REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, May 3, 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, May 3, 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, Douglas Feehan 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 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
Public Comments
There were no public comments.
Consent Agenda
- Approve Independent Bank Checks 66025 to 66080 in the amount of $52,684.13 and Checks 66083 to 66123 in the amount of $87,227.10
- Approve Minutes: Regular scheduled meeting, April 19, 2016
- Approval of MDOT Contract – S. Bridge Street Project
- Municipal Employees’ Retirement System of Michigan – transfer and termination resolution
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, Feehan, Jones and Gunderson.
Nays: None.
Following are the resolutions contained in the Consent Agenda.
C. Approval of MDOT Contract – S. Bridge Street Project
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE APPROVAL OF THE MICHIGAN DEPARTMENT OF TRANSPORTATION CONTRACT FOR THE ROADWAY CONSTRUCTION WORK ALONG SOUTH BRIDGE STREET FROM FLAT RIVER TRAIL NORTHERLY TO HIGHWAY M-44 AUTHORIZING THE MAYOR, RONALD GUNDERSON, AND THE CITY CLERK, KAREEN J. THOMAS, TO SIGN THE CONTRACT.
WHEREAS, the Michigan Department of Transportation (MDOT) has awarded the City of Belding a grant for roadway construction work along South Bridge Street from Flat River Tail northerly to Highway M-44; and
WHEREAS, MDOT has provided a Contract outlining responsibilities for MDOT and the City; and
WHEREAS, the Contract has been reviewed and appears to be in order, and protects the interests of the City of Belding; and
WHEREAS, the Agreement must be executed to receive funding in the amount of $750,000 for the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Belding Michigan, does hereby accept the terms of the Contract as received from MDOT.
BE IT FURTHER RESOLVED that Ronald Gunderson, Mayor, and Kareen J. Thomas, City Clerk, shall be authorized to sign Contract #16-5163 on behalf of the City of Belding.
D. Municipal Employees’ Retirement System of Michigan – transfer and termination resolution
RECITALS
WHEREAS, City of Belding a political subdivision of April 19, 2016 (hereinafter referred to as the “Employer”) has established one or more welfare benefit plans to provide for the security and welfare of its eligible employees (hereinafter referred to as “Participants”), their spouses and dependents through payment for life, sickness, medical, disability and other similar benefits through insurance and self-funded reimbursement plans (collectively, the “Plan”);
WHEREAS, the Employer and Municipal Employees’ Retirement System of Michigan
(hereinafter referred to as the “Trustee”) have entered into a Declaration of Trust dated April 19, 2016 (hereinafter referred to as the “Trust”) to hold assets and income of the Plan for the exclusive benefit of Participants, their spouses and dependents;
WHEREAS, establishing the Trust is an essential function and integral part of the exempt activities of the Employer to assist Participants, their spouses and dependents by making contributions to and accumulating assets in the Trust for post-retirement welfare benefits under the Plan;
WHEREAS, under the Trust, the Employer reserves the right to alter, amend or terminate the Trust, provided that no payment upon such action would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of Participants, their spouses and dependents pursuant to the provisions of the Plan;
WHEREAS, the Employer desires to terminate the Trust and transfer the assets of the Trust to a new successor trust and appoint a successor trustee (which may be the same person or persons as the Trustee);
NOW THEREFORE, the Employer hereby adopts the following Transfer and Termination Resolution with respect to the Trust:
TRANSFER AND TERMINATION RESOLUTION OF MUNICIPAL EMPLOYEES’ RETIREMENT SYSTEM OF MICHIGAN
ARTICLE I – Definitions
For purposes of this Transfer and Termination Resolution, capitalized terms shall have the meanings set forth in the Declaration of Trust unless otherwise expressly provided.
ARTICLE II – Transfer to Successor Trust
2.1 The Employer hereby directs the Trustee to transfer all Trust assets to a successor trustee (“Successor Trustee”). The Successor Trustee may be the same person or persons as the Trustee. Such transfer shall occur as soon as practicable after the date of adoption of this Transfer and Termination Resolution, but no earlier than the date the Employer, Trustee, and/or Administrator have made a proper accounting of all Trust assets held in the Accounts.
2.2 The transferred assets shall be held in a successor trust which has been established between the Employer and the Successor Trustee (the “Successor Trust”). The Employer agrees that the Successor Trust provides:
(a) The assets of the Successor Trust shall be held for the exclusive benefit of Participants, their Spouses and Dependents.
(b) The Successor Trust will establish an account in the name of each Participant and the assets held in each Participant’s Account under this Trust shall be transferred to the account for such Participant in the Successor Trust for the exclusive benefit of the Participant, his Spouse, and Dependents.
(c) No amount held in such account for a Participant will be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee or assignee of the Employer, the Trustee, the Successor Trustee, or any Participant or Beneficiary.
(d) Upon termination of such Successor Trust and upon satisfaction of all liabilities under the Plan to provide Plan benefits, any amount of Employer contributions, and earnings thereon, remaining in such accounts must, under the terms of the Plan, be returned to the Employer.
2.3 The Successor Trustee has been duly appointed by the Employer and agrees to accept such transfer of assets and to hold title to the Trust assets pursuant to the Successor Trust.
ARTICLE III – Duties of Trustee
3.1 In accordance with Section 6.4 of the Declaration of Trust, the Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages, or reasonable expenses of whatsoever kind and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the direction of the Employer or its agents and subagents pursuant to this Transfer and Termination Resolution or (ii) any disbursements of any part of the Trust made by the Trustee to the Successor Trustee in accordance with such directions. The foregoing shall not be viewed as amending or altering any other indemnification provided by the Employer, Administrator, or Trustee under the Declaration of Trust, which shall continue and be in full force after termination of the Trust.
3.2 Upon termination of the Trust as provided in Article IV, the Trustee shall be deemed discharged of all duties and responsibilities under the Declaration of Trust.
ARTICLE IV – Termination of Trust
The Trust is terminated, effective as of the later of the date that all parties hereto have executed this Transfer and Termination Resolution or the date that all assets have been distributed to the Successor Trust.
ARTICLE V – Limited Effect
Neither the modification and termination of the Trust hereunder nor the establishment of the Successor Trust shall be construed as giving any person covered under the Plan or other person any legal or equitable right against the Trustee, the Successor Trustee, the Administrator, the Employer, or any officer or employee thereof, except as may be expressly provided in the Plan.
Reports by Council Liaisons
Council Member Cooper stated May 9 is the next Rec Board meeting. On May 16 there will be a Park Planning Workshop with JJ&R at the Belrockton at 6:30 p.m.
Council Member Scheid stated he got to the Housing Commission meeting as it was ending, after attending the Community Showcase. There are a couple of empties. They are working with a firm to decide what to do with some of the buildings as they are past their life expectancy and they have to do something with them. It will be a long process.
Council Member Jones stated the Planning Commission met on April 26 with four members present. Shelley Gladding had an excused absence. The minutes were approved and he gave the city council report. There was an application from Sam Mason but they forgot to notify him of the meeting. That will be handled at the May 24 meeting. They granted preliminary approval for a used car lot at 1135 W. State. Gary announced he would step down after the May meeting. They are looking for another member. Ken Krueger has resigned. City Council should consider scaling down the board from seven to five members. Some meetings they don’t have a quorum. However the procedure is, he would recommend dropping down to a five member Planning Commission. The Sidewalk Committee, including himself, Ron, Gary, John and Bruce, had a meeting on April 20. They reviewed land use, sidewalk language, and got a rough estimate of the cost for a normal lot for sidewalk. They will determine the needs, review the pathways in town, and try to figure out if there should be targeted and non-targeted areas. They had another meeting last Wednesday. They want to find out how to start a walkable community. He wishes to connect the dots with the sections of the pathways that are missing. John suggested having four quadrants, with M-44 and Bridge as the dividers. They could start with one quadrant. They could start a sidewalk program, or delay enforcement and encourage people to do it. The city could put $5,000-$10,000 for 50/50 matching funds for sidewalks to help residents. There will be another meeting tomorrow at 3 p.m. in Bruce’s office. Bruce is looking at funding sources, grants, private funding and budget support.
Council Member Feehan stated the students will be making field trips to the museum. They are looking for volunteers to help when they are open. The Labor Day Committee is working on stage performances which they will announce soon. They are looking at setting up a teen center for the older kids. They are looking for someone to run the duck race and dodge ball.
Mayor Gunderson stated he attended the Library meeting and they are finishing the handbook. May 4th is Betty’s birthday. Storytime is at 10 a.m. on the 4th. There will be a movie night at 5:30 p.m. on the 9th. Storytime is at 10 a.m. on the 11th. Lego time is on the 14th at 10 a.m.
Unfinished Business
There was no unfinished business.
New Business
A. Home Occupation Ordinance Amendment – consideration of adoption
The City Clerk read the preamble to the resolution.
Council Member Scheid moved the adoption of the ordinance and the motion was supported by Council Member Feehan.
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.
- 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.
- Signs for home occupations shall be allowed as permitted by Section 16.4 herein.
- 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.
- 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.
- 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.
- Outdoor storage of materials used in the operation of the home occupation shall not be permitted.
- 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.
- 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.
Mayor Gunderson stated his concern is the percentage of space used in the home and the amount of traffic in the neighborhood.
City Manager Brown stated the ordinance handles where the parking can be done, which is in the driveway.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones, Feehan and Gunderson
Nays: None
B. Keene Township Emergency Services Contract
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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING AN EMERGENCY SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF KEENE AND THE CITY OF BELDING.
WHEREAS, the City of Belding provides emergency service to Keene Township under contractual agreement; and,
WHEREAS, the agreement expired on March 31, 2016; and,
WHEREAS, both the township and the City of Belding wish to extend this contract for a period of three (3) years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the City Manager and City Clerk are authorized to execute a contract with Keene Township for fire service.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones, Feehan and Gunderson
Nays: None
C. Personnel Policy Amendment – consideration of benefits for non-union personnel
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 AMENDING THE BELDING PERSONNEL POLICY AND PROCEDURE MANUAL.
WHEREAS, the Personnel Policy and Procedure Manual is in place to set policy and standards for employees of the City of Belding; and
WHEREAS, staff has reviewed the proposals and recommends that such change will be for the best interest of the City, and of its employees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan approves the following amendments to the Belding Personnel Policy and Procedure Manual:
1. Amendment of Section 4.4(B) Accumulation of Vacation Leave, to read in its entirety as follows:
All qualifying employees shall earn ten (10) days’ paid vacation per year of continuous employment, fifteen (15) days paid vacation after ten (10) years of continuous employment, and one additional vacation day for each additional year of continuous employment not to exceed twenty-five (25) days, or 200 hours. Vacation leave is accrued on an hourly basis, bi-weekly.
In addition, employees shall be entitled to carry over no more than one hundred sixty (160) hours of vacation as of June 30 each year. Any excess time will be forfeited.
2. Amendment of Section 4.4(I) paragraph 4 Sick Leave, to read in its entirety as follows:
All sick leave days accrued by eligible employees in excess of the four hundred eighty (480) maximum shall be paid to the employee at the end of the fiscal year. If the employee chooses to receive the payment in a check, the rate of pay shall be one-half (1/2) their hourly wage established at the beginning of the same fiscal year. If the employee chooses to put the payment in a Retirement Health Savings account, the rate of pay shall be the full hourly wage established at the beginning of the same fiscal year. Unused sick leave shall be paid upon severance or retirement from the service of the employer, or death of the employee, at the rate of 50% the number of accumulated sick hours based upon the currently hourly rate for less than twenty (20) years of service, and 100% the number of accumulated sick hours based on the currently hourly rate after twenty (20) years of service.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones, Feehan and Gunderson
Nays: None
D. Tentative adoption of FY 2016/17 budget and set public hearing for May 17
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 Feehan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN ADOPTING THE FY 2016/17 TENTATIVE BUDGET.
WHEREAS, the City Council has reviewed the FY 2016/17 Tentative Budget; and,
WHEREAS, the City of Belding's budget ordinance requires that the tentative budget be adopted; and,
WHEREAS, a public hearing on the proposed budget will be set for May 17, 2016.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the FY 2016/17 Tentative Budget is hereby adopted.
City Manager Brown stated it was a balanced budget, in the black by $15,000. Three staff positions have been eliminated, and one position from part time to full time in the Police Department because they reassigned a police officer as a code enforcement officer. They will privatize a position in January. For vehicles, there will be one new police car, a snow removal machine and a pick-up for public works. The water and sewer rates will be increased by 3%. That was based on a recommendation by the consultant, as they want the rates to cover the cost of service. The rates have not been raised recently. They increased user fees to provide services. Combined that is about $10,000. It has been many years since they have raised fees and they need to catch up.
Council Member Feehan stated they need to look at the items they couldn’t do.
City Manager Brown reviewed those items. He stated they should give serious thought to prioritizing and funding them.
Council Member Feehan stated they can’t do it all at once, but should break it down to a couple a year. The important things to him are dead tree removal, replacement of sidewalks and maintenance of buildings.
City Manager Brown stated they need to systematically upgrade the street system. That is the most glaring of issues.
Mayor Gunderson stated he has a concern with not replacing the DPW person and Bruce’s salary when he leaves. He would like a workshop on May 12, 2016 at 7 p.m. at the depot.
Council Member Scheid made a motion to hold a special meeting workshop on May 12, 2016 at 7 p.m., supported by Council Member Feehan.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Jones, Feehan and Gunderson
Nays: None
Public Comments
Sam Mason, 516 W. May, stated Pitsch is dumping material in the Belding wastewater treatment plant. He asked if the facilities could support the extra materials, if there was income, and what was being put in there? The last he knew there was not a large enough capacity to add more. Was it upgraded? There are lots of trucks in and out. He worked in wastewater and knows what they have to do to upgrade, and they couldn’t bring in solid waste there. How does it affect bringing in new businesses? Would they have the capacity for that?
Mayor Gunderson stated several years ago they got permission to bring in leach water off the layers. He recommended that Sam make a meeting with Bruce and Ernie. There are no solids, and they can handle the leachate. The city turned down a couple of others that wanted to bring material in. It is being monitored and the city is compensated for it. The funds were originally designated for replacement. They looked into it with great detail. He believes F&V was involved with it.
City Manager Comments
There were no city manager comments.
Council Comments
Council Member Feehan asked if there is storm damage at the first of the month, does it set til the end of the month?
City Manager Brown stated the city responds to the storm. The sewer system has failed in a couple of places and there will be an emergency expenditure to fix those two spots, they just make an adjustment.
Council Member Cooper thanked everyone for being there and thanked Gregg. He thanked Sam for his interest in the Planning Commission as he will be an asset to the city.
Council Member Scheid stated E. Main Street looks really good, they did a wonderful job. He thanked everyone for showing up.
Council Member Jones thanked everyone for showing up on a night like this. He thanked Bruce and Gregg for the purchase to keep the city going strong. He thanked Becky and Bruce for putting the budget together. Sam’s application for the Planning Commission will be approved at the end of the month. They are short on people. They should either shrink the number on the commission or find more people. With the retirement of Ken Krueger and Gary Knowlton they are losing experienced people. Gary had 17 years. Let them know if anyone would like to be on the Planning Commission. He would like to drop down the number to five.
Mayor Gunderson stated they had five for years and there is always an issue with filling the seats and getting a quorum. Main Street was a very quick job and they were installing the lights today. The museum has a quilt display for the underground railroad. Every room has a different quilt. He would like to look at the home occupation ordinance in a year, as it may be overburdening the residents. There are some streets you can’t park on.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Cooper.
Ayes: Council Members Cooper, Scheid, Jones, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 8 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
