REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, February 16, 2016
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, February 16, 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 Dennis Cooper, Mike Scheid, Tom Jones and Ronald Gunderson
Members Absent: Council Member Jerome Lallo
Council Member Scheid made a motion to excuse Council Member Lallo from the meeting, per Section 4.5(f) of the City Charter, 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, Jones and Gunderson
Nays: None
Approval of Agenda
Council Member Scheid made a motion to approve the agenda as presented, supported by Council Member Jones.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones and Gunderson
Nays: None
Public Comments
There were no public comments.
Consent Agenda
- Approve Independent Bank Checks 65640 to 65711 in the amount of $61,328.13
- Approve Minutes: Regular scheduled meeting, February 2, 2016
- DART – Resolution of Intent to file for financial assistance for FY 2017
- Board of Review Poverty Exemption Guidelines
- Public Park Use Agreement – BYBL
- Public Park Use Agreement – Soccer
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, Jones and Gunderson
Nays: None
Following are the resolutions contained in the Consent Agenda.
C. DART – Resolution of Intent to file for financial assistance for FY 2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN INDICATING THE INTENT TO APPLY FOR FINANCIAL ASSISTANCE, FOR FISCAL YEAR 2017 UNDER ACT NO. 51 OF THE PUBLIC ACTS OF 1951, AS AMENDED.
WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Belding Dial-A-Ride, (hereby known as THE APPLICANT), to provide a local transportation program for the state fiscal year of 2017 and, therefore, apply for state financial assistance under provisions of Act 51; and
WHEREAS, it is necessary for THE APPLICANT, to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and
WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and
WHEREAS, the performance indicators for this agency have been reviewed and approved by THE APPLICANT; and
WHEREAS, THE APPLICANT, has reviewed and approved the proposed balanced (surplus) budget, and funding sources of estimated federal operating funds of $40,313.00, estimated state operating funds of $77,925.00, estimated local operating funds of $40,000, estimated fare box revenue of $33,000.00, estimated other funds (RTAP & Capital Requests) of $91,500, with total estimated of $249,738.00.
WHEREAS, THE APPLICANT, has also requested one replacement bus ($75,000.00) under the capital requests.
WHEREAS, THE APPLICANT, has also requested one replacement roof for depot ($12,000.00) under the capital requests.
NOW THEREFORE, be it resolved that THE APPLICANT hereby makes its intentions known to provide public transportation services and to apply for state financial assistance with this annual plan, in accordance with Act 51; and
HEREBY, appoints Keven Krieger as the Transportation Coordinator, for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51 for 2017.
D. Board of Review Poverty Exemption Guidelines
CITY OF BELDING 2016-02-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
APPROVING THE BOARD OF REVIEW POVERTY EXEMPTION GUIDELINES.
WHEREAS, the Board of Review meets in March each year to consider appeals from property owners regarding the tax assessments; and,
WHEREAS, the poverty exemption guidelines are updated annually to meet federal poverty income standards and maximum threshold of residential value; and,
WHEREAS, the poverty guidelines are as follows:
Persons in family/household Poverty guideline
1 $11,770
2 $15,930
3 $20,090
4 $24,250
5 $28,410
6 $32,570
7 $36,730
8 $40,890
For each additional person $ 4,160
WHEREAS, the following Board of Review poverty exemption guidelines will apply:
1. Applicant must own and occupy the property as a homestead.
2. File a form provided by the City of Belding.
3. Submit federal and state income tax returns for all persons residing in the homestead, as well as copies of any property tax credit returns.
4. Meet federal poverty income standards.
5. Provide driver’s license or other form of identification.
6. Provide evidence of property ownership.
WHEREAS, applicant must meet the requirements of the asset test as follows:
1 Person under 65 years $25,233
1 person 65 years and over $25,233
2 persons under 65 years $31,266
2 persons with householder over 65 $31,266
3 persons $37,301
4 persons $43,226
5 persons $47,721
6 persons $55,295
7 persons $61,328
8 persons $67,363
9 persons $72,959
WHEREAS, under the poverty exemption guidelines the Board of Review may grant up to 100% exemption for one year.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Board of Review poverty exemption guidelines are hereby approved.
E. Public Park Use Agreement – BYBL
PUBLIC PARK USE AGREEMENT
THIS PUBLIC PARK USE AGREEMENT (the “Agreement”) dated as of February 16, 2016, by and between BYBL (Belding Youth Baseball League), a Michigan nonprofit corporation (the “User”), of Belding, Michigan, and the CITY OF BELDING, a Michigan municipal corporation (the “City”), of 120 South Pleasant Street, Belding, Michigan.
RECITALS
A. The City owns Demorest Fields, a public park (the “Park”), within the limits of the City.
B. The User has requested permission to use the Park for the purpose of BYBL and related activities (the “Use”).
C. The City is willing to permit the User to use the Park for the Use subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the respective representations, covenants and agreements contained herein, the parties hereto agree as follows:
1. Use of Park. The City agrees, pursuant to the terms and conditions of this Agreement, to permit the User to use the Park for the Use.
2. Scheduling of Activities. The City shall be responsible for coordinating the scheduling of all regular and special activities of the User and others users at the Park. Annually, before the beginning of regular activities of the User and other users of the Park, the City and all such users shall meet to review the scheduling requirements of all users. The City shall determine the final schedule of activities giving priority, in the event of a conflict, to the activity which will have the greatest number or participants.
3. Maintenance. During the time it has activities at the Park, the User will be responsible for keeping those portions of the park it is using including any restrooms clean of liter and other debris and in an orderly condition.
4. General Maintenance. The City will mow the athletic fields at the Park used by the User once per week as needed during the time such fields are being used by the User and provide routine cleaning and maintenance of the Park’s restrooms and other facilities. In addition, the City will be responsible for all irrigation of fields. The User shall be responsible, under the City’s supervision, for repairing or restoring any damage or deterioration of such athletic fields or park land caused by the Users abnormal use.
5. Concession Permits. If the User operates a concession business during its use of the Park, it shall be responsible for obtaining and keeping current any licenses and permits required by the Ionia County Department of Public Health or other governmental body or agency. User must submit a copy of any licenses and permits required to:
ATTN: City Clerk
Belding City Hall
120 S.Pleasant St.
Belding, MI 48809
The City must have copies of these licenses and permits NO MORE than 48 hours after initial use during the given period of use.
6. Indemnification. The User shall indemnify and hold harmless the City and its officers, councilmembers, board members, agents and employees from and against any and all losses, expenses (including attorney fees), claims and demands sustained by reason of the negligence of the User and its members, volunteers, participants, guests and invitees while using the Park.
7. Term. The term of this Agreement shall begin on February 16, 2016, and end on February 16, 2017.
8. Annual Review. The User and City agree to meet annually each year beginning to review this Agreement and the use of the park(s).
9. Early Termination. This Agreement may be terminated by either party upon written notice to the other party of failure to comply with the terms of this Agreement and continued non-compliance for 30 days after such notice is given. In addition, this Agreement may be terminated at any time with or without cause upon 180 days advance written notice by one party to the other party. Any notice given to the City shall be by first class mail or personal delivery to 120 S.Pleasant Street, Belding, Michigan, 48809, Attention: City Manager and to the User by first class main at (USER ADDRESS) Attention: (USER REPRESENTATIVE). Either party may notify the other of a change in the notice address by written notice in accordance with this paragraph.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto related to the subject matter hereof and there are no other representations, promises or agreements, oral or written, expressed or implied between the parties hereto.
11. Amendment and Assignment. This Agreement may not be amended or assigned without the prior written consent of both parties hereto.
F. Public Park Use Agreement – Soccer
PUBLIC PARK USE AGREEMENT
THIS PUBLIC PARK USE AGREEMENT (the “Agreement”) dated as of February 16, 2016, by and between BASC Soccer, a Michigan nonprofit corporation (the “User”), of Belding, Michigan, and the CITY OF BELDING, a Michigan municipal corporation (the “City”), of 120 South Pleasant Street, Belding, Michigan.
RECITALS
A. The City owns Central Riverside Park, a public park (the “Park”), within the limits of the City.
B. The User has requested permission to use the Park for the purpose of BASC Soccer and related activities (the “Use”).
C. The City is willing to permit the User to use the Park for the Use subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the respective representations, covenants and agreements contained herein, the parties hereto agree as follows:
1. Use of Park. The City agrees, pursuant to the terms and conditions of this Agreement, to permit the User to use the Park for the Use.
2. Scheduling of Activities. The City shall be responsible for coordinating the scheduling of all regular and special activities of the User and others users at the Park. Annually, before the beginning of regular activities of the User and other users of the Park, the City and all such users shall meet to review the scheduling requirements of all users. The City shall determine the final schedule of activities giving priority, in the event of a conflict, to the activity which will have the greatest number or participants.
3. Maintenance. During the time it has activities at the Park, the User will be responsible for keeping those portions of the park it is using including any restrooms clean of liter and other debris and in an orderly condition.
4. General Maintenance. The City will mow the athletic fields at the Park used by the User once per week as needed during the time such fields are being used by the User and provide routine cleaning and maintenance of the Park’s restrooms and other facilities. In addition, the City will be responsible for all irrigation of fields. The User shall be responsible, under the City’s supervision, for repairing or restoring any damage or deterioration of such athletic fields or park land caused by the Users abnormal use.
5. Concession Permits. If the User operates a concession business during its use of the Park, it shall be responsible for obtaining and keeping current any licenses and permits required by the Ionia County Department of Public Health or other governmental body or agency. User must submit a copy of any licenses and permits required to:
ATTN: City Clerk
Belding City Hall
120 S. Pleasant St.
Belding, MI 48809
The City must have copies of these licenses and permits NO MORE than 48 hours after initial use during the given period of use.
6. Indemnification. The User shall indemnify and hold harmless the City and its officers, councilmembers, board members, agents and employees from and against any and all losses, expenses (including attorney fees), claims and demands sustained by reason of the negligence of the User and its members, volunteers, participants, guests and invitees while using the Park.
7. Term. The term of this Agreement shall begin on February 16, 2016, and end on February 16, 2017.
8. Annual Review. The User and City agree to meet annually each year beginning to review this Agreement and the use of the park(s).
9. Early Termination. This Agreement may be terminated by either party upon written notice to the other party of failure to comply with the terms of this Agreement and continued non-compliance for 30 days after such notice is given. In addition, this Agreement may be terminated at any time with or without cause upon 180 days advance written notice by one party to the other party. Any notice given to the City shall be by first class mail or personal delivery to 120 S. Pleasant Street, Belding, Michigan, 48809, Attention: City Manager and to the User by first class main at (USER ADDRESS) Attention: (USER REPRESENTATIVE). Either party may notify the other of a change in the notice address by written notice in accordance with this paragraph.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto related to the subject matter hereof and there are no other representations, promises or agreements, oral or written, expressed or implied between the parties hereto.
11. Amendment and Assignment. This Agreement may not be amended or assigned without the prior written consent of both parties hereto.
Reports by Council Liaisons
Council Member Cooper stated the Rec Board meeting was very productive. Nancy Winzer, from the Port Huron Recreation Department, shared much information, had good ideas and there was a lot of dialogue. There was a lot of benefit. He thanked Bruce and Nancy. They will come to council with something in the near future. He will be really supportive of what they come to council with. They should make it a priority and get a rec program off the ground.
Council Member Scheid stated the Housing Commission would meet on Thursday.
Council Member Jones stated the Planning Commission would meet next Thursday night. There is still a vacancy on the Planning Commission.
Mayor Gunderson stated the Library Board had a special meeting for the Personnel Policies, and they are close to wrapping that up. A rebuild the clock tower meeting will be held tomorrow at 7 p.m. It was given to him and Tom when the other group members stepped away. They will facilitate the meeting tomorrow night.
Unfinished Business
There was no unfinished business.
New Business
- Traffic Control Order #2016-01
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.
RESOLUTION NO. 2016-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING TRAFFIC CONTROL ORDER # 0016-01.
WHEREAS, Police Chief Dale Nelson, Traffic Engineer for the City of Belding, has requested the approval of Traffic Control Order # 0016-01; and,
WHEREAS, the traffic order concerns the installation of signs on S. Bridge Street; and
WHEREAS, the traffic order would include the installation of 25 mph speed limit signs from M-44 to Flat River Trail, Hidden Drive signs south of the St. Joseph Cemetery for northbound traffic and 350 feet north of the south entrance to River Ridge Cemetery for southbound traffic, a Reduced Speed Ahead sign south of Flat River Trail for northbound traffic, and a new post and 55 mph sign 300 feet north of Flat River Trail for southbound traffic; and
WHEREAS, the City Council of the City of Belding must approve a traffic order to make it a permanent addition to traffic control orders.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that pursuant to Subsection 2.53 as amended, of Section 82.26 of Chapter 82 of the Code of the City of Belding, Traffic Control Order #0015-01 is hereby approved.
Council Member Jones stated he would recommend signage prohibiting the braking noise of trucks. A couple of people had complained of the braking noise.
Police Chief Nelson stated he could research it and possibly try to get signs posted to get resolution to the problem.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones and Gunderson
Nays: None
B. Reconstruction of South Bridge Street – Request for Additional Construction Engineering Services Budget
DPW Director Thomas explained the project. The storm sewer and catch basins were installed in the 1970’s. They did not address the concrete under the road at that time. At that time they did not use precast basins. The catch basins have blown out. They need to be replaced with solid concrete structures. The city council wishes to have a walkable community. They had plans for sidewalks. The engineer added sidewalks and curb and gutter to the south edge of River Ridge Cemetery. There will be the cost of storm structures and additional sidewalks, and that will require additional inspections, staking and design engineering services. There will be sidewalks on the west side of the road from Thurman to the south entrance of River Ridge Cemetery. That will take it out to a 12 week project.
Council Member Jones made a motion to approve the request from FTCH for an additional construction engineering services budget of $33,200 (from $62,400 to $95,600) for the South Bridge Street Reconstruction Project, 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, Jones and Gunderson
Nays: None
Public Comments
There were no public comments
City Manager Comments
City Manager Brown passed out the revised Personnel Policy manual. The current one is out of date and was impacted by legal decisions. It has been rewritten. He asked that they please read it over the next couple of weeks. It will be on the March 1, 2016 agenda for adoption. They can still make changes to it. He asked that they look at the job descriptions for department heads. They may have questions. Most of the items come out of the charter, city code or practice. They should look at the qualifications section. There are minimum education and experience levels when they are looking to replace those positions. He would hope they would take a look and give an opinion. He started working for the city one year ago tomorrow. It has been a great experience, and a lot of that is from council being professional. An outstanding staff has stepped up. They are making progress. It is very good he made it through a year. They are making things happen that were overdue. He thanked them for the year and is looking forward to another one.
Council Comments
Council Member Scheid had no comments.
Council Member Jones wished to thank Bruce for the time he has given them and the work he has done. The community is moving ahead in the right direction. Some of the wounds are healing. He thanked all the department heads, as they do a good job for the city. There is some criticism, but they follow the charter and rules and some people do not always want to do that. They are still looking for a Planning Commission member. They are meeting a week from this Thursday.
Council Member Cooper stated the city manager met with B&O about their expansion project, and asked if they were squared away?
City Manager Brown stated they are looking for four to five employees. They want to add 15,000 square feet to the west of the building. They have the financing and plans. He will connect them with the building inspector. New jobs will not be created, but they will be more efficient and effective. They are really jammed in, and need space to do the work they are doing. Council members should stop over and see what they are doing. Sidewalks are required as part of the expansion. They said it would cost about $100,000 for sidewalks. He has an estimate from a concrete contractor that was $19,000. They are trying to figure out what they will do with sidewalks. They can appeal to the ZBA. They will begin construction within the next month or month and one half. It is exciting to see the growth of existing businesses.
Council Member Cooper stated he has heard a lot of comments, and information is a lot more accessible from city hall. It is a breath of fresh air from the past.
Mayor Gunderson thanked Bruce for having Dale and Ernie present to share information. Regarding B& O Saws, in the Master Plan they were supposed to create a walkable community. Bruce is trying to do that. The sidewalk issue is on the forefront right now. He thanked everyone for coming to the meeting.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Cooper.
Ayes: Council Members Cooper, Scheid, Jones and Gunderson
Nays: None
The Mayor adjourned the meeting at 7:30 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
