Approval of Agenda

City Manager Niemela asked to add Item C to New Business for an Emergency Marijuana Ordinance.

Council Member Feehan made a motion to approve the agenda as amended, 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 and Feehan

            Nays:               None

Election Agenda

A.    Acceptance of Report of Ionia County Board of Canvassers

Jorel Davis                  722

Douglas Feehan          741

John LaClear               580

Mike Scheid                923

The report of the Ionia County Board of Canvassers has not been received. 

B.     Oath of Office

City Clerk Thomas administered the oath of office to Jorel Davis, Douglas Feehan and Mike Scheid.

C.    Election of Mayor

Council Member Feehan made a motion to elect Brad Miller as Mayor, supported by Council Member Scheid.

Council Member Miller made a motion to elect Bruce Meyers as Mayor, supported by Council Member Davis.

The question on the motion to elect Brad Miller as Mayor was called and the result of the voting is as follows:

            Ayes:               Council Members Feehan, Scheid and Miller

            Nays:               Council Members Davis and Meyers

Brad Miller was elected Mayor.

D.    Election of Mayor Protem

Council Member Feehan made a motion to elect Mike Scheid as Mayor Protem, supported by Council Member Scheid.

Council Member Miller made a motion to elect Bruce Meyers as Mayor Protem, supported by Council Member Scheid.

The question on the motion to elect Mike Scheid as Mayor Protem was called and the result of the voting is as follows:

Ayes:               Council Members Scheid and Feehan

Nays:               Council Members Miller, Davis and Meyers

The question on the motion to elect Bruce Meyers as Mayor Protem was called and the result of the voting is as follows:

            Ayes:               Council Members Davis, Meyers, Scheid and Miller

            Nays:               Council Member Feehan

Bruce Meyers was elected Mayor Protem

Public Comments

There were no public comments.

Presentation – Audit Report – Peter Haefner, Vredeveld Haefner LLC

Peter Haefner stated that a clean opinion was issued on the audit.  He reviewed highlights of the audit with a power point presentation.   

Consent Agenda

Reports by Council Liaisons

Council Member Feehan had no report.

Council Member Scheid had no report.

Council Member Meyers stated the Rec Board met on November 12.  The city manager stated there was final approval on the trail which will run along the mural wall and river.  The engineering on the basketball courts is being done.  $8,000 was allocated by the DDA to install benches in the downtown area.  A BYBL report was given noting some of their needs.  They have formed their own leagues.  They need board members and volunteers.  Jenny Bennett gave an update on the Beatnik Bazaar.  There were 70 vendors, and about 3,000 in attendance a day.  She loved the Gathering Place as the location.  The next meeting will be held on December 10.

The ZBA met on November 14 to consider reducing the side yard setback at 903 S. Bridge from 10 feet to 5 feet and the year yard setback from 35 feet to 28 feet.  That request was approved.  The other requests were to reduce the rear yard setback at 415 Alderman from 35 feet to 25 feet, and the year yard setback at 421 Alderman from 35 feet to 12 feet.  Those requests were denied. 

The Housing Commission met on November 15.  There was a presentation by an attorney on the marijuana law.  The Housing Commission does receive federal dollars, so it is still illegal to use marijuana on Housing Commission property.  The bills were paid.  A twenty year need assessment is being done for RAD.  There will be potential rehab items for the conversion. 

Mayor Miller stated the Planning Commission and Historic District Commission had no meetings. 

Unfinished Business

There was no unfinished business.

New Business

A.    Budget Amendment – FY 2018-19

The City Clerk read the preamble to the resolution.

Council Member Feehan moved the passage of the resolution and the motion was supported by Council Member Meyers.

B.     Medical Marijuana Ordinance

Council Member Meyers made a motion to bring the medical marijuana ordinance to the floor for discussion, supported by Council Member Feehan.

City Manager Niemela stated there was a request by Bradley Radliff for the city to opt in to the medical marijuana process, to pursue a grow facility.  The motion was defeated by a tie vote, with the observation it could come back after the election.  If council desires, they could instruct the Planning Commission to develop an appropriate ordinance to allow a grow facility in Belding.  It must be located on industrial or agricultural property.  It is the industrial property that Radliff is looking at.  The Planning Commission would develop an ordinance to bring back to city council.  He has talked to legal counsel and they would make sure it is appropriate to the city.  They could move rather quickly.  The parcel for the permanent facility is zoned industrial.  They would like to use the front facility on a temporary basis while building the permanent structure.  One option would be a temporary rezone.  They could use the existing building to grow under the caregiver act, at 32 plants per caregiver.  The property is zoned B-2.  Through the Planning Commission, it could be classified as a greenhouse or nursery without changing the zoning. If council approves, they will acquire the property.

Council Member Meyers made a motion to grant permission to the Planning Commission to move forward to develop an ordinance allowing a medical marijuana grow facility, supported by Council Member Davis.

Ayes:    Council Members David, Meyers and Miller

Nays:    Council Members Feehan and Scheid

C.    Recreational Marijuana Opt-Out Ordinance

Council Member Feehan made a motion to bring Ordinance No. 548 to the floor for discussion, supported by Council Member Meyers.

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.

City Manager Niemela stated according to legal counsel, the law initiated by the voters would become effective with approval by the State Election Commission.  There are no rules for businesses related to recreational marijuana.  The ordinance would restrict the business side of recreational marijuana.  For medical marijuana, the city must opt in.  For recreational marijuana, the city must opt out.  Businesses could locate in the municipality.  Most municipalities will wait for the rules, then move to do what they wish to do.  He wants the ordinance in place before the 6^th of December.  It would be effective upon publication.  It would be in place by December 6.  

D.    Temporary Street Closure – “Home for the Holidays” Christmas Tree Lighting

The City Clerk read the preamble to the resolution.

Council Member Meyers moved the passage of the resolution and the motion was supported by Council Member Feehan.

Public Comments

Jim Mason, 210 S. Broas, stated on behalf of the Friends of the Belding Library, he wished to invite them to the fundraiser of the year, the Candlelight Reception on November 26 at 7 p.m.  There will be gift baskets, refreshments and entertainment.  He would like to introduce all council members to the community.  He distributed a personal invitation to all members of council. 

Jeff Hunter, 6302  Zahm Rd., asked, didn’t the city spent $30,000 on the Rayborn unit in the mall, to sell it for $1.

City Manager Niemela stated he did not want to give misinformation.

Mr. Hunter stated they are not developers and it is a waste of taxpayer money.  They will spend $153,000, and they know nothing.  The pavilion is falling apart.  The fire department is looking for grants for air tanks. 

City Manager Niemela stated they have a replacement schedule, but would replace all air tanks if they receive a grant.

Mr. Hunter stated they could use the $153,000 and not use grants.  The police department cannot run the DARE program any more.  He asked if they realized how bad the heroin problem is, and that would help a lot.  They have one officer that the kids seem to really like, and he hangs out at the skate park.  He wants the DARE program funded.  He stated they should do something good for the community instead of wishful thinking on buying and selling property. 

City Manager Comments

City Manager Niemela stated the MML offers a series of workshops for newly elected officials training.  It would be of value for all council members.  A session will be held on Tuesday, December 11 in Lansing at the MML office in the evening from 5:30 to 9 p.m.  He would like all five members to participate. 

Council Member Feehan stated he would be working. 

City Manager Niemela stated there was a photo op regarding the metal boxes that are on the public works buildings for fire extinguishers.  They had been damaged.  Robroy came up with  fire extinguisher cabinets.  They gave the city six fiberglass boxes.  They are a great community partner.  They are very pleased with the metal boxes.   

City Manager Niemela stated he has reached out to the developers for the Breimayer lot.  They will work on the plans to complete the process.

Council Comments

Council Member Feehan stated on the consent agenda, new member appointments should be brought to new business.  It would be nice if they could be here to introduce themselves. 

City Manager Niemela clarified that this would not be for reappointments.

Council Member Scheid had no comments. 

Council Member Meyers wished to thank city staff for the work they did on the audit.  He appreciates all their hard work.  He congratulated Brad in his new position to continue to move the city forward.  He welcomed Jorel.  He congratulated Doug and Mike.

Council Member Davis stated he would agree to move the process to appoint members to the boards out of the consent agenda.  They should put the right people where they will shine.  He congratulated Brad and Bruce on their new positions and Mike and Doug on their reelection.  He will like being on the board. 

Mayor Miller thanked Doug and Mike for the tutelage over the years.  The position of mayor has a lot pressure and responsibility.  He thanked everyone for their vote of confidence.  He has big shoes to fill.  If everyone would work with him, he would appreciate it.  He thanked Bruce, as they juggle at times for the same thing.  He thanked everyone and shared that it is very humbling. He kind of questioned the role of mayor, and was asked if he truly believed in Belding.  He lives here and enjoys the tree lighting and Labor Day celebration.  When he first moved here he didn’t know the town.  He lived in downtown Grand Rapids on Heritage Hill and there was crime and drugs.  He drove home from Saginaw, and there was a carnival going on here.  There were all the events.  They had little kids and took them to everything that weekend.  He has a love for this town and wants to become the steward of the community.  He respects the role. 

City Manager Niemela stated Becky is 99.9% of the reason the city gets a clean opinion on the audit.  It is a tremendous amount of work, and she should get much more credit.

Work Session

Council Member Feehan made a motion to bring the discussion of the board and commission appointments and liaisons to the floor for discussion, supported by Council Member Scheid.

Adjournment

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

Mayor Miller stated without objection, the meeting is adjourned.

The Mayor adjourned the meeting at 8:32 p.m.