REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, February 6, 2018
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, February 6, 2018.
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 Scheid made a motion to approve the agenda as presented, supported by Council Member Feehan.
Mayor Gunderson noted that the numbering on Resolution 2018-02-08, the reappointment of Mike Henry to the ZBA, should be changed to 2018-02-10.
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 69609 to 69687 in the amount of $97,031.72
Approve Chemical Bank Checks 7186 to 7193 in the amount of $47,935.70
Approve Independent Bank – File Approval Confirmations
Approve Independent Bank – ACH Transaction Approval Confirmations
- Approve Minutes: regular scheduled meeting, January 16, 2018
- Approval of Board of Review Poverty Exemption Guidelines
- Approval of Board of Review alternate start dates
- Approval of waiver of interest and penalty for property transfer affidavits
- Adoption of procedures for granting and removing real property exemptions
- Library Board appointment – David Riches Sr.
- Zoning Board of Appeals reappointment – Mike 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, Meyers, Scheid, Feehan and Gunderson
Nays: None
Following are the resolutions contained in the Consent Agenda.
C. Approval of Board of Review Poverty Exemption Guidelines
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE BOARD OF REVIEW POVERTY EXEMPTION GUIDELINES.
WHEREAS, the Board of Review meets in March each year to consider appeals from property owners regarding the tax assessments; and,
WHEREAS, the poverty exemption guidelines are updated annually to meet federal poverty income standards and maximum threshold of residential value; and,
WHEREAS, the poverty guidelines are as follows:
Persons in family/household Poverty guideline
1 $12,060
2 $16,240
3 $20,420
4 $24,600
5 $28,780
6 $32,960
7 $37,140
8 $41,320
For each additional person $ 4,180
WHEREAS, the following Board of Review poverty exemption guidelines will apply:
1. Applicant must own and occupy the property as a homestead.
2. File a form provided by the City of Belding.
3. Submit federal and state income tax returns for all persons residing in the homestead, as well as copies of any property tax credit returns.
4. Meet federal poverty income standards.
5. Provide driver’s license or other form of identification.
6. Provide evidence of property ownership.
WHEREAS, applicant must meet the requirements of the asset test as follows:
1 person under 65 years $27,264
1 person 65 years and over $27,264
2 persons under 65 years $33,783
2 persons with householder over 65 $33,783
3 persons $40,306
4 persons $46,734
5 persons $51,562
6 persons $59,747
7 persons $66,266
8 persons $72,788
9 persons $78,833
WHEREAS, under the poverty exemption guidelines the Board of Review may grant up to 100% exemption for one year.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Board of Review poverty exemption guidelines are hereby approved.
D. Approval of Board of Review alternate start dates
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN TO ADOPT ALTERNATE START DATES FOR MARCH, 2018, JULY, 2018 AND DECEMBER, 2018 BOARD OF REVIEW.
WHEREAS, the adoption of the alternate Board of Review dates as follows is requested, as required per State Tax Commission guidelines :
For the March Board of Review, second meeting in March, can be held either the Tuesday or the Wednesday following the second Monday in March
For the July Board of Review, an alternate date during the week of the 3rd Monday in July, 2018
For the December Board of review, an alternate date during the week of the 2nd Monday in December, 2018
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the listed alternate dates for the Board of Review are hereby adopted.
E. Approval of waiver of interest and penalty for property transfer affidavits
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN ADOPTING A WAIVER OF INTEREST AND PENALTY FOR PROPERTY TRANSFER AFFIDAVITS.
To adopt the waiver of interest and penalty for property transfer affidavits (PTA) as follows:
WHEREAS, the Michigan State Tax Commission has published in the most recent guidelines for the next AMAR (Assessing Minimal Audit Requirements) audit cycle that included a review of the compliance of charging a fee for interest and penalty under 211.27b for not timely filing form 2766, or the adoption of a resolution to the contrary; and
WHEREAS, MCL 211.27b requires a penalty to be assessed to the buyers of properties if a Property Transfer Affidavit is not filed within 45 days of any transfer of ownership; and
WHEREAS, MCL 211.27b(1c)(1d) defines the penalties by state statute; and
WHEREAS, the AMAR audit provides for a resolution to waive penalties as deemed necessary; and
NOW, THEREFORE, BE IT RESOLVED that the City of Belding, Michigan will adopt the penalties defined by MCL 211.27b (1c) (1d); and
BE IT FURTHER RESOLVED that the interest and penalties may be waived at the discretion of the City Assessor.
F. Adoption of procedures for granting and removing real property exemptions
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN ADOPTING PROCEDURES FOR GRANTING AND REMOVING REAL PROPERTY EXEMPTIONS
WHEREAS, the State Tax Commission requires guidelines within which the Board of Review members operate; and
WHEREAS, the procedures involve granting and removing real property exemptions as described in Chapter 6: Property Tax Exemptions, Abatements and Tax Capture Authorities of the State Tax Commission Manual, Bulletin 7 of 2016 (Senior Citizen & Disabled Family Housing Exemption), Bulletin 26 of 2017 (Charitable Exemption), The Michigan Strategic Fund Board designates Tool and Die Renaissance Recovery Zones pursuant to MCL 125.2688d & Nonferrous Metallic Minerals Extraction Severance Tax Act,(Act 410 of 2012).
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan, that the stated procedures are hereby adopted, and hereto attached making them part of the resolution.
G. Library Board appointment – David Riches Sr.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN, APPOINTING DAVID RICHES SR. TO THE BELDING LIBRARY BOARD.
WHEREAS, a vacancy exists on the Belding Library Board; and,
WHEREAS, the Belding Library Board members have recommended the appointment of David Riches Sr. to the City Council and,
WHEREAS, the City Council desires to appoint David Riches Sr. as a trustee of the Belding Library Board; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan, that David Riches Sr. be, and the same hereby is, appointed as member of the Belding Library Board with a term to expire on December 31, 2023.
H. Zoning Board of Appeals reappointment – Mike Henry
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING MIKE HENRY TO THE ZONING BOARD OF APPEALS
WHEREAS, the term of office for Mike Henry on the Zoning Board of Appeals will expire on February 17, 2018; and
WHEREAS, Mr. Henry has indicated that he is interested in serving another term on the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Mike Henry be reappointed to the Zoning Board of Appeals with a term to expire on February 6, 2021.
Reports by Council Liaisons
Council Member Miller stated the Planning Commission met on January 23. They are down one officer as Jeff Ferman left. They held a public hearing for a sidewalk variance at 315 Bricker, which was not approved. They did approve that he can come back when they have another officer. They went through the zoning map again, looking at the map and ordinance. They have been working on it for some time. They will look at it at the next meeting. During public comment, the issue came up to discuss medical marijuana. A man is looking to purchase property in Belding and is looking for the direction the city will go. He would like to come to the council meeting, with an attorney for additional discussion. There is nothing to act on right away. On January 24, the Historic District Commission met and it was good to get back together. They talked about the city hall and depot study. They had a change in members. There was a report on 221 W. Washington. It was vacant and they tracked down who owned it, which is D&b Asset Management on 44th Street. Regarding the mural dedication, the Friends of the Library will also dedicate the library mural, sometime in May. They discussed the Here Lies Belding tour, and they agreed the Museum will work on that, it is tabled for now.
Council Member Meyers had no report. The Rec Board will meet on February 12.
Council Member Scheid had no report.
Council Member Feehan had no report.
Mayor Gunderson stated the library bills were paid. Bob Ware did not renew at the end of his term in December, so Dave Riches Sr. will sit on the Library Board as a trustee. There is a committee for the 100 Year Anniversary of the library. They are working on the mural dedication.
Unfinished Business
There was no unfinished business.
New Business
There was no new business.
Public Comments
There were no public comments.
City Manager Comments
City Manager Niemela stated at the Planning Commission, they indicated that the individual interested in the marijuana issue could come to the February Planning Commission meeting. He asked if council was interested in an additional update with the emergency rules now in place? If so, there is the possibility to combine that meeting with the next council meeting and have the Planning Commission come. Or council could visit the Planning Commission meeting. Or someone additionally could come to talk as well, for balance. It would not be a debate, but someone not tied to the industry, a neutral party.
Council Member Miller said he would like it at council, and have the Planning Commission attend. Council members agreed.
City Manager Niemela stated the individual is interested in a grow facility, not the rest of the options. He is looking at industrial property. They could talk about the other operations within the ordinance. It is what the city wants to have. They cannot locate any operations here, with no ordinance within the city.
Mayor Gunderson stated it would be informational only, for the public, council and planning. They would not act on it.
City Manager Niemela stated he attended a meeting with the City of Greenville, engineer and kayakers, as part of the application approved by the DNR for the kayak launches for Greenville and Belding. There is no date to start the project, sometime this summer possibly. He shared with the group that the best location in Belding would be East Riverside Park. They could use a portion of the ramp, or spots on either side of it. They tend to shy away from blacktop, as it is slippery. Grassy areas are better. The kayakers thought it would be in East Riverside Park. They will have to notify the DNR about the location change from Central Riverside Park. They have discussed the project at Rec Board.
He attended the MEDC Redevelopment Ready Communities – Best Practices event. They went over 1, 2 and 3 of the 5 elements. They talked a lot about zoning. Each jurisdiction brought a zoning ordinance to use in an exercise, a sample project. He shared with the presenter the current and proposed zoning ordinances for the city. The presenter said keep what they have and fine tune that. Less is not better, he said. They could tweak it to make it easier to find the information. He had a concern about the lack of detail in the draft. They could include graphs and charts to clarify. He had a good example of a zoning ordinance from Battle Creek. MEDC is a resource to the communities.
He attended the Greater Transportation Committee meeting, including Montcalm County, Ionia County and the Department of Transportation. They talked a lot about things going on in Greenville. Belding will host the meeting in April. They are glad Belding is participating in it. There has been little to nothing referred to south of Greenville. They will look at the transportation system here and put it into the process.
There is a sidewalk issue, and the property owners repaired it. They brought the issue to his predecessor, who said he would bring it to city council. They are asking for reimbursement of the repair to the sidewalk, as the city put it in, and it has deteriorated. He will turn it over to the city insurance company. It is a stretch, but it doesn’t hurt to ask. They can wait for the insurance company decision. It was $2,700.
Mayor Gunderson asked how long ago?
City Manager Niemela stated the contact to Bruce was in July. The original sidewalk on Alderman Street was installed 11-12 years ago.
Council Member Meyers asked if it was an 11 year old sidewalk, why is it the responsibility of the city?
City Manager Niemela stated they feel the city replaced it deficiently, and it deteriorated more than it should have. They feel the city should replace it.
Council Member Meyers stated with every square the city replaces, would it need a warranty for so many years, an 11, 12, 13 or 14 year warranty? Why after 11 years would it fall back to the city is his concern?
Council Member Miller stated a large amount of sidewalks were replaced in 1990, and he doesn’t recall if he paid for that.
Mayor Gunderson stated it was put on the taxes or you did it yourself.
Council Member Miller stated it opens the city up. They don’t know what happened to the sidewalk, and salt or fertilizer could eat away at the sidewalk.
City Manager Niemela stated the conversation was about that block of sidewalk. The whole section was replaced. He doesn’t know if it was trees uprooted or if it was torn up to put in a sewer line. They questioned if the job was done right, was it defective? That section is in very rough shape and all busted up.
Council Member Feehan stated they should wait for insurance.
Mayor Gunderson stated asking the city after 11 years is a bit much. It should have reared its head earlier.
Council Comments
Council Member Meyers had no comments.
Council Member Scheid stated he brought the sidewalk to John’s attention. They had to take trees out. The city hired someone to put in the sidewalk, and it appears it was bad concrete. He thinks the city has some responsibility, but not total. It went the whole length of the block. The contractor screwed it up.
Council Member Feehan had no comments.
Council Member Miller had no comments.
Mayor Gunderson thanked everyone for coming.
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 7:30 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
