REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, June 20, 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, June 20, 2017.
Mayor Protem 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, Bruce Meyers, Mike Scheid, Douglas Feehan and Ronald Gunderson
Members Absent: None
Approval of Agenda
Council Member Feehan made a motion to approve the agenda as presented, supported by Council Member Scheid.
Mayor Gunderson stated New Business Item E would be a reciprocal driveway easement for 114 Hanover St. Consent agenda item F for the appointment of Jeffrey Ferman to the Planning Commission will be moved to Item F under new business.
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.
Consent Agenda
- Approve Independent Bank Checks 68400 to 68471 in the amount of $98,687.83
- Approve Minutes: Regular scheduled meeting, June 6, 2017
- Building Authority – Reappointment of Rebecca Schlienz
- Building Authority – Reappointment of Ernest Thomas
- Temporary Street Closure – “Touch-A-Truck”
- Planning Commission Appointment – Jeffrey Ferman
- Declare firewood surplus property and request the solicitation of sealed bids for the sale
Council Member Scheid made a motion to approve the consent agenda, 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.
Following are the resolutions contained in the Consent Agenda.
C. Building Authority – Reappointment of Becky Schlienz
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING REBECCA SCHLIENZ TO THE BUILDING AUTHORITY.
WHEREAS, the term of office for Rebecca Schlienz on the Building Authority will expire: and
WHEREAS, Ms. Schlienz has indicated that she is interested in serving another term on the authority.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Rebecca Schlienz be reappointed to the Building Authority with a term to expire on June 30, 2020.
D. Building Authority – Reappointment of Ernest Thomas
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING ERNEST THOMAS TO THE BUILDING AUTHORITY.
WHEREAS, the term of office for Ernest Thomas on the Building Authority will expire; and
WHEREAS, Mr. Thomas has indicated that he is interested in serving another term on the authority.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Ernest Thomas be reappointed to the Building Authority with a term to expire on June 30, 2020.
E. Temporary Street Closure – “Touch-A-Truck”
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE REQUEST TO TEMPORARILY CLOSE E. MAIN STREET BETWEEN HANOVER AND ASHFIELD STREETS AND A SUSPENSION OF THE NOISE CONTROL ORDINANCE.
WHEREAS, a request was received from Library Director Britney Dillon to temporarily close E. Main Street, between Hanover and Ashfield Streets for the “Touch-A-Truck” program and display on Wednesday, July 26, 2017 from 10 a.m. to 1 p.m.; and
WHEREAS, the program is being done in conjunction with the Summer Reading Program for 1st through 5th grade students and will provide a safe area to participate in the event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that E. Main Street, between Hanover and Ashfield Streets will be closed Wednesday, July 26, 2017 from 10 a.m. to 1 p.m. for the “Touch-A-Truck” event; and
BE IT FURTHER RESOLVED that Belding Code of Ordinances Section 34 Article IV Noise Control, Section 34-76 and 34-77 be suspended for the event.
G. Declare firewood surplus property and request the solicitation of sealed bids for the sale
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN DECLARING FIREWOOD AS SURPLUS PROPERTY AND APPROVING THE SOLITATION OF SEALED BIDS FOR THE SALE.
WHEREAS, the city wishes to dispose of firewood which was accumulated from the removal of trees in the ROW and other public property; and
WHEREAS, staff wishes to have the firewood declared as surplus property and solicit sealed bids for the sale and removal of the firewood from the city site; and
WHEREAS, advertisement for the sealed bids will be placed in the Daily News and on the city website.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that approval is hereby granted to declare the firewood as surplus property and solicit sealed bids for the sale and removal of the firewood from the city site.
Reports by Council Liaisons
Council Member Meyers stated the Rec Board met and they will talk about the pickleball courts.
Council Member Scheid stated the Housing Commission is going through all the sites. They will have an energy performance contract to give savings. The board heard a report on the status of the vacant units and property maintenance. There are three empty units. The board approved the budget and set the meeting dates and times through 6/30/18.
Council Member Feehan stated the Labor Day Committee is on track and waiting for parade applications. They are working on the stage shows. The fireworks are all set.
Council Member Miller stated the Planning Commission has not met.
Mayor Gunderson had no report.
Unfinished Business
There was no unfinished business.
New Business
A. Approval of FY 2016/17 Budget amendments
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 Miller.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AMENDING THE FISCAL YEAR 2016/17 BUDGET.
WHEREAS, on June 7, 2016, the Council of the City of Belding, Michigan adopted its 2016/17 Fiscal Year Budget for the administration of all funds and activities; and,
WHEREAS, unanticipated revenues and expenditures are projected which may exceed budget appropriations listed in said budget; and,
WHEREAS, the Fiscal Year 2016/17 Budget must be changed to reflect these adjustments;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Fiscal Year 2016/17 Budget be amended pursuant to the attached staff report.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
B. Approval of request by Doug Whiting and Mark Kohn to develop pickleball courts at the Demorest Field property
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 Meyers.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN GRANTING APPROVAL TO CONSTRUCT THE PICKLEBALL COURTS ON THE SOUTH SIDE OF THE DEMOREST PARKING LOT.
WHEREAS, a request was received from Doug Whiting and Mark Kohn to locate and construct pickleball courts on the Demorest Field property; and
WHEREAS, pickleball is a rapidly growing sport and will be an enhancement to the recreational opportunities available in the City of Belding; and
WHEREAS, on June 14, 2017, the Recreation Advisory Board passed a motion to approve and recommend to the city council the construction of the pickleball courts on the south side of the Demorest parking lot.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that approval is hereby granted to construct the pickleball courts on the south side of the Demorest parking lot.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
C. Approval of resolution permitting the Horse’s Mouth Restaurant to expand its business by developing a Brew Pub within its existing facility
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 Miller.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN RECOMMENDING THAT THE APPLICATION BY JENNIFER MENGE FOR A BREW PUB LICENSE AT 402 W. MAIN STREET BE CONSIDERED FOR APPROVAL BY THE MICHIGAN LIQUOR CONTROL COMMISSION.
WHEREAS, Jennifer Menge wishes to apply to the Michigan Liquor Control Commission for a Brew Pub license at 402 W. Main Street to expand the business of the Horses Mouth; and
WHEREAS, Local government approval is necessary for the license to be considered by the Michigan Liquor Control Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the application by Jennifer Menge for a Brew Pub license at 402 W. Main Street be considered for approval by the Michigan Liquor Control Commission.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
D. Ordinance amendment prohibiting the consumption of alcohol and smoking in public parks – first reading
Council Member Scheid made a motion to bring Ordinance No. 545 to the floor for discussion, supported by Council Member Miller.
CITY OF BELDING, MICHIGAN
AN ORDINANCE TO AMEND CHAPTER 62 – PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF BELDING.
THE CITY OF BELDING ORDAINS:
Section 1. Addition of a new section – Sec. 62-8. Prohibition of alcohol and smoking.
Section 62 of the City of Belding Code of Ordinances (“City Code”) shall include a new section to read in its entirety as follows:
No person shall consume alcohol or smoke while in any public park at any time.
Section 2. Old Sections 62-8 through Section 62-9 shall be renumbered accordingly:
Section 62-9 Additional rules.
Section 62-10 Violation; municipal civil infraction; misdemeanor.
Section 3. Amendment to Section 62-10 – Violation; municipal civil infraction; misdemeanor.
Section 62-10 of the City of Belding Code of Ordinances (“City Code”) is amended to read in its entirety as follows:
(a) A person who violates any provision of section 62-3, regarding refuse and trash disposal, section 62-6, regarding domestic animals, section 62-7, regarding park hours, or section 62-8, regarding prohibition of alcohol and smoking, is responsible for a municipal civil infraction, subject to payment of a civil fine, plus costs and other sanctions, for each violation as provided by section 1-19(c)(1). Repeat offenses shall be subject to increased fines as provided by section 1-19(c)(2). Any authorized city official as provided by sections 1-20 through 1-24 may issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the city municipal ordinance violations bureau) for violations under sections 62-3, 62-6, 62-7 and 62-8.
Section 4. Severability
The various sections and provisions of this Ordinance shall be deemed to be severable, and should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of the Ordinance as a whole or any section or provisions of this Ordinance other than the section or provision so declared to be unconstitutional or invalid.
Section 5. 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 6. Ramification
All other provisions of the Code, except as herein modified or amended, are hereby expressly ratified and affirmed.
Section 7. Publication and effective date
This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
It was noted that Greenville has limited hours at certain parks.
Council Member Miller inquired if Lightning Bend Park was included, and it was confirmed that it was. He stated his understanding is that part of the disc park experience is to have alcohol.
The question on the first reading of the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
E. Reciprocal Driveway Easement for 114 Hanover Street
City Manager Brown stated the easement provides access to the property to the south with parking in the rear yard, off of the driveway. The mortgage company prepared the easement. Varnum made major changes. They reached an agreement on language. The easement is for both parties to use the driveway. Should an alternate driveway be established on Hanover, the agreement would be null and void.
Council Member Scheid made a motion to approve the Reciprocal Driveway Easement for 114 Hanover Street, 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
F. Planning Commission Appointment – Jeffrey Ferman
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 APPOINTING JEFFREY FERMAN TO THE PLANNING COMMISSION.
WHEREAS, a vacancy exists on the Planning Commission; and
WHEREAS, Jeffrey Ferman has indicated that he is interested in serving a term on the commission; and
WHEREAS, the members of the Planning Commission have recommended the appointment of Jeffrey Ferman.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Jeffrey Ferman be appointed to the Planning Commission with a term to expire on June 20, 2020.
City Manager Brown stated Shelley Gladding resigned from the Planning Commission. The Planning Commission has had trouble finding people to serve. The commission has been reduced from seven to five members. They started to look for an applicant. He was at a meeting with Mr. Ferman, CEO of Granco Clark, who lives on Bradford Street, and he was interested in serving the community. He told Mr. Ferman of the opening and he submitted an application. He polled the Planning Commission members and those responding said they were very supportive of that approach. It is a little different not going to the Planning Commission first. The Planning Commission has a lot going on. He would like him involved in the Planning Commission activities. He is an outstanding candidate and he wants to move the process forward.
Council Member Scheid stated it would be good to have him.
Council Member Miller stated they should follow the formality of the approval process for each opening. It is not related to the credibility of the individual. One individual on the Planning Commission was not aware of that.
Council Member Meyers stated he had no questions on him or his background, as he is a great candidate. He understands the board was polled. If someone on the board does not remember being polled, it circumvents the process and is a concern.
Mayor Gunderson stated he sat on the Planning Commission for many years with decisions to be made and they did not have a full board. Bruce talked to the individual. He was trying to get the boards full approval.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Meyers, Scheid, Feehan and Gunderson
Nays: Council Member Miller
Public Comments
Larry Lathrop, 101 N. Front, stated the different phases of the mural are moving along quickly. That allows him to come up with the strongest composition and color. If the weather holds out, it should be right on schedule. Everyone is more than welcome to stop by and say hello and give opinions. He thanked council again for the opportunity. It is a lot of fun and he is enjoying it to the end.
Sam Mason, 516 W. May St, welcomed Mr. Ferman to the Planning Commission. They value everyone’s thoughts. They want to make it a great atmosphere for families and businesses.
City Manager Comments
City Manager Brown had no comments.
Council Comments
Council Members Feehan, Scheid and Miller had no comments.
Council Member Meyers welcomed Mr. Ferman to the Planning Commission. He stated they enjoy walking down and seeing the mural. It is fantastic and a great addition.
Mayor Gunderson thanked everyone for coming tonight. He thanked Becky and Bruce for the budget and amendments. He wished them good luck on the pickleball court.
Closed Session
– to consult with an attorney regarding pending litigation and the possible acquisition of real estate
Council Member Scheid made a motion to enter closed session at 7:33 p.m., to consult with an attorney regarding pending litigation and possible acquisition of real estate, 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
Council Member Scheid made a motion to return to open session at 8:47 p.m., 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
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member
Miller.
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 8:48 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
