated they could make a decision on the applicants on February 3. Have them in or have them submit questions, whatever the candidate would be comfortable with.
City Manager Mullendore stated the questions would be included in the next council packet. They could approve, add to, or make exemptions.
Council Member Lallo stated the handbook is on line for applicants to review.
Council Member Cooper asked why they needed questions if they are qualified candidates? The board is a liability and can be sued. He asked if litigation had been brought forth? Why drag the process out?
Council Member Scheid stated it would be nice to have questions to see if they have thoughts. If it waits until February 3 it will not kill them.
Council Member Lallo stated there are things going on and a lot of people refuse to communicate back and forth with the city manager. It is no secret on how some feel about Meg. Qualified candidates should be open to contacting Meg for questions and guidance. That is his biggest concern. Meg has an open door policy and they can contact her at any time.
Mayor Gunderson stated they would do questions for the meeting on January 20. Council can review the questions and add to them. Between January 20 and February 3 they will have the applicants fill out the questions and return them so on the 3rd they could do the interviews and appoint them.
City Manager Mullendore stated it would provide an opportunity for others to submit an application until January 20.
Council Member Jones stated the questions and manual should be sent to them to review it and their responsibilities. Candidates should either answer the questions or be here February 3 to interview or answer questions.
Mayor Gunderson stated they could answer the questions in person or complete the questions in writing.
Council Member Jones stated if council feels they are qualified, they could appoint them that night. The manager can verify who can attend the training.
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 8:42 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
