REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, December 4, 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, December 4, 2018.

 

Mayor Miller delivered the invocation.

 

The Mayor led the audience in the Pledge of Allegiance.

 

The City Clerk took the roll call:

 

Members Present:        Council Members Mike Scheid, Jorel Davis, Bruce Meyers, Douglas Feehan and Brad Miller

 

Members Absent:        None

 

Approval of Agenda

 

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

 

City Manager Niemela John asked to add Item B to New Business – Discussion of offer on Ranney Village property.

 

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

 

            Ayes:               Council Members Scheid, Davis, Meyers, Feehan and Miller

            Nays:               None

 

Public Comments

 

Denny Craycraft stated he wished to give an update on the Veteran’s Park.  The walkway around the wall has been completed, as well as the lighting on the back of the wall and the lighting on the front of the wall has been fixed.  As a project between now and Memorial Day, there are two spots that are now sand on the way to the wall.  In Mississippi he saw big planters on a slant.  In the middle of one was a big blue star, for the Blue Star mothers who had a person in the service.  They made the previous WWII monument happen.  The other planter had a big gold star for the Gold Star mothers, who had a child killed in Vietnam.  The Belding Garden Club made a donation to the park.  He will ask them to have it happen with the gold star and blue star.  He ordered the field cross in bronze, with the helmet, rifle and boots.  It will be set in the center of the wall.  A man from Rockford will buy the field cross.  On Labor Day, he was $45,000 short of having everything paid for.  Now it is down to $23,000.  He has a lot of programs.  It is a State monument with all the names on the wall.  The park is becoming more known around the state.  Another monument will go up by the WWII monument, which will be unveiled on Memorial Day.  It is a piece of history.  On Memorial Day, he would like the city to put the bleachers up.    He will be back again before Memorial Day.  His program will be about 2 p.m.  He would like to have a Congressional Medal of Honor recipient as well as the new governor.  He will send a letter and DVD to President Trump.  Others have services in the morning, so that is why he is having the afternoon event.  That will be the closure of the Vietnam Wall, although it may not be the financial closing.  This program should be double of the last one.  The best things are coming in the future.  He has been in contact with the DNR, as he wanted a wide sidewalk to the pathway and it has to be done with the approval of the DNR.  He met with the director in charge of the walkway and he said that would not be a problem.   He is looking at designs of monuments to go down the side of the walkway.  The director of the DNR said that should not be a problem.

 

Consent Agenda

 

  1. Approve Independent Bank Checks 71283 to 71312 in the amount of $164,528.11 and Checks 71313 to 71353 in the amount of $42,310.76

Approve Chemical Bank Checks 7291 to 7296 in the amount of $9,612.96

            Approve Independent Bank – File Approval Confirmation

            Approve Independent Bank – ACH Transaction Approval Confirmation

  1. Approve Minutes:  Regular scheduled meeting, November 20, 2018
  2. Planning Commission reappointment – John Sparks

 

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 Scheid, Davis, Meyers, Feehan and Miller

            Nays:               None

           

Following are the resolutions contained in the Consent Agenda.

 

C.        Planning Commission reappointment – John Sparks

 

RESOLUTION NO. 2018-12-74

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING JOHN SPARKS TO THE PLANNING COMMISSION.

 

WHEREAS,               the term of office of John Sparks on the Planning Commission expired on December 1, 2018; and

 

WHEREAS,               Mr. Sparks has indicated that he is interested in serving another term on the commission; and

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that John Sparks be reappointed to the Planning Commission with a term to expire on December 4, 2021.

 

Reports by Council Liaisons

 

Council Member Scheid had no report.

 

Council Member Davis stated there has not been a ZBA meeting.

 

Council Member Meyers stated there is a Rec Board meeting on December 10 and the Housing Commission meets on December 20.

 

Council Member Feehan had no report.

 

Mayor Miller stated the Planning Commission meeting was cancelled. 

 

Unfinished Business

 

There was no unfinished business.

 

New Business

 

A.    Ordinance No. 548 – to prohibit marijuana establishments and facilities in the City of Belding – adoption

 

The City Clerk read the preamble to the ordinance.

 

Council Member Scheid moved the adoption of the ordinance and the motion was supported by Council Member Feehan.

 

ORDINANCE NO. 548

 

AN ORDINANCE TO ADD CHAPTER 58, ARTICLE IX, SECTIONS 58- 178 – SECTIONS 58-180, INCLUSIVE, TO THE CITY OF BELDING CODE OF ORDINANCES TO PROHIBIT MARIHUANA ESTABLISHMENTS AND MARIHUANA FACILITIES IN THE CITY OF BELDING

 

THE CITY OF BELDING ORDAINS:

 

Section 1.  Addition of Chapter 58, Article IX.

 

That the Code of Ordinances is hereby amended by adding a new Chapter 58, Article IX, Sections 58- 178 – Section 58-180, inclusive; such sections to read as follows:

 

ARTICLE IX.           MARIHUANA ESTABLISHMENTS AND MARIHUANA FACILITIES.

 

Sec. 58-178. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)    IHRA means the Industrial Hemp Research Act, 2014 PA 547, MCL 286.841 et seq.

(b)    Marihuana establishment means that term as defined in the MRTMA.

(c)    Marihuana facility means that term as defined in the MMFLA.

(d)    MMFLA means the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended.

(e)    MMMA means the Michigan Medical Marihuana Act, 2008 IL 1, as amended.

(f)     MRTMA means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended.

 

Sec. 58-179. Marihuana Establishments and Marihuana Facilities Prohibited.

(a)    Pursuant  to  Section  6  of the  MRTMA,  marihuana establishments are prohibited within the boundaries of the City of Belding.

(b)    Marihuana facilities are prohibited within the boundaries of the City of Belding.

 

Sec. 58-180. Rights Unaffected by Article.

(a)    Except as specifically provided in Section 58-179 above, this article shall not affect the rights or privileges of any individual or other person preserved under the MRTMA.

(b)    This article does not affect the rights or privileges of a marihuana facility outside of the City of Belding to engage in activities within the City of Belding that it is permitted to engage in under the MMFLA within a municipality that has not authorized marihuana facilities to operate within its boundaries.

(c)    This article does not affect the rights or privileges of registered qualifying patients or registered primary caregivers under the MMMA or the MMFLA.

(d)    This article does not affect the rights or privileges of any individual or other person under the IHRA.

(e)    This article does not affect the rights or privileges of any individual or other person under any other federal or state law, rule or regulation related to the medical use of marihuana.

 

Section 2.  Effective Date.

This  ordinance  is  declared  to  be  an  emergency  ordinance  and  shall  become  effective  upon  its publication in a newspaper of general circulation in the City of Belding on    December 6, 2018.

 

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

 

            Ayes:               Council Members Scheid, David, Meyers and Miller 

            Nays:               Council Member Feehan

 

B.     Discussion of offer on Ranney Village property

 

City Manager Niemela stated at the last meeting, council did a budget amendment to make the property tax payments on the Ranney Village property.  The city did get an offer from Miller Bliss Properties, LLC in the amount of $200,000.  He is looking for the support of council to proceed on the paperwork to accept the offer.  The attorneys have reviewed the offer and offered technical suggestions.  He would have the paperwork back to council on December 18 if they wish.  The city would be $206.00 to the good with the offer.  There was $40,000 plus from the legal fees in order to pay $1.00 for the property.  It was a couple thousand for the Phase I on the property. The new owners are looking at what was proposed with two to three unit condos.  There was conversation on the balance of the property, regarding the potential of a multi-family structure on the north parcel.  That would have to be clarified.  The city would like to retain the NW corner of the property for a potential water well.  The new owner will have a discussion with the existing condo group on how they would like to participate or not.    

 

Council Member Feehan made a motion to authorize the city manager to proceed with the paperwork to move forward on the sale of the Ranney Village property, supported by Council Member Scheid.

 

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

 

            Ayes:               Council Members Scheid, David, Meyers, Feehan and Miller 

            Nays:               None

 

Public Comments

 

There were no public comments.

 

City Manager Comments

 

City Manager Niemela stated due to the weather, they still had a decent event for Home for the Holidays on Saturday for the parade and tree lighting ceremony.  A lot of people gave a lot of effort to make the events happen, and they deserve thanks.  Those who were there were happy.  He is meeting with the developer for the Breimayer lot tomorrow.  He will have more information at the next meeting. 

 

Council Comments

 

Council Member Feehan stated there are a lot of solicitors going door to door.  He would like to include in the newsletter a request for the people to check to see if they have proper permits to go door to door. 

 

Council Member Scheid had no comments. 

 

Council Member Davis stated he wished to thank Denny for all the work he has done.  It is value added to Belding and brings positivity to what Belding is doing.  He stated he appreciated it and thanked him. 

 

Council Member Meyers stated he had a great time at the Candlelight Reception at the library.  It was a good time and a nice event.  He thanked everyone for coming to the meeting.  He echoed the thanks to Denny.  He asked how the legal descriptions were coming for the Housing Commission? 

 

City Manager Niemela stated the city is using the Varnum Riddering survey group.  He will follow up on the conversation he had last Thursday. 

 

Mayor Miller thanked Denny and said he did a great job.  He thanked everyone for coming out.  The Candlelight Reception was phenomenal.  They went to the craft show.  He loved the dancing candy canes at the parade.  The weather was challenging.  There was good attendance.  It was greatly appreciated.  He congratulated the DPW for having the best float.  It is still a Hallmark holiday.

 

Adjournment

 

Council Member Scheid moved to adjourn the meeting, supported by Council Member Feehan.

 

Ayes:               Council Members Scheid, Meyers, Davis, Feehan and Miller

            Nays:               None

           

The Mayor adjourned the meeting at 7:40 p.m.

 

 

 

Brad Miller, Mayor

Kareen J. Thomas, City Clerk

 

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