SPECIAL MINUTES
PERE MARQUETTE DEPOT
Monday, August 15, 2016
A special meeting of the City Council of the City of Belding, Michigan was convened in open and public session at 7:00 p.m. on Monday, August 15, 2016.
Mayor Gunderson delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The City Clerk took the roll call:
Members Present: Council Members Brad Miller, Mike Scheid, Tom Jones, Douglas Feehan and Ronald Gunderson
Members Absent: None
Approval of Agenda
Council Member Feehan 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 Miller, Scheid, Jones, Feehan and Gunderson
Nays: None
Public Comments
There were no public comments.
New Business
- Consider a proposed revision to the City Charter and a ballot questions regarding the proposed revisions
The City Clerk read the preamble to the resolution.
Council Member Feehan moved the passage of the resolution and the motion was supported by Council Member Scheid.
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING CHARTER AMENDMENT NO. 1 AND THE BALLOT LANGUAGE FOR CHARTER AMENDMENT NO. 1
WHEREAS, Section 21(1) of the Home Rule City Act (HRCA), MCL 117.21 (1), authorizes a city council to adopt a resolution proposing to amend the city charter by a three-fifths vote of its members-elect, and the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment to be submitted to the city voters for approval at a regular or special election:
Now, Therefore City Council of the City of Belding resolves that:
CHARTER AMENDMENT PROPOSAL NO. 1
1. The Belding City Charter shall be amended as follows:
Section 4.4(f) Each member of a City Board or Commission created by, or pursuant to, this Charter shall have been a resident of the City for at least one year immediately prior to the day of his appointment and shall be a qualified and registered elector of the City on such day and throughout his tenure of office, except that a minority of the members of the Library Board, Museum Advisory Board and Recreation Advisory Board may be non-residents of the City.
2. The current charter section(s) being altered by this amendment provides as follows:
Section 4.4(f) Each Supervisor and each member of a City Board or Commission created by, or pursuant to, this Charter shall have been a resident of the City for at least one year immediately prior to the day of his appointment and shall be a qualified and registered elector of the City on such day and throughout his tenure of office.
3. The ballot language for the proposed amendment shall be as follows:
CHARTER AMENDMENT PROPOSAL NO. 1
Section 4.4(f) Each member of a City Board or Commission created by, or pursuant to, this Charter shall have been a resident of the City for at least one year immediately prior to the day of his appointment and shall be a qualified and registered elector of the City on such day and throughout his tenure of office, except that a minority of the members of the Library Board, Museum Advisory Board and Recreation Advisory Board may be non-residents of the City.
This amendment will allow non-residents to serve on some City Boards and Commissions.
Shall the amendments as proposed by adopted?
Yes _______ No _______
4. The City Clerk shall transmit a certified copy of this resolution to the Governor of the State of Michigan for approval of the proposed amendment and transmit a certified copy of this resolution to the Attorney General of the State of Michigan for approval of the proposed ballot language for the proposed amendment.
5. The proposed amendment shall be submitted to the qualified electors of the City of Belding at the general election to be held in the City on November 8, 2016, and the City Clerk is directed to give notice of the election and notice of registration in a manner prescribed by law and to do all things and to provide all supplies necessary to submit the Charter amendment to a vote of the electors as required by law.
6. The proposed charter amendment shall be published in full, together with the existing charter provision amended as required by law.
Attorney Randall Kraker stated it had come to the attention of the city that there was an issue of non-resident members on the commissions. To address that, they are considering an amendment to the charter. The people of the city would vote on whether to make that change. Council must agree to initiate putting it on the ballot. It is a State statute that they choose to add it to the ballot with a 3/5 vote. There is a process to be followed to put it on the ballot. There is a State schedule for the November election and the question has to be certified to the county clerk tomorrow. They needed the special meeting today to meet that deadline. They still have to send a copy to the Attorney General and Governor’s office for approval. He is pretty confident they will allow it to go forward. There is the minimal risk they could decide it was inappropriate to put it on the ballot. Council will act first and then it will be sent to the county, Attorney General and Governor. They should know in thirty days or less if they approve it. The resolution lays out the legal authority to propose the ballot question. It states how it is now and what the proposed provisions look like. There is direction to the city clerk to transmit a copy to the State of Michigan Governor, Attorney General and County Clerk. With the change, a minority of the members of the Museum Advisory Board, Library Board and Recreation Advisory Board may be non-residents of the city. Council still makes the appointments.
Council Member Miller stated he thought the boards could become a nonprofit.
Attorney Kraker stated that would be a separate action.
Council Member Scheid asked if the Library applies in this, as it is a District Library?
Attorney Kraker stated the State Statute for the District Library would authorize membership within the district. The charter could be read to limit people from the entire district. If the charter was amended, there would be no doubt that they could have non-resident members. With certain boards you cannot do that. The Library is the most gray, but this would make it clear.
Council Member Jones stated when the charter was written in 1965-1967, governmental bodies thought more of themselves having fixed boundary lines. In today’s world, they think of regional or area bodies. With the Central Riverside Park revision they are doing, they discussed a regional draw. Rails to Trails go through town. That is not just a Belding draw, it is a regional draw. He likes the amendment. He might like to see some of the other boards covered by it. With non-resident input, it will only make the city better.
Council Member Feehan stated he had no questions.
Mayor Gunderson stated he understood what Mike said about the library. When they select a new board member, they use the service area for coverage outside the city. They have a hard time filling some boards. He wishes they could fix the problem, rather than have the amendment. The DDA and Historic District Commission do not fall under that. Labor Day is separate, and the city contributes to the fireworks each year. It would be an amendment to the three boards that make recommendations to city council. The charter needs to be gone through and addressed. If this doesn’t make it through the timeline, he would like to have a board to go through the whole charter. He doesn’t know how all the boards are set up, as far as residents. This addresses the issue, not the problem. He asked what Attorney Kraker’s recommendation would be on what they do with nonresidents that are on there now.
Attorney Kraker stated the three boards have non-resident members. There is not an immediate problem with the other boards. If the amendment is adopted, they can still revisit the charter. They could set up a charter revision committee. There must be separate questions when they get to the electorate. For the current members, he would not change that right now. They only make recommendations. They don’t bind the city. It will be on the ballot on November 8. If it is defeated, they will have to address how to deal with people going forward. He has no problem with keeping the members on the current boards until the result of the election.
Mayor Gunderson stated he would hesitate to go to the recommendation boards, and then to the ZBA, and then to city council. Some of the boards are governmental entities that can change taxes and zoning.
Council Member Scheid had no comments.
Council Member Jones stated he had no intention of saying city council. As for ZBA and the Planning Commission, one member on the ZBA owns 55 acres and has substantial investment in the city. He doesn’t know if he should be on the board. He will lose his residency and will have to resign. He has substantial business interest to have the city move forward. They would not want to see Belding fall apart, they want a progressive community. This charter amendment is only for three boards and he wholeheartedly supports that.
Council Member Miller stated he would agree they have a regional viewpoint, in today’s era. The Charter was written before he was born. They are looking at individuals making recommendations. They want the best individuals for that. They actually help with knowledge to move the city forward. If making governing decisions, that has to be a resident. It is written well, in his opinion.
Mayor Gunderson stated he had nothing further.
Council Member Miller made a motion to adopt Resolution No. 2016-08-51 as presented, supported by Council Member Jones.
Council Member Feehan stated there may be some problems with the application process. They could change that process down the road.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Scheid, Jones, Feehan and Gunderson
Nays: None
Council Comments
Council Member Scheid stated this is to have city residents vote on this at the ballot box. The charter is pretty old and could use some polishing.
Council Member Jones stated it would be good for the community. Belding is no longer the city limits, it is also the surrounding areas. He thinks Bruce made inroads working with Otisco Township. It is good to have some outside input. There are a lot of good people in the community to give information and help with decisions.
Mayor Gunderson thanked everyone for coming tonight.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Miller.
Ayes: Council Members Miller, Scheid, Jones, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 7:30 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
