REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, April 19, 2016

 

City Manager Memo

 

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, April 19, 2016.

 

Council Member Scheid delivered the invocation.

 

The Mayor led the audience in the Pledge of Allegiance.

 

The Acting Clerk took the roll call:

 

Members Present:        Council Members Dennis Cooper, Mike Scheid, Douglas Feehan, 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, Feehan, Jones and Gunderson

            Nays:               None

 

Public Comments

 

None

 

Consent Agenda

 

  1. Approve Independent Bank Checks 65943 to 66024 in the amount of $139,495.42
  2. Approve Minutes:  Regular scheduled meeting, April 5, 2016

 

Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Feehan.           

 

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

           

Ayes:               Council Members Cooper, Scheid, Feehan, Jones and Gunderson.

            Nays:               None.

           

Reports by Council Liaisons

 

Council Member Feehan met with the Labor Day Committee. They are looking for someone to take over the duck race and dodge ball.

 

Council Member Cooper apologized for being late for the Recreation Board meeting on the 11th. The feedback he is hearing is that it was productive and went very well. It’s on the City website for anyone wishing to make suggestions.

 

Council Member Scheid said there is a Housing Commission meeting on Thursday night.

 

Council Member Jones said there is no Planning Commission meeting until the end of the month.

 

Mayor Gunderson said the DDA meeting had no quorum. Also the Library Board meets next week.

 

Unfinished Business

 

There was no unfinished business

 

New Business

 

A.                Home Occupation Ordinance Amendment – first reading

 

CITY OF BELDING

ORDINANCE NO. 542

 

AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF BELDING BY AMENDING SECTION 1.9 DEFINITIONS AND SECTION 2.24 HOME OCCUPATIONS IN THE CITY OF BELDING ZONING ORDINANCE.

 

            THE CITY OF BELDING (the “City”) ORDAINS:

 

SECTION 1   Amend Section 1.9 Definitions – H, to read as follows:

Home occupation.  A home occupation is a business, profession, occupation or trade that is conducted within a residential dwelling unit by the residents of the dwelling unit, and may be within an attached and detached building accessory to the residence, for the economic gain or support of the residents of the dwelling; is an incidental and secondary use of the residential dwelling unit; and does not adversely affect the character of the structure, lot or surrounding neighborhood.

 

SECTION 2   Amend Section 2.24 – Home Occupations to read as follows; certain sections shall be deleted and the remaining sections renumbered accordingly:

 

Section 2.24 – Home occupations.

The regulations of this section are intended to ensure that the home occupations remain subordinate to the residential use, that home occupations may contribute to the economic well-being of the residents of the dwelling unit, that the residential viability of the dwelling is maintained, and that home occupations shall not be a detriment to the character and livability of the surrounding neighborhood.

 

  1. A home occupation shall be a permitted accessory use to any legally existing or legally existing non-conforming residential dwelling use, subject to the requirement of this section.
  2. Signs for home occupations shall be allowed as permitted by Section 16.4 herein.
  3. Parking generated by the conduct of the home occupation shall be limited to that area of the customary residential driveway, or in that area reserved for parking by the residents of the dwelling unit, or in that area available for permitted on-street parking.  Parking for home occupations within detached single family and two-family residential dwellings shall not be permitted in areas outside the customary residential driveway, except that area available as permitted on-street parking.
  4. No equipment or process shall be used in such a home occupation which creates noise, vibration, glare, fumes, odors, dust, gas, or other nuisance elements, or electrical interference detectable to the normal senses outside the dwelling unit.  In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises.
  5. Visits by customers, clients, or students to a dwelling unit in which a home occupation is located shall be limited to between the hours of 7:00 a.m. to 8 p.m., local time.
  6. Outdoor storage of materials used in the operation of the home occupation shall not be permitted.
  7. The use of a legally existing or legally existing non-conforming residence by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence shall be allowed in the same manner that such instruction shall be allowed in a single-family residence as required by the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.  This does not prohibit the regulation of noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of a residence under this section.
  8. Home occupations that are regulated by the Michigan Cottage Food Law, PA 113 of 2010 as amended are subject to the requirements of this section.

SECTION 3   SEVERABILITY:

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section, or clause of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance will not be affected thereby, and shall remain in full force and effect.

 

SECTION 4   EFFECTIVE DATE:

This Ordinance shall take effect up the expiration of ten (10) days after the date of publication of the Ordinance or a summary of its provisions in a local newspaper of general circulation in accordance with the law.

 

Council Member Scheid made a motion to bring this item to the floor, supported by Council Member Cooper.

 

Discussion

 

City Manager Brown briefly explained what the ordinance is for and why it is now being addressed. He also reported that the City’s hired Planner suggested they not address the home marijuana business at this time due to several issues in the courts rights now and other problems. He suggested the City wait on that particular ordinance. Manager Brown also mentioned briefly the provisions that had been deleted and why.

 

Council Member Cooper said he was going to ask what provisions were deleted, and what spurred addressing the ordinance at this time, but he said his questions were answered by Manager Brown’s explanation.

 

Council Member Jones said that regarding signs there are a couple of court cases re: sizes, etc.  Council Members Scheid and Feehan had no comments.

 

Mayor Gunderson said there does not need to be a vote on this item at this time.

 

Public Comments

 

Bart Lower, 922 Hyland Dr. in Ionia. He said he remembers how vibrant both communities were back in the past. He is running for House of Representatives for the district which includes Belding. He hopes the community reaches out to him with any concerns.

 

Matt Biolette, Municipal Services Manager from Republic. He said they help municipalities work on their game plan, and he just wanted to introduce himself.

 

Brittany Dillon is the new Head Librarian. She is from Greenville, and is excited and happy to be here. She said Belding Library has great staff and great things happening. She hopes to get involved with the schools with a summer reading program. She wants to use her experience to enhance the Library services.  The next Library Board meeting is on Monday at 5:30pm. She is very happy to be part of Belding.

 

City Manager Comments

 

None

 

Council Comments

 

Council Member Scheid said the Community Showcase is this Thursday night. He added that the town is looking pretty good.

 

Council Member Jones said the City is getting ready for the first round of brush and cleanup. City crews will be busy. Watch out for fires.

 

Council Member Feehan had no comment.

 

Council Member Cooper said there are sidewalk issues and asked about the proposed sidewalk study group. City Manager Brown talked about who is on that study group and they are meeting tomorrow for the first time to figure out what is a walkable community and maybe bring a recommendation to Council. Council Member Cooper wondered if there was a resolution and Bruce said yes and how they want to make the improvements. He said that it is the law at this point in time. They want to have a discussion about the implications about all this. Councilman Cooper asked to have copies of any resolutions sent to him.

 

Mayor Gunderson again reminded everyone about the Community Showcase Thursday night, and the City will have a booth. He thanked DPW for getting things in motion for cleanup and summer. Arbor Day is Friday and seedlings will be here at the Depot.  It starts at noon.

 

Adjournment

 

Council Member Scheid moved to adjourn the meeting, 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, Feehan, Jones and Gunderson

            Nays:               None

           

The Mayor adjourned the meeting at 7:25 p.m.

 

 

 

Ronald Gunderson, Mayor

Shelley Mosher, Acting City Clerk

 

 

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