REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, September 6, 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, September 6, 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 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 Miller, Scheid, Jones, Feehan and Gunderson

            Nays:               None

 

Good Neighbor Award – Dennis Craycraft

 

Tom Jones presented the Good Neighbor Award to Dennis Craycraft for his dedication to the Veteran’s Memorial project. 

 

Mr. Craycraft stated he has a six man committee working on the project.  They have earned it as much as he has.  He thanked council very much.  It is an ongoing fundraising effort.  Veteran’s Day, November 11th, is the next dedication of the four to five pillars.  The big pillar will be dedicated on Memorial Day next year.  The wings with the names on them will be $40,000.  He will get it done one way or the other. 

 

Public Comments

 

There were no public comments.

 

Consent Agenda

 

  1. Approve Independent Bank Checks 66784 to 66785 in the amount of $33,585.74 and 66786 to 66868 in the amount of $296,279.65

Approve Chemical Bank Checks 6847 to 6959 in the amount of $3,285,895.25

  1. Approve Minutes:  Special meeting, August 15, 2016
  2. Approve Minutes:  Regular scheduled meeting, August 16, 2016
  3. Temporary street closure – W. Washington Street
  4. Appointment to Construction Board of Appeals – Robert Gasper
  5. Appointment to Property Maintenance Code Board of Appeals – Robert Gasper
  6. DART – MDOT Master Contract approval

 

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

 

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

 

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

            Nays:               None.

           

Following are the resolutions contained in the Consent Agenda.

 

D.        Temporary street closure – W. Washington Street

 

RESOLUTION NO. 2016-09-52

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE REQUEST TO TEMPORARILY CLOSE W. WASHINGTON STREET, BETWEEN BROAS AND PEARL STREETS, FOR THE CELEBRATION OF THE 170TH ANNIVERSARY OF THE FIRST CONGREGATIONAL CHURCH, AND TO SUSPEND THE NOISE ORDINANCE FOR THE EVENT.

 

WHEREAS,   a request was received from Pastor Paul Hulford of the First Congregational Church, 301 W. Washington Street, to temporarily close W. Washington Street, between Broas and Pearl Streets, for a celebration of the 170th Anniversary of the First Congregational Church on Sunday, September 18, 2016 between noon and 4 p.m.; and

 

WHEREAS,   the closure will provide a safe area for the church members to enjoy the event; and

 

WHEREAS,   Belding Code of Ordinances, Section 24, Article IV Noise Control, Section 34-76 and 34-77 will be suspended for the event.    

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,

Michigan that W. Washington Street, between Broas and Pearl Streets, be closed on September 18, 2016 from noon to 4 p.m. for a celebration of the 170th Anniversary of the First Congregational Church, and that the Belding Code of Ordinances, Section 24, Article IV Noise Control, Section 34-76 and 34-77 be suspended for the event.    

 

E.        Appointment to Construction Board of Appeals – Robert Gasper

 

RESOLUTION NO. 2016-09-53

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN

REAPPOINTING ROBERT GASPER TO THE CONSTRUCTION BOARD OF APPEALS.

 

WHEREAS,   the term of office for Robert Gasper on the Construction Board of Appeals will expire on September 16, 2016; and

 

WHEREAS,   Mr. Gasper has indicated that he is willing to continue to serve on the board; and

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Robert Gasper be reappointed to the Construction Board of Appeals with a term to expire on September 6, 2019.

 

F.         Appointment to Property Maintenance Code Board of Appeals – Robert Gasper

 

RESOLUTION NO. 2016-09-54

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN  REAPPOINTING ROBERT GASPER TO THE PROPERTY MAINTENANCE CODE BOARD OF APPEALS.

 

WHEREAS,   the term of office of Robert Gasper on the Property Maintenance Code Board

                        of Appeals will expire on September 16, 2016; and  

 

WHEREAS,   Mr. Gasper has indicated his willingness to serve another term on the board.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan

                        that Robert Gasper be reappointed to the Property Maintenance Code Board of

Appeals with a term to expire on September 6, 2019. 

 

G.        DART – MDOT Master Contract approval

 

RESOLUTION NO. 2016-09-54

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN  REAPPOINTING ROBERT GASPER TO THE PROPERTY MAINTENANCE CODE BOARD OF APPEALS.

 

 

WHEREAS,   the term of office of Robert Gasper on the Property Maintenance Code Board

                        of Appeals will expire on September 16, 2016; and

 

WHEREAS,   Mr. Gasper has indicated his willingness to serve another term on the board.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Robert Gasper be reappointed to the Property Maintenance Code Board of Appeals with a term to expire on September 6, 2019. 

 

Reports by Council Liaisons

 

Council Member Jones stated the Planning Commission met on August 23.  There was discussion on the relationship with Wade Trim.  They decided to name Nick Lamoko as planner on record, rather than Wade Trim.  The rest of the time it will be covered by City Manager Bruce Brown.  There was discussion on the zoning ordinance.  Bruce came up with a re-write sequence for the Planning Commission to review it.  There will be public hearings.  If everything is acceptable at that point, it will go to city council in September or October for the revised zoning ordinance.  There are sections that no longer pertain or are outdated because of State changes.  The sidewalk ordinances are on for new business.  The Planning Commission accepted them with the hope city council could. 

 

Council Member Feehan had no meetings. 

 

Council Member Miller stated they did not have a quorum at the HDC meeting.  They are looking for individuals to serve.  Let them know if you know of anyone.  They had questions about the basket factory and city hall.  Bruce made contact with the potential purchasers of the basket factory.  A study group will be put together to do research for the group.  They may possibly use high school students. 

 

Council Member Scheid had no meeting.

 

Mayor Gunderson stated the DDA met last Thursday and discussed the budget, by-laws and having quarterly meetings. 

 

Unfinished Business

 

There was no unfinished business.

 

NewBusiness

 

A.    Ordinance No. 543 – first reading – Zoning Ordinance Amendment – Sidewalks

 

The City Clerk read the preamble to the ordinance.

 

Council Member Feehan moved to bring the first reading of the ordinance to the floor for discussion, and the motion was supported by Council Member Scheid.

 

ORDINANCE NO. 543

 

AN ORDINANCE TO AMEND APPENDIX B (ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF BELDING.

 

THE CITY OF BELDING ORDAINS:

 

Section 1.        Amendment of Chapter 4 – R-1 Single-Family Residential District, Section 4.4(G) - Site Development Requirements

 

Section  4.4(G) of Chapter 4 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 2.        Amendment of Chapter 4b – R-1.5 Single-Family Residential District, Section 4b.4(G) – Site development requirements

 

Section  4b.4(G) of Chapter 4 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 3.        Amendment of Chapter 5 – R-2 Single-Family Residential District, Section 5.4(G) - Site development requirements

 

Section 5.4(G) of Chapter 5 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 4.        Amendment of Chapter 6 – R-3 Single and Two-Family Residential District, Section 6.4(G) - Site development requirements

 

Section 6.4(G) of Chapter 6 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 5.        Amendment of Chapter 7 – RM-1 Multiple-Family Residential District, Section 7.4(G) – Site development requirements

 

Section 7.4(G) of Chapter 7 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 6.        Amendment of Chapter 9 – OS-1 Office/Personal Service District,  Section 9.4(H) – Site development requirements

 

Section 9.4(H) of Chapter 9 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 7.        Amendment of Chapter 10 – B-1 Community Business District, Section 10.4(F) – Site development requirements

 

Section 10.4(F) of Chapter 10 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 8.        Amendment of Chapter 12 – I-1 Industrial District, 12.4(H) – Site development requirements

 

Section 12.4(H) of Chapter 12 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 9.        Amendment of Chapter 13 – P-1 Parking District, Section 13.3(K) – Site development requirements

 

Section 13.3(K) of Chapter 13 of Appendix B of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

Sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

Section 10.      Severability.

 

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

 

Section 11.      Repeal.

            Any and all Ordinances of the city or any parts or provisions thereof to the extent that they are contrary to or inconsistent with the provisions of this Ordinance are hereby expressly repealed. 

 

Section 12.      Effective Date.

            This Ordinance becomes effective seven (7) days after its adoption and upon publication in a newspaper of general circulation. 

 

City Manager Brown stated they would have some standards for consideration.  If it is a walkable city area, to tie things together, those sidewalks would be required.  Where there is a pathway system, those sidewalks would not be exempt.  Possibly exempt would be those areas with topographical issues, a substantial loss of trees, sidewalks on each side of a corner lot, or a basic lack of sidewalks.  The applicant would have to justify the action.  Economic need should not be a basis for sidewalk exemption.  He will send that report to the Planning Commission for consideration.  This is the authority for the Planning Commission to waive the sidewalk requirement.  That does not override the ability to go to the ZBA.

Council Member Miller asked if there was a definition to the walkable community?

 

City Manager Brown stated it is an attempt to provide a walkway system for the schools, parks, museum, downtown, library, etc.  For the Planning Commission, he listed a number of streets to allow sidewalks.  Most of those sidewalks are already in place.

 

The question was called on a consensus vote on the first reading, and the result of the voting is as follows:

 

Ayes:               Council Members Miller, Scheid, Jones and Feehan

Nays:               Council Member Gunderson

 

B.     Ordinance No. 544 – first reading – Code of Ordinances Amendment – Sidewalks

 

The City Clerk read the preamble to the ordinance.

 

Council Member Scheid moved to bring the first reading of the ordinance to the floor for discussion, and the motion was supported by Council Member Miller.

 

ORDINANCE NO. 544

 

AN ORDINANCE TO AMEND CHAPTER 78 – SUBDIVISIONS, ARTICLE III – REQUIRED IMPROVEMENTS, SECTION 78-58 – SIDEWALKS, OF THE CODE OF ORDINANCES OF THE CITY OF BELDING.

 

THE CITY OF BELDING ORDAINS:

 

Section 1.        Amendment of Chapter 78 – Subdivisions, Article III – Required improvements, Section 78-58 - Sidewalks

 

Section 78-58 of Chapter 78 of the City of Belding Code of Ordinances (“City Code”) shall read in its entirety as follows:

 

(a) Sidewalks shall be required in subdivisions under this chapter, with the following exception:

 

The Planning Commission may grant individual relief from the sidewalk requirements when the following conditions exist:

 

  1. The sidewalk is not an integral part of the “walkable community” sidewalk system as defined by the Planning Commission (where sidewalks are required to link neighborhoods, schools, parks and downtown).
  2. There are no public safety issues presented by the absence of a sidewalk.
  3. The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
  4. The proposed sidewalk is part of the proposed Pathway Master Plan system for the city.

 

(b)  Sidewalks shall be five feet wide, one foot from the private property line, and shall be constructed according to the standards of the city.

 

Section 2.        Severability.

 

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

 

Section 3.        Repeal.

            Any and all Ordinances of the city or any parts or provisions thereof to the extent that they are contrary to or inconsistent with the provisions of this Ordinance are hereby expressly repealed. 

 

Section 4.        Effective Date.

            This Ordinance becomes effective seven (7) days after its adoption and upon publication in a newspaper of general circulation. 

 

Council Member Miller asked if there was a master plan for pathways in subdivisions, and did the Planning Commission own that?

 

City Manager Brown stated that was correct.

 

Council Member Scheid asked if the developer would be responsible?

 

City Manager Brown stated the individual owner is responsible to put in and maintain the sidewalk.  In a new subdivision, sidewalk would be required for the whole subdivision.

 

Mayor Gunderson stated within the subdivision planning, the standards that would be set would be one foot from the private property line.  Some want it closer to the curb.  Would the Planning Commission take that into consideration?

 

City Manager Brown stated they would. 

 

The question was called on a consensus vote on the first reading of the ordinance, and the result of the voting is as follows:

 

Ayes:               Council Members Miller, Jones and Feehan

Nays:               Council Members Scheid and Gunderson

 

Public Comments

 

Shelley Gladding, 1021 Pleasant Street, stated the Labor Day weekend went pretty smooth.  They went back to clean up the grassy knoll.  They will work on the park for the fireworks by the weekend.  There was a pretty good crowd and they made more money on the carnival.  There was new entertainment and that went over well.  The weather was very good, the atmosphere was very good, there was good attendance and the fireworks were great.  DPW was really great, the Fire Department was always helping, and the Police were there whenever they needed anything.

 

Mayor Gunderson stated it seemed to flow very well this year.  They all worked together.  

 

City Manager Brown stated Ernie’s department has to clean the mess up.  In his 42 years of working here, he said it was the cleanest group.  Areas were beautifully taken care of.  He had nothing but kudos to you and your staff, and thought you did a fantastic job. 

 

Council Member Feehan asked Shelley to thank her crew for the great job over the weekend. 

 

City Manager Comments

 

City Manager Brown stated they tore up the Belrockton driveway.  They will form it tomorrow and pour on Thursday.  They want to finish the parking area, for another 14-16 spaces.  It will be of great assistance to get in the building in the back.  It will be done in the next month or so.  They may get the first coat of blacktop on this fall.  Over the winter it would give it a chance to settle.  It would be very workable.  They may put the second coat on next spring.

 

Council Comments

 

Council Member Miller stated the Labor Day weekend was absolutely phenomenal.  For 17 years, he has thought it was magical.  The fireworks were great.  He saw the Tim McGraw tribute.  The Fire Department was explaining the rigs to kids.  They did a great job.  The car show was phenomenal.  The city did a phenomenal job, as well. 

 

Council Member Scheid stated he was impressed and everything was going very smoothly.  The carnival people were cleaning up.  He thanked the committee for doing a good job. 

 

Council Member Jones thanked the city crew and the extra time spent on the project.  He was disappointed the city manager did not ride in the parade.  He thanked all the volunteers for putting time in, Shelley and the crew, and Doug for working with the committee.  That is what makes Belding a special town, all who throw their hat in the ring and get things done in the community.  There was a lot of community interest.  He is proud of that.  It was a great weekend for it.  There were good crowds.    

 

Council Member Feehan thanked the Labor Day Committee and DPW for all the hard work. 

Mayor Gunderson thanked the staff and said yesterday he was walking home and saw everything on the ground.  Later in the day, Main Street was opened up and there was hardly no trash.  He thanked the Labor Day Committee, as it is an all year event.  He thanked them for all the dedication.  There was a great turnout from the boards, committees and commissions to talk to city council at the breakfast.  There was a real good turnout for the wall dedication on Friday.    Denny gives his heart and soul to this and will continue.  He extended a thank you to everyone involved, the Fire, Police and DPW staffs. 

 

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 7:35 p.m.

 

 

 

Ronald Gunderson, Mayor

Kareen J. Thomas, City Clerk

 

 

 

 

 

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