REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, October 2, 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, October 2, 2018.
Mayor Gunderson delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The Acting Clerk took the roll call:
Members Present: Council Members Brad Miller, Bruce Meyers, Douglas Feehan and Ronald Gunderson
Members Absent: Council Member Mike Scheid
A motion was made by Council Member Feehan to excuse Council Member Scheid from tonight’s meeting, 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, Feehan, and Gunderson
Nays: None
Approval of Agenda
Council Member Feehan made a motion to approve the agenda as presented, 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, Feehan, and Gunderson
Nays: None
Public Comments
Amy Boyd, 227 E. Liberty St., She said she is here to support the Medical Marijuana facility. She feels people may be confused what it is. This is not a dispensary; it will not be open to the public. It will not contribute to the drug problem. The product grown will be shipped out of our City and will be producing CBD oil, which will be helpful for kids with seizures, cancer patients to help with their vomiting; all kinds of medical conditions for use of CBD oil.
Roger Scheiren, 908 N. State Rd., he said he’s here to support the Medical Marijuana facility. He doesn’t feel it should have taken this long to get on the agenda. He feels there is a big misunderstanding about what the facility is. It is not a dispensary; it’s a grow/harvest facility with the product being shipped out. The product isn’t any good for recreational drug use. He’s seen a lot of misinformation. There is a lot of information out there if people want to learn more about both sides of the equation.
Karen Stephens, 330 Pine View Dr., she is also here to support Medical Marijuana facility and to express her concern about the length of time it has taken to get on the City Council agenda. The product is not for recreational use. The CBD oil isn’t going to get anyone high. It’s a product used solely for medical purposes. She wondered if we would be having this debate if this were Fizer talking about opening a processing plant, and the product they were sending across the State were insulin, or an Epi-pen. She would imagine that the mark-up and the profit would be actually more than the grow facility with their CBD oil. She talked about what it took for her to get here tonight, and the support extended. She feels we might be missing an opportunity if we don’t let this company come in. She doesn’t want Belding to miss out on an opportunity.
Sam Mason, 560 W. Main St., he said he is also here to support the grow facility. He talked about how he worked at Fizer and saw how it was operated and how the security was. Fizer is now one of the largest facilities for medical goods in the world. They started out very small. This grow facility individuals have done their homework. He doesn’t feel it should have taken as long as it did. He feels the City needs to get on the bandwagon for the movement or the movement will pass us by.
Chad Cernick, 810 Morton. He feels there are more people who haven’t spoken up. He feels we cannot pass this up. He is also disappointed about how long this has taken…a year! He feels he knows for a fact that these streets need repair, and yes, we’re working on them now but the revenue alone could help the City out. He hopes that everyone speaking now will encourage the Council to vote yes.
Bobbi Gavitt, 901 W. Ellis. She feels it is ridiculous that it has taken so long. The people involved are proactive, modern, educated; they know what they’re talking about. She feels it was up to the Council Members to do their homework; she thinks some may have. She feels some other town may get this if Belding doesn’t, and they’re going to benefit in a whole bunch of ways that Belding should. She feels the City has made the individuals who want to bring the facility here, jump through hoops that she doesn’t feel they would have made anyone else. She talked about it not being anything but medical. She wonders why Belding wouldn’t want to benefit from this too.
Lisa Ratliff, Bostwick Lake. She is one of the individuals who want to open the facility. She is only wanting this because she has seen the good it has done. She wants to simplify this, it is for medicine. She would have liked to use the word cannabis instead of marijuana, but due to the Michigan Act, medical marijuana has to have the word marijuana in it. She said they are not here
for anything political, make changes or anything like that. They are just here to open a business to help the City. She talked about the city in which she grew up and what they do for their City. She would like the same things for Belding. She didn’t want to give up on the community if it passes.
Amy Walker, 222 Alderman St., She supports CBD oil. Her relatives have had to use it, and her dogs use it to calm them down.
Patrick Cordermyles, 812 Pearl St., said he is opposed to the grow facility. He is fond of the CBD oil and the benefits it has. He uses it for his pets. He wishes his brother, who fought cancer would have been able to use it. But the grow facility itself, is not legal at the federal level and that is a big concern for him. He’s lived here for six years and loves this City. But he doesn’t want the stigma of doing it unlawfully. He feels the City should wait until it becomes legal.
James Sullivan, 222 W. Liberty St., he is also against the motion for the same reasons. He feels that as a community to feel we are more knowledgeable than the FDA, is setting the community up to have a bad reputation. He would like to see more research done by the FDA before we participate in this. He would want to see more widespread acceptance and nationwide acceptance as well.
Jeff Hunter, 652 Zahm Rd., said he feels if the City Council waits for the Federal Government to decide to allow this, it will never happen until past his grandchildren’s lifetimes. The only way to get more acceptance on this, is for more and more people to start accepting it. We have a great opportunity to not only bring some growth into town, but to help people out. He got tired seeing his parents taking the drugs that the doctors shoved down their throats when they were fighting cancer. Medical marijuana, cannabis oil, is natural. It’s not the same as the garbage Fizer produces. It’s not the garbage doctors shove down people’s throats. He feels no one around here wants anything for this community. He questioned what is so hard about letting these people have their business. He wonders what more information is needed. He talked about police getting their program back into school system, plus a lot of other things could come to this town. Maybe it would fight the drug problem in this town which is heroin; not pot.
Sally Cordermyles, 821 Pearl St. She is against the facility. She talked about the heroin problem in this community and how it belongs to the community; it is not the fault of the Council. She feels citizens need to get involved. She doesn’t know how bringing in an unprecedented facility, that we don’t have a lot of data on, will affect this community. It would put a stigma on this community, for allowing a facility that is against the Federal law.
Bonita Steele, 528 Ionia. She is in favor of the grow facility. It is a new business and our property values are decent for someone to purchase and do something like this. If part of this is because you didn’t hear from us, then you need to see that you do have the ability to listen. She said nobody has to wait a year to proceed. There is State law, but there are licenses. One area has a facility, and she wonders if anyone talked to them. Because they have very nice things to say.
Consent Agenda
- Approve Independent Bank Checks 70903 to 70967 in the amount of $253,412.43 and Check 70968 in the amount of $32,352.18
Approve Independent Bank – Fire Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
- Approve Minutes: Regular scheduled meeting, September 18, 2018
- Approve Minutes: Closed Session, September 18, 2018
- Historic District Commission reappointment – Brad Miller
- Planning Commission reappointment – John LaClear
- Museum Board reappointment – Bruce Feuerstein
Council Member Feehan 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, Feehan and Gunderson
Nays: None
Following are the resolutions contained in the Consent Agenda.
D. Historic District Commission reappointment – Brad Miller
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING BRAD MILLER TO THE HISTORIC DISTRICT COMMISSION.
WHEREAS, the term of office of Brad Miller on the Historic District Commission expired on September 14, 2018; and
WHEREAS, Mr. Miller has indicated his willingness to serve another term on the commission.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Brad Miller be reappointed to the Historic District Commission with a term of office to expire on October 2, 2021.
E. Planning Commission reappointment – John LaClear
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING JOHN LACLEAR TO THE PLANNING COMMISSION.
WHEREAS, the term of office of John LaClear on the Planning Commission will expire on October 20, 2018; and
WHEREAS, Mr. LaClear has indicated his willingness to serve another term on the commission.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that John LaClear be reappointed to the Planning Commission with a term of office to expire on October 2, 2021.
F. Museum Advisory Board reappointment – Bruce Feuerstein
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING BRUCE FEUERSTEIN TO THE MUSEUM ADVISORY BOARD.
WHEREAS, the term of office for Bruce Feuerstein on the Museum Advisory Board has expired; and
WHEREAS, Bruce Feuerstein has indicated that he is interested in serving another term on the board; and
WHEREAS, the Museum Advisory Board members have recommended the reappointment of Bruce Feuerstein to the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Bruce Feuerstein be reappointed to the Museum Advisory Board with a term to expire on October 2, 2021.
Reports by Council Liaison
Council Member Feehan said he missed his meeting.
Council Member Miller reported on the Planning Commission, September 25. There were three public hearings for sidewalk exemption and we actually had a motion that was made in that meeting to put a moratorium on sidewalk exemptions, pending the review with the Planning Commission and City Council of the current walkable community and sidewalk ordinances. As we started to look at sidewalk exemptions he wanted to make sure they are all on the same page. In regards to the ordinances, they are approving some and some are further out with the sidewalks to nowhere. They are looking to establish a one voice for sidewalks. So they all understand what the sidewalk ordinance is. We can all work on it collectively together. One other thing was to share the walkable community map. So if we do in fact have a sidewalk ordinance, everyone will know what it is. We can then share the information with the community. What are the exceptions; dollars, trees, the topography? Enforcement of the ordinance is another thing. Once we say a sidewalk has to go in, how is that going to be enforced? Follow up for repair and maintenance; who is responsible? They challenged everyone regarding funding. There has been great road improvement recently, but how can we fund sidewalks a bit differently. We need to explore money. Then we discussed the appeal process and going to the ZBA, so if someone gets a decision against an exemption, what is the recourse if they want to go further with that. They feel it is really important to get together. They are making some decisions that aren’t appropriate for sidewalks. We have granted a variance when in fact a sidewalk should go in. The other times maybe we should have a sidewalk and they get the variance. One of the applicants decided to wait and not go through the process until after the moratorium. But we did give exemptions two other applicants.
Council Member Meyers reported that there is a Zoning Board of Appeals meeting tomorrow at 6pm, here at the Depot. There is a Rec Board meeting scheduled for Monday, Oct. 8 at 6:30pm at City Hall. Also there was a Housing Commission meeting on September 20, 2018. He wasn’t able to attend that meeting but Sharon Carlson gave an update to Councilman Meyers. The focus of the meeting was an overview of the financial plan for the RAD conversion. The consultant working on the RAD conversion, Jerry Anderson, was present. The Housing Commission fee accountant was also in attendance talking about the transition. Jerry provided updates on budgets and an explanation of RAD wrapped bundling which lets us look at potential loan eligibility.
These are things that they are looking at in case the Board ever decides to go down that road. Sharon also reported that the dry fire sprinkling system is now complete for Woodhaven. They also went through the normal delinquencies, review of vacancies, maintenance reports, and approval of bills.
Mayor Gunderson reported that the Library Board does have Janet Lambourne on board. She was in attendance but had not been sworn in yet. City Manager Niemela attended and they talked about the three-party agreement which included the addition that was put on the library years ago. The final amount still owed is 1.5 million. There was discussion about the power bill as it has gone up, with the weather as it was with the heating and air conditioning units up on the roof, also the mural wall. The City Manager is looking into it. All the bills are paid and we have a full Board.
Unfinished Business
Council Member Feehan moved to bring the subject to the floor, supported by Council Member Miller.
City Manager Niemela talked about the issue having been discussed for over a year. A lot of information was shared. It was up to the State to come up with the rules. It wasn’t until last December that the Governor came up with a set of emergency rules, which is partly why it has taken so long. As a result of that, Municipalities have two options: they can opt out and not move forward. Or they can opt, in which starts another process. It isn’t going to start tomorrow. It will take time to craft an ordinance. The location is part of the discussion we’ve had this year. Then they would have to go forth to the Planning Commission to craft an ordinance for operations. Then it would go back to City Council and they would have to hold two meetings for an ordinance to be adopted. Then there would need to be an application for a license from the State of Michigan. In the case of a grow facility, State law requires that it be in one of two properties; agricultural or industrial. If where the facility wants to locate, if it is not in an industrial zoned property, they would have to go forth to get it rezoned. Regarding the economics of it, there is a licensing fee that is allowed up to $5,000 annually for each facility that is licensed in the City. Beyond that there are a couple of revenue streams that would come to Belding. One is property taxes, and then there are some State funds that would be available. Those funds would be dependent upon how much revenue is generated statewide by the tax on medical marijuana, and how many licenses they’ve issued statewide. There would have to be a provisionary center. Some communities have moved ahead with this, as they are licensed and operating. There is opportunity to generate additional income, but it is only a guess at this point. He was at a meeting last week and that item on the State election for recreational marijuana may change the revenue stream. Recreational may require you have to opt in and have both if passed in November. He has read the proposal and there is a background paper. He talked about possible revenue that might come in and how it would be distributed. It is new; it has taken time because of gathering the information. A lot of communities have not finished yet, either. He feels the council has given due process to this.
Bradly Ratliff, Bostwick Lake, pointed to his partner, John, and his wife, Lisa. He said that it has been a year working with the Council and Planning Commission. It really would not have moved any more quickly. It’s been a group effort between him, his wife, and his partner. Logistically, Belding is close to Grand Rapids and a major highway. He loves this community and feels it is a great place to locate. He feels like he’s a part of the community. He said this is not going to be a dispensary, but a grow facility only, and then he mentioned the CBD oil and where it would go from here. He’s hoping to get it passed.
Council Member Feehan said they had gone to other communities and turned down. He wondered why they were turned down. Mr. Ratliff said they never gave any answers other than they just weren’t interested. He went to about six areas; they weren’t ready to opt in.
Mayor Gunderson said as far as construction, how much time is it going to build and be licensed. Lisa Ratliff said that the State just approved twenty-three more licenses and they are pretty backlogged right now. It could take six months to a year to even find out if we were approved. Mayor Gunderson said that is providing everything is in place with the City. Ms. Ratliff talked again how that works. State licensing can be phased in with the City’s approval. Mayor Gunderson asked build time and Mr. Ratliff said starting with front building and then work in the back. Mayor Gunderson said the building up front is not industrial so they would have to get a variance for that, and Mr. Ratliff said he understands that.
Mayor Gunderson talked about the process and that it started even before Mr. Niemela came on board. It did come to Council but there were a lot of unknowns on their part, as well as the Council. We have not held them up, because we don’t specialize in this. At that point in time, we decided that Community wasn’t represented. We’ve had to learn up here, and had to educate the public because people hear “marijuana” and they think of it that way. It is what it is because it’s a State law. It isn’t about what we want. It’s about the people who support us and those who don’t. Out of all the families in Belding, there are five of us on the Council, to make a decision that represents the whole town. He said he has educated people who have come to him. His vote will be for those who have come to him and the ones to whom he has gone, and those who have educated him. He understands it’s a business. He talked about how many tax exemptions they have given businesses in town. No one has said thank you to the Council for all their work towards this. Council communicated to find out about the town meeting that people didn’t know about. No one knows what’s going on unless they are involved. The decision made tonight will be represented by the people who have come to him; those in the City of Belding. This process has not been dragged out. We could have told them no and let them go to another town. We allowed them to educate us. If you want to blame us, then do it for our due diligence. We decided to entertain this request and learn more. We could have said not interested in the very beginning, but we didn’t. In this case the pass or fail rate will be a result of those who talked to us. More people came to City Council and Planning Commission because they wanted to know more about this topic. If you really wanted to know more about this, you should come to meetings.
Council Member Feehan said he has talked to a lot of people recently and his vote will be for the people with whom he’s talked and those who called him.
Council Member Miller talked to the Administrator of the Village of Chesaning, and the process has been laborious for everyone. They have currently twenty-one approved licenses for marijuana. They have had zero issues; no criminal activity. It wasn’t that they expected trouble; it was expected that they wouldn’t. It takes times to come to a consensus and they’ve done that too. They worked eight months just on zoning. The person with whom he talked gave him lots of details, and he feels ninety-nine percent of the residents don’t even remember that they have a grow facility. It isn’t any different than other retailer. It has added housing and staff to the Village. There are some other things that came out of it as a benefit to their community. Council Member Miller then said that he’d like to make a motion after Council Member Meyers speaks.
Council Member Meyers said that it takes a long time. Being in the role he has in his own life, decisions can be made pretty quickly, so it can be frustrating. There are certain issues we deal with, and when you reach a certain level you have to make decisions seriously. It’s important that we take that time, and as a community you should be happy that you have a group who wants to do the right things. He has never left a meeting without feeling we are a group working together and he appreciates that. He thanked Bradley Ratliff and his group for going through a lot to do this. He appreciates his willingness to wait out this process. He feels that a couple of comments made about revenue; revenue should not be the only reason to jump on board. It isn’t going to drive him to vote on it. Waiting for widespread acceptance, and if you look at the history of not just Belding but this country, some things went way too long for acceptance; and it wasn’t fair.
Council Member Miller said plans without actions are only dreams.
Council Member Miller made a motion that we the City of Belding opt in to the Medical Marijuana Facilities Licensing Act by Meyers, MFLA, as licensed by the State of Michigan under PA 281-283 of 2016. In addition we would request that Planning Commission create amendments to the current Zoning Ordinance to determine further regulations, licensing and standards around one licensed medical marijuana grow facility in Belding, and subsequently establish pre-regulations, licensing and zoning recommendations around transportation, lab and provision centers to be reviewed and approved in the future by City Council, supported by Council Member Meyers.
Discussion:
Council Member Feehan had none.
Council Member Miller had none.
Council Member Meyers had none.
Mayor Gunderson said the vote tonight could come down to a split decision, which would mean the motion would fail on the table because there are only four Council Members present. It does not mean, if it does fail, that it cannot come back again. It just cannot come back in the same form.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller and Meyers
Nays: Council Members Gunderson and Feehan
New Business
A. Waiver from connecting to city water system – James and Christine Anderson, 980 Hummingbird Lane
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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
GRANTING A WAIVER TO JAMES AND CHRISTINE ANDERSON TO INSTALL A WELL ON THE PROPERTY AT 980 HUMMINGBIRD LANE.
WHEREAS, James and Christine Anderson have purchased property at 980 Hummingbird Lane and wish to construct a home; and
WHEREAS, they wish to install a well on the property, rather than connect to the city water system; and
WHEREAS, Ordinance 86-44(g) states the city council may grant variances from the provisions of this section for the installation of wells to serve new residential structures where the applicant’s property line is located more than 200 feet from a city water main and the application demonstrates unnecessary hardship in connecting to public water service. The decision of the city council shall be final; and
WHEREAS, they have requested a waiver from connecting to the city water system, as the property line of the lot on which they are building is 240 feet from the city water line, and they indicate that the cost of a new city water line would cause “unnecessary hardship” to their project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that James and Christine Anderson are hereby granted a waiver from connecting to the City water line and may install a well on the property at 980 Hummingbird Lane.
City Manager Niemela said the request is to put a water well in on the property they are going to be building on. The distance that would be for them to be able to connect to the City water system is two hundred forty feet from the property line. Two things that impact this in terms of coming to a decision is the cost difference between putting in a water well, or connecting to the City water system. They submitted two quotes for each option. The biggest challenge they have is that the water line they would have to tap into is on the south side of M44, and they are on the North side of M44. They would have to plow under the road and the State would not allow that.
The quote to do the well is fifty-two hundred dollars and some change. The quote for the water line is nineteen thousand dollars and change. It is reasonable to suggest that Council approve him to install a water well based on that.
Mr. Anderson said they’ve looked at that property for a year, but they weren’t aware of the ordinance until after they purchased the property. The only way to take care of this is to get a waiver otherwise it would cost four times the cost of installing a well.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Gunderson, and Feehan
Nays: None
B. Adoption – ordinance amendment – Library Board terms of service
The Acting Clerk read the preamble to the ordinance.
Council Member Feehan moved the adoption of the ordinance and the motion was supported by Council Member Miller
AN ORDINANCE TO AMEND CHAPTER 54 OF THE CODIFIED ORDINANCES OF THE CITY OF BELDING BY AMENDING ARTICLE II, SECTION 54-26
THE CITY OF BELDING ORDAINS:
Section 1. Amendment of Section 54-26.
Section 54-26 of the City Code is hereby amended to read in its entirety as follows:
Sec. 54-26 Composition; appointments; terms; oath of office; responsibility; compensation.
The Alvah N. Belding Memorial Library shall be administered by a library board which shall consist of five directors. Such directors shall be appointed by the mayor with the approval of the council to serve for a term of three years. Each member of the present library board, and each director hereafter appointed, shall serve until his successor is appointed and qualifies. Within ten days after appointment and before entering upon his duties as a member of the library board, each appointee shall file a written acceptance with the city clerk and subscribe and file with the clerk the oath of office. The library board shall be responsible to the city council for the administration of the library. All library directors shall serve without compensation as such.
Section 2. Severability.
The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
Section 3. Effective Date.
This Ordinance becomes effective ten (10) days after its adoption and upon publication in a newspaper of general circulation.
City Manager Niemela said it is the second reading of an ordinance from the last meeting that changes the term of the Library Board from five years to three years. They felt it was more appropriate for a three year commitment because some people might have trouble making a five year commitment.
Mayor Gunderson said he is liaison to this Board and one of the issues is that we could have people fill in a vacancy which might be a three or two year term, because someone could no longer fill that for a variety of reasons. They would fill that void for a short time, but then they would be looking to five years to re-up again. He believes that the reason it had been five years was because they had five members.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan, and Gunderson
Nays: None
C. Amendment of Library by-laws
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 APPROVING BY-LAWS FOR THE ALVAH N. BELDING MEMORIAL LIBRARY BOARD OF TRUSTEES.
WHEREAS, the Library Board of Trustees approved by-laws for the board at the meeting on August 22, 2018; and,
WHEREAS, approval by the City Council is required for the by-laws to become effective.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Alvah N. Belding Memorial Library Board of Trustees by-laws are hereby approved.
City Manager Niemela said this is the second part of what needs to be done to accommodate the change in the ordinance for the term of office.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan, and Gunderson
Nays: None
D. Use of city streets – Belding Band Invitational
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 AUTHORIZING THE TEMPORARY CLOSURE OF HALL STREET AND SUSPENSION OF THE BELDING CODE OF ORDINANCES SECTION 34, ARTICLE IV – NOISE CONTROL, SECTIONS 34-76 AND 34-77 FOR THE BELDING BAND INVITATIONAL.
WHEREAS, the Belding High School is sponsoring the Belding Band Invitational at Rudness Field on Saturday, October 13, 2018 from 8 a.m. to 11 p.m.; and
WHEREAS, a request was received for the police to temporarily close Hall Street to move the bands from the staging areas at the high school campus and middle school campus to Rudness Field; and
WHEREAS, a request was received to temporarily suspend Belding Code of Ordinances Section 34, Article IV – Noise Control, Sections 34-76 and 34-77 for the event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,
Michigan that the police are authorized to temporarily close Hall Street to move the bands, and that the Belding Code of Ordinances for noise control be temporarily suspended for the Belding High School Band Competition on Saturday, October 13, 2018 from 8 a.m. to 11 p.m.
Police Chief Nelson talked about the Belding Band sponsoring an annual invitational on October 13. It starts at 4pm and ends approximately at 8:30pm. It includes times for bands to practice before the event, which will happen on school property. Because it is a musical event, they asked for a moratorium on the noise ordinance. The police will escort the bands as they leave. He feels it is important to allow them to do this.
Council Member Feehan asked if there is enough parking for parents, busses, etc. Chief Nelson said there is enough at the schools, and there is some street parking if needed. It’s similar to sporting games.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Meyers, Miller, Feehan, and Gunderson
Nays: None
E. Use of city property – Breimayer lot – St. Joseph Church
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 APPROVING THE USE OF THE BREIMAYER LOT BY ST. JOSEPH CATHOLIC CHURCH.
WHEREAS, a special event application was submitted for the use of the Breimayer lot for an event to celebrate the 100th Anniversary of Our Lady of Fatima; and
WHEREAS, the event will be held on Saturday, October 13, 2018 from 12 noon until 1 p.m.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that permission is hereby granted for the use of the Breimayer Lot for an event by St. Joseph Catholic Church on October 13, 2018.
Chief Nelson said that St. Joseph Church requested the use of the Breimayer Lot for about one hour on October 13, to celebrate the 100th anniversary Our Lady of Fatima in Portugal. She appeared to several youngsters, and it is a significant event for the Catholic Church and for the people in Portugal. The Church itself is going to celebrate that and raise awareness in the community that that event did take place over a hundred years ago. They are expecting about 25-75 parishioners. They will be saying some prayers and the event should be over within forty minutes. It will be short. There is no need for suspension of the noise ordinance because prayers will be at a quiet level.
Council Member Feehan asked if there is enough parking, and Chief Nelson said there is.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan, and Gunderson
Nays: None
F. Purchase of police vehicle
The Acting Clerk read the preamble to the resolution.
Council Member Feehan moved for 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 APPROVING THE PURCHASE OF A 2018 FORD EXPLORER FROM ED KOEHN FORD, AND THE PURCHASE OF NEW EQUIPMENT, GRAPHICS AND CHANGEOVER SERVICES FOR THE VEHICLE.
WHEREAS, Ed Koehn Ford is the contractor for the State Purchasing Program and has submitted the state purchase price of $32,352.18 for a 2018 Ford Explorer; and
WHEREAS, equipment purchase, graphics and changeover services will be provided at an additional cost of $7,744.50.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that a 2018 Ford Explorer be purchased from the contractor for the State Purchasing Program, Ed Koehn Ford, as well as the purchase of new equipment, graphics and changeover services, for a total expenditure of $40,096.68.
Chief Nelson said the current fleet has become old and is high mileage. They’ve gotten good distance in the past due to good maintenance. Currently there are five vehicles and he listed the current mileage on each. He said the last vehicle they did purchase for the Police Department was a Ford Explorer, and it has become pretty much the front runner for most Police Departments across the Country because of its utility and officer comfort and transport. In the Police budget for the 20018-2029 year, the budget was approved for thirty-six thousand dollars. The purchase and changeover on budget line item, there is an excess of four thousand dollars for that changeover. That accounts for going from a car to an SUV. It is a double partition versus a single partition in sports utility vehicle. The actual projected cost for the Explorer has increased over the last purchase in 2016. The cost for the Ford Explorer is thirty-two thousand dollars, and the additional graphics and purchase of equipment to upgrade to that Explorer is going to be approximately seven thousand dollars. It has been a good vehicle and has served us well. He is looking forward to another high mileage vehicle in this vehicle too.
Council Member Meyers said the excess of four thousand dollars would be covered within the Police Department budget; what were your thoughts of using that? Police Chief Nelson said there is excess funding quite often at end of year because of estimating gas use, maintenance, etc. By adding a new car in that line item will bring our car maintenance cost down. There are two cars in the fleet that would be put out to the highest bidder once the equipment is removed from them. A portion should be taken up by the sale of them. Council Member Myers asked how long the 2005 vehicle has been out of service, and Chief Nelson said about three or four months. Council Member Meyers what the process is; do they always purchase a brand new vehicle. Chief Nelson said it has always been that they purchase new vehicles. Council Member Meyers asked if that is true of most police departments our size and Chief Nelson said yes. He added that for a short time the Sheriff’s Department in Ionia actually did some reconditioning of the Caprice Classic, which was a model that General Motors was going to do away with. Shaheen Cheverolet said they could repurpose those vehicles. They were to go through them and give them another fifty or sixty thousand miles of life. It didn’t work out too bad, but there were things that should have been replaced but wasn’t. There is a lot of wear and tear on the vehicles for the type of use that car was used for. So it has pretty much been new cars along the way.
Council Member Feehan asked about how long before they can get the vehicle, and Chief Nelson said Koehn has the vehicle available for us, and once we get it and order the parts and do the changeover it will be about six weeks. They will use a graphic person here in town.
Council Member Miller asked if a lease was pursued, and Chief Nelson said they discussed it during budget talks and decided it would be better to just purchase the vehicle instead of going into a lease program. What was going to happen is that we’d lease a vehicle and then all of a sudden another car would come onboard and then our lease payment would double, and eventually we’d be up to where we are now; buying a new car. In years past we’ve been able to go one budget beyond before we’d have to ask for a new car.
Mayor Gunderson asked about the issues with the vehicle that is out of commission; if it’s a transmission or engine or what. Chief Nelson said it has some electrical issues. They did some maintenance on it. Electrical can cost a lot.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Gunderson, and Feehan
Nays: Council Members Meyers and Miller
G. Use of city property – River Ridge Cemetery tours
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 APPROVING THE USE OF RIVER RIDGE CEMETERY FOR CEMETERY TOURS.
WHEREAS, a special event application was submitted by Jan Mehney, Museum Advisory Board member, for use of the River Ridge Cemetery for cemetery tours; and
WHEREAS, the event will be held at the River Ridge Cemetery on Saturday, October 20, 2018, with a rain date of Sunday, October 21, 2018, with requested hours of use from 10 a.m. to 5:30 p.m.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that permission is hereby granted for the use of the River Ridge Cemetery for cemetery tours on October 20, 2018, with a rain date of October 21, 2018.
Chief Nelson talked about how the Belding Museum last year looked into doing a cemetery tour. They are done a lot across the country. It’s a historical event, and will start at the mausoleum. The tour can go out to several notable family plots. Visitors will hear some costumed actors talking about things these people have done for the community. This event will take place on October 21st, and they will be in the cemetery from 10am to 5:30pm, with tours starting at 2pm and running until 4pm. They would like to turn this into an annual event. They will do their own clean up around the cemetery and ready to showcase to our visitors.
Council Member Feehan asked about the clean-up of the headstones. Chief Nelson said that will be provided by the Museum group.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan and Gunderson
Nays: None
H. Street closure – Fire Department Halloween Party and Open House
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 SUPPORTING THE FIRE DEPARTMENT’S REQUEST TO TEMPORARILY CLOSE A PORTION OF WEST CONGRESS STREET FOR THE FIRE DEPARTMENT’S ANNUAL HALLOWEEN PARTY AND OPEN HOUSE.
WHEREAS, the Belding Fire Department would like to temporarily close West Congress Street from Bridge Street to Pleasant Street on Wednesday October 31, 2018 from 5:00 P.M. until 9:00 P.M. for the purpose of hosting their annual Halloween Party and Open House.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan supports the temporary closure of West Congress Street.
Fire Chief Moore said this will be the18th Annual Halloween party and open house for the citizens of the town, on Wednesday, October 31st, from 6pm to 8pm. They expect a large crowd, as in the past. In the interest of safety, they determined early on in doing this, closing Congress Street. So many people make an effort to come to the downtown area and then come to the Fire Station for the event where we offer games, food, and prizes. By closing the street it makes it safer for people coming to event, and gives us a place to display our fire apparatus. They are looking again to close that street between 5pm and 9pm, to allow for the safety of people coming down to the event.
Council Member Meyers said they do a great job and it’s a nice place for kids to go.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan, and Gunderson
Nays: None
I. 2018 Assistance to Firefighters Grant – SCBA
The Acting Clerk read the preamble to the resolution.
Council Member Feehan 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 AAPPROVING THE BELDING FIRE DEPARTMENT’S REQUEST TO SUBMIT A DEPARTMENT OF HOMELAND SECURITY'S ASSISTANCE TO FIREFIGHTERS GRANT FOR THE PURCHASE OF NEW SELF-CONTAINED BREATHING APPARATUS FOR THE BELDING FIRE DEPARTMENT.
WHEREAS, the Belding Fire Department is currently in need of new self-contained breathing apparatus to enhance services and provide for safer operations; and
WHEREAS, Department of Homeland Security's Assistance to Firefighters Grant Program is providing funds for the purchase of new equipment by certain fire agencies; and
WHEREAS, the level and the quality of services by the Belding Fire Department would be improved with the purchase of new self-contained breathing apparatus; and
WHEREAS, the cost of the new equipment for the Fire Department is a local match contribution of 5%, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belding,
Michigan approves the Belding Fire Department’s request to submit a Department of Homeland Security's Assistance to Firefighters Grant in the amount of $262,550 for the purchase of new self-contained breathing apparatus for the Belding Fire Department.
Fire Chief Moore said that again this year the Department of Homeland Security has continued the assistance to the Firefighters Grant in an effort to supply much needed equipment to the nation’s fire and emergency medical services. The program was originally designed to help supplement our funding, which was becoming harder and harder to get. But it was never meant to replace all of the organization’s funding. In 2003 we did receive this grant for self-contained breathing apparatus, which has held up well and served us well. Unfortunately now they are over fifteen year old and do not meet current standards. He talked about previous request last year and being turned down early on in the grant process. He talked to Gratiot and Cannon townships this year and they’ve not been granted either. Departments in Kent County have had more success by going together for a regional grant. This means that several fire departments in an area can merge together, write the grant cooperatively, and show cooperation. That is something the Federal Government likes to see. The three departments along the M-44 corridor have similar operations. The grants are looking for better looking proposals, and feel maybe hiring a grant writer. This might give us a better chance. We found a grant writer who would charge us four hundred dollars per department, and each would submit that. Our portion of the SEJ totals around two hundred sixty-two thousand, five hundred fifty dollars to replace ours. It is still a 5% match, and even though we’re regional, each department will handle their portion of the grant and the grant writer totally separately. So our 5% portion would look like thirteen thousand five hundred dollars. We would like to pursue this. The grant opened last week, and the grant writer says he has about a 70% success rate. We would like to see Council support that.
Council Member Meyers asked if they do it together, would that mean all three would get it even if they haven’t gotten their match.
Council Member Feehan asked if it’s in the current budget for that. Fire Chief Moore talked about most of their budget this year is for cylinders, but it could overlap into next year’s budget.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Feehan, and Gunderson
Nays: None
Public Comments
Jeff Hunter, 652 Zahm Rd., asked if he heard the Mayor correctly about him not caring about anyone outside the City Limits. Mayor Gunderson said that when it came to people contacting him, absolutely, because those are the people he represents. Mr. Hunter was upset because he feels the Council represents everybody nearby. He said, “You people make decisions that affect everybody.” The decision the Council made tonight affects more than just the people inside the city limits. He said anybody dealing with cancer, needs other opportunities than the chemicals they dump in their bodies. He doesn’t understand what the Council doesn’t get about that. He accused the council on the decisions they make affects everybody that lives within this community. He’s been advocating with everyone for about six months with the fire department.
City Manager Comments
City Manager Niemela said we are moving along on our overlay projects, with N. State to Ellis Ave. have been part of it. Brush pickup is this week. We have another week with the paving company providing us material, so we should have one more week of paving. Big projects will have to wait until spring. We should be able to get started early because of the paving it will prevent us from having to fix. Looking at budget for 2019 for things they will be doing. It will include looking at some of our water and sewer projects. Some streets are not getting overlays because of needed water and sewer improvements. We should be able to get a rating on roads. He will ask at the next City Council meeting for amendments to the budget.
Council Comments
Council Member Miller had nothing.
Council Member Meyers said he heard many comments about the recent street repairs, and some so far had a real need. He said it looks good and he looks forward to next year. He doesn’t question anyone’s vote; anyone who is willing to sit up here wants to do what is right for the City of Belding. Some of the things that happen in meetings show a lack of respect and he would not disrespect others. It should come to Council. When there is no civility it is unfortunate. He can leave a meeting disagreeing and still be civil.
Council Member Feehan thanked Ernie and his crew for the nice repairs. He hopes we can work something out to replace the Police vehicles.
Mayor Gunderson said he wants to get the meeting set between the City Council and the Planning Commission so that everyone is on board with the sidewalk policy and together. Regarding the streets, he has heard nothing but positive comments about that and it’s good to see the money going towards that. He gave thanks to the DPW. He gave clarification to something said at the podium. What he had said is that he took all the comments from citizens within the city limits, and included those in the information he took on voting; not outside of city limits.
Adjournment
Council Member Feehan moved to adjourn the meeting, supported by Council Member Miller.
Ayes: Council Members Miller, Meyers, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 9:09 p.m.
| | Ronald Gunderson, Mayor |
| Shelley Mosher, Acting City Clerk | |
