REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, January 3, 2017
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, January 3, 2017.
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, Bruce Meyers, Mike Scheid, 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, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
There were no public comments.
Guest – Audit Report – Peter Haefner, Vredeveld Haefner LLC
Peter Haefner, Vredeveld Haefner, covered the basic audit information presented and reviewed slides that showed a comparison with last year. The city received the highest possible rating. A material weakness was identified with the internal controls over financial reporting. Numerous clients have this issue. It just means it is hard to prepare this entire document without error. It is very costly to hire a CPA to do this in advance of the audit. Audits are submitted to the Department of Treasury.
Consent Agenda
- Approve Independent Bank Checks 67537 to 67596 in the amount of $100,200.32
Approve Chemical Bank Checks 7013 to 7024 in the amount of $37,992.03
- Approve Minutes: Regular scheduled meeting, December 20, 2016
- Acceptance of gifts from the Leppink Belding Community Fund
- Approval of two Interpretive Signs for the DNR Silk City Trail Extension Project
- Approval of one Wayfinding Sign for the DNR Silk City Trail Extension Project
- MDOT Performance Resolution for annual permit for work within right-of-way
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Miller.
Mayor Gunderson asked to separate Items D and E for discussion.
The question on the motion, as amended, was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Following are the resolutions contained in the Consent Agenda.
F. MDOT Performance Resolution for annual permit for work within right-of-way
PERFORMANCE RESOLUTION FOR GOVERNMENTAL AGENCIES
RESOLVED WHEREAS, the City of Belding, Michigan, hereinafter referred to as the “GOVERNMENTAL AGENCY,” periodically applies to the Michigan Department of Transportation, hereinafter referred to as the “DEPARTMENT,” for permits, referred to as “PERMIT,” to construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and under State Highway Right of Way at various locations within and adjacent to its corporate limits;
NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL AGENCY agrees that:
- Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law. This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims, nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.
- If any of the work performed for the GOVERNMENTAL AGENCY is performed by a contractor, the GOVERNMENTAL AGENCY shall require its contractor to hold harmless, indemnify and defend in litigation, the State of Michigan, the DEPARTMENT and their agents and employee’s, against any claims for damages to public or private property and for injuries to person arising out of the performance of the work, except for claims that result from the sole negligence or willful acts of the DEPARTMENT, until the contractor achieves final acceptance of the GOVERNMENTAL AGENCY. Failure of the GOVERNMENTAL AGENCY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered a breach of its duties to the DEPARTMENT.
- Any work performed for the GOVERNMENTAL AGENCY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL AGENCY and not as a contractor or agent of the DEPARTMENT. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL AGENCY, or their subcontractors or any other person not a party to the PERMIT without the DEPARTMENT’S specific prior written consent and notwithstanding the issuance of the PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL AGENCY.
- The GOVERNMENTAL AGENCY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.
- The GOVERNMENTAL AGENCY will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State Highway Right of Way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL AGENCY’S facilities according to a PERMIT issued by the DEPARTMENT.
- With respect to any activities authorized by a PERMIT, when the GOVERNMENTAL AGENCY requires insurance on its own or its contractor’s behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.
- The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT.
- This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL AGENCY or the DEPARTMENT with no less than thirty (30) days prior written notice provided to the other party. It will not be cancelled or otherwise terminated by the GOVERNMENTAL AGENCY with regard to any PERMIT which has already been issued or activity which has already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the DEPARTMENT for the necessary permit to work within State Highway Right of Way on behalf of the GOVERNMENTAL AGENCY.
City Manager
Director of Public Works
Reports by Council Liaisons
Council Members Meyers, Scheid and Feehan had no report.
Council Member Miller stated the Planning Commission met on December 27 and considered the rezone of the Basket Factory at 131 E. High Street. The public hearing was held and it was approved to move forward with the industrial classification. On January 24, 2017 there will be two public hearings to consider sidewalk exemption requests at 1021 Broas, requested by Mark Dibble, and 1114 Kenwood, requested by Thomas Harrell. They received the sign regulation ordinance to be discussed on January 24. The city manager has been updating the zoning ordinance, and the Planning Commission reviews the sections. They are moving the time schedule up for completion of review. The Planning Commission discussed the homeless shelter, and it will not move forward to city council, as they couldn’t find a homeless population within Belding. It was not worth pursuing.
Mayor Gunderson stated the Library Board met. Bills were paid, they are working on policies, and there is an opening on the board because of the non-residency issue.
Unfinished Business
There was no unfinished business.
New Business
A. First Reading – Rezoning of 131 E. High Street from B-2 to I-1
AN ORDINANCE TO AMEND THE CITY ZONING MAP OF THE CITY OF BELDING MICHIGAN, INCORPORATED IN THE ZONING ORDINANCE OF THE CITY OF BELDING (BELDING ORDINANCE NUMBER 452) BY SECTION 3.2, OF THE BELDING CITY CODE.
Council Member Scheid made a motion to bring the ordinance to the floor for discussion, supported by Council Member Miller.
THE CITY OF BELDING ORDAINS
SECTION 1 The Zoning Map incorporated in the Zoning Ordinance of the City of Belding by Section 3.2, of the Belding City Code is amended as follows:
The property rezoned from B-2 (General Business District) to I-1 (Industrial District) is legally described as:
CITY OF BELDING BELDING & ELLIS ADD LOT 139 EXC COM AT NW COR THEREOF, TH SWLY ALG W LN OF SD LOT TO WATERS EDGE OF FLAT RIVER, ELY PAR WITH WATER LN 40 FT, NWLY TO A PT 12 FT E OF POB, W ALG N LOT LN 12 FT TO POB, ALSO EXC COM 12 FT E OF NW COR OF LOT 139, TH SELY TO A PT 40 FT E OF SW COR OF SD LOT, ELY ALG WATER LN 100 FT, NWLY TO N LOT LN AT A PT 115 FT ELY OF POB, NWLY ALG N LOT LN 115 FT TO POB
Location: 131 E. High Street, Belding, Michigan.
Parcel: 34-401-090-000-625-000
SECTION 2 All other parts of the zoning map and zoning ordinance are affirmed and shall remain unchanged.
SECTION 3 A copy of this Ordinance shall be filed with the Ionia County Register of Deeds.
SECTION 4 This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
City Manager Brown stated the rezone was initiated by the city for a company from Virginia that produces fine oak furniture. They will begin in the old steel building and restore the Basket Factory over the next couple of years. They will work on the roof repair and HVAC. He talked to the petitioner and they are excited to come to the city. The rezone has been passed by the Planning Commission. It requires two readings by city council. By the end of the month they will be ready to occupy the property and begin work. He talked to them about historically protecting the building as the city would like to have it designated as a historic structure. They would like to have a retail store in the building at some point.
B. Approval of expenditures related to the $75,000 grant from Electrolux to develop The Gathering Place
1. Library Wall Mural @ $25,000
2. The Gathering Place improvements @ $50,000
Council Member Scheid made a motion to bring the item to the floor for discussion, supported by Council Member Feehan.
City Manager Brown stated the sidewalk plan had been modified a bit, as it would only be built to view the mural at this time for $3,200. $47,000 would then be available for a matching grant from the DNR for the rest of the trail and overlook. He talked to Pam Blough who is doing the Parks and Recreation Plan, who is an expert on grants, and she thinks there is a real possibility they could get grant funding. He would like to limit the sidewalk to view the mural and work with Pam to get a grant for the rest of it. He introduced Larry Lathrop who designed the mural and signs. He will paint the mural next spring. There are five or six students in the high school art department that could be involved.
Mr. Lathrop stated the mural would be eight feet tall, but the entire surface of the wall would be painted. Sherwin Williams and other paint companies have an anti-graffiti clear coat which deters the absorption of the other paint. It can be washed right off.
Mayor Gunderson asked if the $25,000 investment in the mural would fit in the timeline so Belding could leverage the remaining monies to apply for the grant?
City Manager Brown stated they have standards and this would help the city to qualify for the grant. Also, a larger match would move it up the ladder of grantees.
Mayor Gunderson stated he had concerns about the development of that area because he is involved with the Fred Meijer River Valley Rail Trail. The pathway would be on the right of way as drawn and he was assured it would not be on the right of way. He asked if they ended up with $47,000, were they going to be able to development that area? He doesn’t want it to be partially developed and his concern is not being able to leverage enough money to finish it off over a few years. He asked about lighting.
City Manager Brown stated the plan was prepared by the Rec Board, as a part of the JJ&R plans from the meetings. There should probably be lighting on the mural and pathway.
Council Member Miller stated when they look at this and Central Riverside Park, they have to start somewhere. They should have appropriate lighting. They should get their foot in the water to get additional grants, and have forward movement. It brings a lot of history for what they want to accomplish. They could table it if they can’t come up with a decision without lighting.
Council Member Meyers stated $50,000 is the rest of this, other than the mural. The main thing is getting started.
Council Member Scheid asked about life expectancy of the mural.
Mr. Lathrop stated he did a mural on the Moose Lodge in Dowagiac 30 years ago and it is still there. With the protective coating and priming, it is indefinite. The agreement had a 5-year guarantee, but he could extend it to 10 years. He would fix it at no cost. He uses a high grade exterior primer and the highest quality paint he can find. He takes pride in his work and wants it to last a long time. He has done about ten murals and has participated in Art Prize for two years. He enjoyed the research project and is excited to do it.
Council Member Scheid stated a cement contractor may have something to put a base down first on the wall.
Council Member Feehan asked if the city manager could work on the lighting and get back with them?
Mayor Gunderson stated if the walkway was along the river as originally presented, it wrapped back to the river area and not toward the wall, that could eliminate the section that was x’d out on the drawing and that would be a much better option. Take it all the way over to the trail. There would have to be approval from the DNR and a letter for them releasing them from liability. The overlook would not be included. The pathway would go from the mural to the main street, approximately $35,000.
Mayor Gunderson made a motion to improve the Gathering Place with a mural and walkway along the river with properly permitted usage by DNR and Electrolux, with $25,000 for the mural, and $35,000 for the walkway, 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, Meyers, Scheid, Feehan and Gunderson
Nays: None
Mr. Lathrop stated he would like to start by April 1. The project would take from six to eight weeks, and he would like to finish by July 4.
Council Member Scheid made a motion to approve funding for the two Interpretive Signs for the DNR Silk City Trail Extension Project, 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, Meyers, Scheid, Feehan and Gunderson
Nays: None
Council Member Scheid made a motion to approve the Wayfinding Sign for the DNR Silk City Trail Extension Project, 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, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
Sam Mason, 516 W. May, business at 304 N. Bridge, stated they are spending money on a mural, which is good. They are building a walkway with the Electrolux money. They have Central Riverside Park to have people gather, but when you look at the building, there is nothing being done regarding the blight ordinance. The city is spending $12,000 for a parks and rec director. Nothing shows what the parks have to offer. It hurts his feelings to see the mold on the ceiling of the building. They put $25,000 into administrative fees, but they have done nothing about the building. The sides have been dilapidated for many years. People will see the mural and pathways, but look at Central Riverside Park, at that building, and think we would get grants to get it fixed. They should have a community event to paint the building, to help with the DNR grant.
City Manager Comments
The city manager had no comments.
Council Comments
Council Members Miller, Meyers and Feehan had no comments.
Council Member Scheid asked if there were any plans to repair the structures at the park?
City Manager Brown stated there are 1,000 things to be paid for in the community. The streets are falling apart. There is no end to it. This is the first time he has heard about the pavilion.
Council Member Scheid stated if Sam could get a group together, talk to Bruce.
Mayor Gunderson stated under the Electrolux agreement, there is a Consent Judgment which was signed in December of 2012. We are finally doing something with the property. He would commend everyone. He and Bruce have been in contact with Electrolux and Bruce will follow up on the rules and regulations with them, about two pages of the judgment that relate to the city. He would like to look at lighting in the future, and get an estimated cost. If they have a mural and walkway along the river, it makes sense to have it lit. He thanked everyone for coming tonight. He is looking forward to 2017 and moving the city in a positive direction. The vision for this project started in 2012. He appreciates that council is active with the city manager.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member
Feehan.
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 8:16 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
