REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, April 3, 2018

 

Motions

 

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, April 3, 2018.

 

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

 

Bradley Ratliff stated, regarding the medical marijuana ordinance, that he is interested in opening a grow facility in Belding.  There is property they are seriously looking at on the west side of Belding.  He has been actively looking for a place to take their product after it is harvested.  He has received confirmation from a group in Ann Arbor that makes oils and puts the flower in pill form for oncology treatment.  The testing laboratory is in Ann Arbor.  Everything would be going to Ann Arbor that they produce.

 

Guest – Denny Craycraft – Dedication of Belding Vietnam Freedom Wall

 

Denny Craycraft stated the backside of the wall will be dedicated on Memorial Day.  The black granite will be lasered with scenes of Vietnam.  The female ladies in the service will be on the flat side of the back, behind the three soldiers on the front.  He is down to $10,000 now.  He met with Patton Monument on the progress.  It was $50,000 for the front of the wall with the three  soldiers and names.  He estimates the cost of the back side from $30,000 to $35,000.  That is the final stage of the wall being built, other than bricks and landscaping.  He is very proud of where they are at.  He estimates there will be over 300 on Memorial Day.  Brian Calley is planning to be here.  He has a list of all the mayors in Michigan to let them know, so he feels a lot of mayors will be present.  They may have a national representative from the Veterans of Foreign Wars.  The ceremony will be held at 2 p.m., decided through the VWF and American Legion.  Others may be able to attend, as their services are in the morning.  Brian was totally amazed on what they have here.  Brian inquired, but he was informed there were no grants used for the project.  There is over $200,000 invested in the wall.  They have planned a 5k run as a fundraiser on Memorial Day.  They have the insurance policy.  The Special Event paperwork has been completed.  He shared the t-shirt design.  Mr. Calley assisted with having the DNR contact him regarding the use of the trail.  They said he just had to work with the local trail committee, not the DNR.  They have now been designated as a 501(c)3. 

 

Consent Agenda

 

  1. Approve Independent Bank Checks 69903 to 69960 in the amount of $74,090.99

Approve Independent Bank – File Approval Confirmation

Approve Independent Bank – ACH Transaction Approval Confirmation

  1. Approve Minutes:  Regular scheduled meeting, March 2, 2018
  2. Recognizing the Belding Labor Day Committee as a non-profit organization to obtain a Charitable Gaming License
  3. Planning Commission Appointment – John Thomas
  4. Planning Commission Appointment – Dale Richmond II

 

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

 

Council Member Feehan asked that Item D be moved to New Business Item B.

 

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.        Recognizing the Belding Labor Day Committee as a non-profit organization to obtain a Charitable Gaming License

 

CITY OF BELDING

RESOLUTION NO. 2018-04-18

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN RECOMMENDING FOR APPROVAL  A CHARITABLE GAMING LICENSE FOR THE BELDING LABOR DAY COMMITTEE, THAT IT IS RECOGNIZED AS A NONPROFIT ORGANIZATION IN THE BELDING COMMUNITY

 

WHEREAS,   per the Michigan Charitable Gaming Division, in order for the Belding Labor Day Committee to obtain a Charitable Gaming License to hold 50/50 raffle drawings on September 1, 2 and 3, 2018, it must be recognized as a nonprofit organization operating in the Belding community; and

 

WHEREAS,   the Belding City Council confirms that the Belding Labor Day Committee is recognized as a nonprofit organization operating in the Belding community.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the request from the Belding Labor Day Committee of Belding, County of Ionia, to the Michigan Charitable Gaming Division, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining charitable gaming licenses, be considered for approval.

 

E.        Planning Commission Appointment – Dale Richmond II

 

RESOLUTION NO. 2018-04-20

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING DALE RICHMOND II TO THE PLANNING COMMISSION.

 

WHEREAS,   a vacancy exists on the Planning Commission; and

 

WHEREAS,   Dale Richmond II 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 Dale Richmond II.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Dale Richmond II be appointed to the Planning Commission with a term to expire on June 20, 2020.

 

Reports by Council Liaisons

 

Council Member Miller stated there are three members on the Planning Commission.  They reviewed an application by Sarah Rhodes for a sidewalk variance, which is on Orchard St. across from the school.  The area has a swamp, incline, and is a wooded area.  The sidewalk exemption was granted.  They will be looking at a rezone for Belding Tank.  They are recommending the appointment of two commissioners, Dale Richmond and John Thomas.  They are working on the zoning ordinance.  They had a great discussion and will bring it to city council in the future. 

 

Council Member Meyers stated he had no meetings.  The Housing Commission meets on April 19 and the Rec Board meets on April 9.

 

Council Member Scheid had no report.

 

Council Member Feehan stated he missed the Museum Board meeting. 

 

Mayor Gunderson stated the library bills were paid and he distributed the Spring Program Schedule.   

 

Unfinished Business

 

  1. Discussion of Medical Marijuana Ordinance

 

Council Member Scheid made a motion to bring the discussion of a medical marijuana ordinance to the table, supported by Council Member Feehan.

 

City Manager Niemela stated they have talked about it quite a bit.  The planning commission has discussed it.  At some point in time they should give some kind of direction to the planning commission.  They had talked about the development of an ordinance to allow a grow facility. That must be initiated by city council.  There are three choices – do nothing, take a position to recommend that the planning commission proceed with the development of an ordinance for licensure of a facility under the law, or take the position that they are not interested in having an ordinance.  They should come to some decision on a direction for those making inquiries.    

 

Mayor Gunderson stated he sat through the presentations.  Mr. Ratliff has been at the planning commission and city council, and council should make a decision so Mr. Ratliff knows where council is at.  The planning commission should know on the rewrite of the zoning ordinance.    

Council Member Meyers stated he attended a meeting with John in Lansing.  One presentation was on medical marijuana.  It was more confusing after the meeting.  The director of the program spoke and took questions.  One of things about zoning was when you write a zoning ordinance for this you are not allowed to write an ordinance that would go against intent of the law or intent of the rules.  Rules are set by the governing body.  Outside grows are not covered in the law.  The rules committee decided the question would come up.  They have rules for outside grows.  They are not allowed to rule against outside grows, as it is within the rules.  They talked with the election in the fall, what happens if they move on recreational use?  His own belief was they do not know.  He didn’t know if medical facilities could become recreational?  Would there be separate rules or combined?  With what is coming up in the fall, it muddies up what they are voting on.  If they say yes to proceed with medical grows and facilities, does it tie them into recreational?  It is not clear what they are doing if they do it now.  It is unclear on what is being asked and what they are agreeing to. It is difficult in his mind.

 

Council Member Scheid stated the majority of the people he talked to in town are against it.  The ones that need it want it.  Until they define the rules, maybe they should bring it to a vote of the public at the next election.  A good 75% of the people he talked to said no. 

 

Council Member Feehan stated there is a lot of confusion over this, and it is his understanding that they shut down 210 dispensaries in Michigan.  He has information from the State Police drug enforcement, and he said don’t get involved.  There are a lot of problems with it.  He is totally against it.  There is too much confusion.  Something is coming up in the fall on this.

 

Council Member Miller stated they truly need to compartmentalize the issue, and separate all areas.  Is there enough information supported by the State to make a decision to support or reject? He listed communities that have ordinances for this.  The ordinance can control all, they can say one facility.  When it does get approved, it negates all out there, and does not let a medical facility become recreational.  They want to escape criminalization, and embrace medical.  Is it culturally accepted?  He saw an individual who had major medical issues, in which cannabinoids, a chemical compound in marijuana which does not get the patient high, have stopped medical problems such as seizures and convulsions.  There is a physiological need for it as we have cannabinoid receptors.  It also helps with opioid addiction.  It is not necessarily the case that it would lead to other drugs, but it can get individuals off opioids or heroin. It has healing benefits. He asked, does it belong in that location – maybe or maybe not?  They follow it from seed to the dispensary.  It has to be monitored.  They cannot grow extra plants.  There are cultural norms, and can it be accepted?  He is torn, as he can look at both sides.  He would have a tendency to opt in from that point.

 

Council Member Meyers stated he would agree with the portion regarding the way they look at it. Maybe it is the way they were raised.  With the cultural mores and norms of a small town like this, are they willing to accept it?  There are some things that come before council, when what is right for the community is right.  That is the direction he would want to go.  He doesn’t think it raises to that level.  He represents the people in Belding and it is not just his thoughts.   He needs a better feel for what the City of Belding would like to see, and move in that direction.  Anyone with teenagers knows they don’t always think the way other people do.  Many people get benefits from it.  He wonders what are the feelings of Belding, as they represent them.

 

Mayor Gunderson stated this was brought up years ago and Mr. Ratliff brought it to the forefront to the planning commission and council.  They should give him direction.  If they were to enact something in zoning, they could limit the number. He has talked to a lot of people and gets comments about the financial strain on the police department.  He has done reading.  There are rules, regulations and checks you have to follow, and not a lot of money for the city.  They were elected and for him to weigh in on the location, that would not be fair.  He is not sure if he likes it within the city limits. It comes back to the people and what they want.  It is bigger than the council and planning commission.  It should go to the people.  Until there is a direction, there is a lot of time being spent talking at the planning commission.  It would have to be part of zoning.  He doesn’t know about putting it on the election, or the timing of the zoning part. 

 

City Manager Niemela stated they can write an amendment for whatever exists.  It would start in August or November with the elections, and they would have to live with the answer.  They were elected to make decisions for the public.  If they made the decision to move forward, it would not be done in a vacuum.  There are public hearings.  The council and planning commission could react to that.  They would get those most impassioned on both sides of the issue. The current law allows relationships with growers and patients.  From discussions they had at planning commission and council, it has been centered on the growing part of it.  They have a right to control the elements they want to allow.  His customer is in Ann Arbor.  It may end up back here as a product.  What element of this whole process is being discussed?  If they only talked about growing, is that acceptable to have in the City of Belding?  They could bring it to the voters in August or November for an answer on that.    

 

Mayor Gunderson stated the biggest problem he sees is that it involves more than just what Mr. Ratliff is here for.  The problem is they want that direction from council. 

 

City Manager Niemela stated if they draft an ordinance, what will the council accept?  They get down to the fine detail.  The challenge in every city is what they want, and to put it in black and white.  They could give general direction to the council. 

 

Council Member Miller stated there is a lot of information around Colorado and what it did for the policing levels.  It is not the same element of crime, as it is controlled and broken into sections.  It is not at the level of the black market or theft.  Most goes into medical use.  All bets are off if it comes to recreational.  Then they would redo the whole thing again.  There is not a big track record in Michigan yet. 

 

Jeff Hunter asked if they understood the medical benefits?  He asked if they could take their opinions if they are not educated? 

 

Mr. Ratliff stated they would have a small, well controlled facility.  He stated he would agree with them and would like to hear more of what the community would say, so it might be beneficial to do more education for the public.  He does not want to open this facility up and have people picketing outside.  He could do another presentation.  A lot of people do not understand the benefits it has.  He and his wife are passionate about it. 

 

Council Member Scheid made a motion to educate themselves more on this before a decision is made to direct the planning commission, supported by Council Member Miller.

    

Council Member Scheid stated if they do have a meeting, it should be put out in the public so they can come in.  Maybe not in this setting.  Maybe at the gym in the school.  Get people to come in.  See what they think.  If the citizens don’t want it, they won’t do it.  Make the discussion on how to handle this.  It is not for the five of them to choose what is best for the community, because they don’t know better. 

 

Mayor Gunderson asked, with education, do people understand it?  The simple fact is he knows there is a fear attached and a stigma.  He honestly doesn’t know the direction he would go right now.  He knows the residents put them in place to make decisions.  It is almost five years since his last election, and there have been a lot of changes in society.  It is such a topic of discussion and what is right.  He would rather it be out in the township, but Mr. Ratliff and the planning commission have come several times.

 

Council Member Meyers stated in fairness, if council continues on and gets very little participation, council should be prepared to make that decision for Mr. Ratliff.  They don’t get a lot of participation at meetings.  That would leave it up to council to make the decision

 

Council Member Miller stated he would applaud everyone for their transparency.  It is appropriate to do a final gut check with the community and themselves and see where everybody stands.  The views and values could be different than other cities. 

 

Mayor Gunderson stated if there was a community meeting, the vote would not have to occur that night.  There would be letters coming in.  He will work with the city manager on when they do that.

 

City Manager Niemela stated he would not want to include the school at this point.  It should be held at the Bel or another location. 

 

Cheri Peabody stated they could have a booth at the Expo on April 28, with lots of information.

 

John LaClear stated if they want big participation, it would have to be more than on the computer or in the paper, for the average Joe blow.

 

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

 

New Business

 

A.    Use of city streets, facilities and equipment for events on May 28, 2018.

 

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. 2018-04-21

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN GRANTING THE USE OF CITY STREETS, EQUIPMENT AND SERVICES AND A WAIVER OF THE NOISE CONTROL ORDINANCE FOR A 5K RUN/WALK,  ANNUAL MEMORIAL DAY PARADE AND CEREMONY AND DEDICATION OF THE BELDING VIETNAM FREEDOM WALL ON MAY 28, 2018.

 

WHEREAS,               a 5k walk/run, annual Memorial Day parade and ceremony, and dedication of the Belding Vietnam Freedom Wall will take place on Monday, May 28, 2018; and                  

 

WHEREAS,               the 5K Run/Walk will be held on the Fredrick Meijer Flat River Rail Trail, involving intersections along the trail, as well as the possibility of using Kiddville, Root and Reed Streets; and

 

WHEREAS,               a parade will begin at 121 Broas Street, and proceed on Front Street to Depot Street; and

 

WHEREAS,               Depot Street will be closed from Bridge Street to the west mall entrance; and

 

WHEREAS,               a request has been made by Denny Craycraft for the use of city streets, facilities and equipment for the events; and

 

WHEREAS,               the Belding Code of Ordinances Section 34, Article IV – Noise Control, Section 34076 and 34-77 will be suspended for the use of a sound system for music for the event.

 

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

Michigan that use of city streets, facilities and equipment for the 5K walk/run, annual Memorial Day parade and ceremony, and dedication of the Belding Vietnam Freedom Wall, and suspension of the Noise Control Ordinance is hereby granted for May 28, 2018.

 

City Manager Niemela stated in talking with Robert about permission from the trail, they thought it would remain on the trail, but the organizer of the 5k has not confirmed that.  They will have people to stop the traffic at the intersections of the trail.  They would go up and double back for the length.  They felt it was safer to keep it on the trail.  They are also prepared if they used streets.  They are manning the crossings themselves, mostly.    

 

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.     Planning Commission Appointment – John Thomas

 

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. 2018-04-19

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING JOHN THOMAS TO THE PLANNING COMMISSION.

 

WHEREAS,   a vacancy exists on the Planning Commission; and

 

WHEREAS,   John Thomas 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 John Thomas.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that John Thomas be appointed to the Planning Commission with a term to expire on June 7, 2019.

 

The application form says he is not a registered voter, as he just moved back to Belding.  Residency for the one year period will be confirmed.

 

Council Member Feehan made a motion to approve Resolution No. 2018-04-19 with the assumption he is registered before he is sworn in, supported by Council Member Scheid. 

 

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

 

Public Comments

 

Jeff Hunter, 6302 Zahm Rd, stated two officers are going to Greenville, and asked if the police department was being turned over to the county?

 

City Manager Niemela stated three officers have left the department.  One has resigned and is moving to Wisconsin, one resigned to be a public safety officer in Greenville, and one resigned who is leaving at the end of the month.  They are not going to the county and will replace the three positions.  It was under consideration and they did their due diligence.  They did it as a normal course of business and decided to continue as their own department.  The discussion was could the county provide the same manpower that they have with 24/7 coverage.  The officers would be here for the duration of their shifts.  It was not going from full time to part time, but the same staffing they have now. 

 

Mr. Hunter stated they lost dispatch and the ambulance department.  He asked, as they are educated on the medical marijuana zoning, and when they talk to the public, are they educated?  They need to understand the benefits.  If he had known, he would have fed it to his dad.  The two choices now are radiation and chemo, poison and more poison.  Kudos to Brad, as he has done research.  It has huge medical benefits.  They will have to understand it themselves to make the decision.  Let another business come into town.

 

City Manager Comments

 

City Manager Niemela stated he met with the new owner of the property at Dr. Conroy’s old office, 1405 W. State.  He was asking if the sign on the property, Welcome to Belding, could be moved within his property?  He will add another building.  He wanted to move it to the west edge of the property, and he will relocate it.  The contractor is using the building as an office.   He will put a building up with retail space and to store equipment. 

 

He stated council got a copy of the budget and should look at it a bit and come up with questions. They can consider the process.  They will hold a public hearing, approve the tentative budget, and approve the final adoption.  They have had workshops in the past.  He will have staff here for input.  They should pick a time and dates.  They are behind with the Act 51 performance work.  They are on schedule for budget approval.  All budgets are balanced.  Council members should call him or Becky with questions. 

 

The depot had leak issues in the building, predominately around the chimney.  Plaster came down before the Planning Commission meeting.  He is concerned about further damage.  The wall is saturated with water.  They have had a hard time getting people to look at the chimney. DPW made repairs around the chimney.  For the more long-term process, they are working with the Department of Transportation, who will have funding available to replace the roof and repair the plaster possibly, but they can’t do that until after July 1.  They are making quick repairs to get by until then.  The plaster is pretty secure to the ceiling.  For the moment, it is ok, but they will keep checking.  They may have to relocate the DART office to Front Street on a temporary basis.

 

Ernie Thomas was at the Michigan Rural Water Association a couple of weeks ago.  He was given the highest award, the Rolly Olney Lifetime Achievement Award.  It speaks to his entire career since 1974.  He gets training through that organization.  It is pretty exciting.  Ernie is not a person to brag about what he has accomplished.  He has accomplished a lot during his career. He was humble.  He was happy and excited for him.   He deserved it 100%.

 

Council Comments

 

Council Member Scheid thanked Jeff for what he said, and they will have to work on this to see what they can do.  There are no guarantees.  They will keep in touch.  He thanked everyone for coming. 

 

Council Member Feehan had no comments. 

 

Council Member Miller thanked everyone for coming out.  He stated accomplishments should be celebrated – he could be given the key to the city, or it could be Ernie’s day to be the face of the city.  It is a big accomplishment for all of them.

 

Council Member Meyers congratulated Ernie.  It bodes well for him, and it is a good light on the City of Belding.  It is something to be proud of.

 

Mayor Gunderson stated he would echo those things.  Ernie was in Becky’s office, and he was setting there in total disbelief.  It is a great accomplishment.  It has been a lot of years.  He thanked everyone for coming.

 

Adjournment

 

Council Member Miller 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 8:41 p.m.

 

 

 

 

Ronald Gunderson, Mayor

Kareen J. Thomas, City Clerk

 

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