REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, September 20, 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, September 20, 2016.

Council Member Scheid 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 Miller.

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.

Consent Agenda

Approve Independent Bank Checks 66869 to 66940 in the amount of $209,901.67
Approve Chemical Bank Checks 6969 to 6976 in the amount of $88,882.25
Approve Minutes: Regular scheduled meeting, September 6, 2016
Re-appointment to DDA – Katherine Henry

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 Miller, Scheid, Feehan, Jones and Gunderson

Nays: None

Following are the resolutions contained in the Consent Agenda.

Reappointment to DDA – Katherine Henry

RESOLUTION NO. 2016-09-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING KATHERINE HENRY TO THE DDA BOARD.

WHEREAS, the term of office for Katherine Henry on the Downtown Development Authority expires on October 2, 2016; and

WHEREAS, Ms. Henry has indicated her willingness to continue to serve on the board.

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

that Katherine Henry be reappointed to the DDA Board with a term of office to expire on June 30, 2020.

Reports by Council Liaisons

Council Member Miller stated the Historic District Commission met last Thursday and had a quorum. They have two board members to recommend. They will establish the study committee. There was some discussion on proposals, which will come to the council to have recommendations on how to proceed with the historic district.

Council Member Scheid had no meeting.

Council Member Jones stated the Planning Commission is meeting next Tuesday.

Council Member Feehan had no meetings.

Mayor Gunderson stated the Library Board is meeting next Monday at 5:30 p.m.

Unfinished Business

There was no unfinished business.

New Business

A. Ordinance No. 543 adoption – Zoning Ordinance Amendment – Sidewalks

The City Clerk read the preamble to the ordinance.

Council Member Jones moved the adoption of the ordinance and the motion was supported by Council Member Miller.

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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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 ten (10) days after its adoption and upon publication in a newspaper of general circulation.

Council Member Jones stated it would not prohibit them from going to the ZBA if the Planning Commission did not grant the variance. It would speed the process up and be one less step to go through to get relief from the sidewalks.

Mayor Gunderson stated he believes it should stay at the ZBA. Six books state they will have a walkable community and council adopted it. For the Planning Commission to not allow sidewalks goes against everything they have in place.

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

Ayes: Council Members Scheid, Jones and Feehan

Nays: Council Members Gunderson and Miller

B. Ordinance No. 544 adoption – Code of Ordinances Amendment – Sidewalks

The City Clerk read the preamble to the ordinance.

Council Member Jones moved the adoption of the ordinance 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:

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).
There are no public safety issues presented by the absence of a sidewalk.
The sidewalk is not required to complete or provide continuity of a current or proposed pedestrian or bicycle circulation system.
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.

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 Jones stated it is not limited to just the Planning Commission to grant relief, as it could go to the ZBA.

Council Member Scheid stated he feels similar to Ron, when you look at the documents available and what sidewalks were intended for, and the purpose for a walkable community, go in the direction to make it more difficult to get it approved. For a walkable community, they should follow the Master Plan.

Mayor Gunderson stated he feels the same, and does feel they are pushing residents into the street, as there are no designated bike lanes. Some streets don’t have sidewalks or pathways.

Council Member Jones stated he has been in support of a walkable community with sidewalks, but he thinks it should be the city that does those, as it is in the city right of way, and the city says they must have sidewalks. As a property owner, he doesn’t see of value of paying for sidewalks, as he thinks it is more of an advantage to the city than to individuals. Both ordinances talk about a walkable community and having sidewalks where necessary. He would like to see bike paths in most areas, as they are easier to maneuver. He feels it is a city responsibility to service the sidewalks and put them in. It is his property, but the city ordinance says to put it in. He has no control over that property. He believes there should be sidewalk on at least one side of the street. It should not be the property owners responsibility.

Council Member Miller stated the ordinance doesn’t deal with payment coming from the city. He agrees with bike paths. It is written entirely different than the city paying for sidewalks.

Council Member Scheid stated it should be a city responsibility on the sidewalks, just like sewer and curb and gutters. He has no control over the area. It should be on the city dime.

Mayor Gunderson stated sidewalks should be put in place, and in the industrial area. They are pushing residents into the streets.

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

Ayes: Council Members Scheid and Jones

Nays: Council Members Gunderson, Feehan and Miller

City Manager Brown stated he would suggest that the zoning ordinance relates to the city as a whole, so the first ordinance amendment gives the Planning Commission the authority to grant sidewalk relief in the community, but not in a new subdivision.

C. Kenwood Avenue sanitary sewer replacement and lining

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.

RESOLUTION NO. 2016-09-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AWARDING THE CONTRACT FOR SEWER REPLACEMENT TO DEAN’S EXCAVATING IN THE AMOUNT OF $40,955, AND THE CONTRACT TO CORBY ENERGY SERVICES FOR CIPP SEWER LINING IN THE AMOUNT OF $77,717.

WHEREAS, the storm and sanitary sewer systems of the City of Belding have been examined as a part the SAW grant; and

WHEREAS, it was discovered that replacement of a 70 foot segment of 12” sanitary sewer is required on Kenwood Avenue, and a cast in place lining of the sanitary sewer line is required on Kenwood Avenue, between Demorest Street and Water Street; and

WHEREAS, bids were sought for the projects, with the engineer and city staff recommending the award of the contract for the sewer replacement to Dean’s Excavating in the amount of $40,955, with a cost of $250 for each additional foot required for connection, and Corby Energy Services for CIPP sewer lining in the amount of $77,717.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that a contract is awarded to Dean’s Excavating in the amount of $40,955 for sewer replacement, with a cost of $250 for each additional foot required for connection, and a contract is awarded to Corby Energy Services in the amount of $77,717 for CIPP sewer lining.

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

Public Comments

David Hodges, Ionia County Commissioner, stated the meeting today was cancelled. At the meeting last week:

Robert Dutton was appointed to the Road Commission Board.
They expressed appreciation for Mark Jones on his retirement as jail administrator.
There was a presentation by Robert Brown for the Friends of the River Valley Trail.
Trilogy, a utility auditing company, did a presentation. They say they can find savings which they would split with the county.
They supported a resolution for the Grand River Valley Trail.
There was a request to fill the jail administrator position.
There was a request to fill a deputy position. They train deputies and then lose them to Kent and Ottawa Counties.
There were two CRP contract approvals, which is federal money for five years to set rates for the Friend of the Court, family support, prosecuting attorney and they get reimbursed.
There will be a prenatal study.
There was a dental service agreement for free or discounted dental services.
The dog ordinance is being reviewed by an ad hoc committee.
They approved demolition bids to take the jail and Friend of the Court building down.
They approved a budget to build the new facility to connect to the courthouse. The courthouse is not coming down, as was reported in error. The facility will house District Court, Friend of the Court and the juvenile courts. It will have a full basement with a ramp to drive prisoners in, providing a secure environment to then move prisoners throughout the building. They will work on the final drawings and bid the project in January.
Library Street will become one way.

City Manager Comments

There were no comments.

Council Comments

Council Members Miller, Scheid and Feehan had no comments.

Council Member Jones thanked everyone for showing up tonight. He thanked Dave for the report. He thanked Ernie for the presentation on the sewer and for staying on top of it, as it takes a lot of time.

Mayor Gunderson thanked everyone for coming. Even if DPW could do the work, for the amount of time it would take, they would be so focused on that and not on everything else going on in the city.

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 7:38 p.m.

Ronald Gunderson, Mayor

Kareen J. Thomas, City Clerk