REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, September 4, 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, September 4, 2018.
Council Member 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 Brad Miller, Bruce Meyers, Mike Scheid, Douglas Feehan and Ronald Gunderson
Members Absent: None
Approval of Agenda
Council Member Scheid made a motion to approve the agenda as presented, supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
There were no public comments.
Consent Agenda
- Approve Independent Bank Checks 70745 to 70821 in the amount of $318,745
- Approve Minutes: Regular scheduled meeting, August 21, 2018
- Approved Minutes: Closed session, August 21, 2018
- Historic District Commission reappointment – Rita Huffman
- Use of city streets – Homecoming Parade
- Planning Commission appointment – Amy Boyd
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.
D. Historic District Commission reappointment
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN REAPPOINTING RITA HUFFMAN TO THE HISTORIC DISTRICT COMMISSION.
WHEREAS, the term of office of Rita Huffman on the Historic District Commission will expire on September 15, 2018; and
WHEREAS, Ms. Huffman has indicated her willingness to serve another term on the commission.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Rita Huffman be reappointed to the Historic District Commission with a term of office to expire on June 30, 2021.
E. Use of city streets – Homecoming Parade
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE USE OF CENTER STREET FOR THE HOMECOMING PARADE AND SUSPENDING THE NOISE CONTROL ORDINANCE FOR THE EVENT.
WHEREAS, Belding High School has requested the use of Center Street for a Homecoming Parade on September 21, 2018 at 6 p.m.; and
WHEREAS, the parade will assemble at the corner of Pleasant Street and W. Center St. and proceed east on Center St. to Rudness Field, at the intersection of Center and Hall Streets; and
WHEREAS, Belding Code of Ordinances Section 34 Article IV Noise Control, Section 34-76 and 34-77 will be suspended for the event.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,
Michigan that Center Street be closed temporarily for the Homecoming Parade on September 21, 2018 at 6 p.m. and the Noise Control Ordinance be suspended for the event.
F. Planning Commission appointment – Amy Boyd
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
APPOINTING AMY BOYD TO THE PLANNING COMMISSION.
WHEREAS, a vacancy exists on the Planning Commission; and
WHEREAS, Amy Boyd has indicated that she is interested in serving a term on the commission; and
WHEREAS, the members of the Planning Commission have recommended the appointment of Amy Boyd.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Amy Boyd be appointed to the Planning Commission with a term to expire on September 4, 2021; and
Reports by Council Liaisons
Council Member Miller stated he was not at the Planning Commission meeting.
Council Member Meyers stated Rec Board will be held next Monday at 6:30 p.m. at city hall. Housing Commission will meet the following Thursday.
Council Member Scheid had no report.
Council Member Feehan stated building and ground repairs were discussed at the Museum Board meeting. They are planning the cemetery tour for October 21.
Mayor Gunderson stated at the Library Board meeting, they made a recommendation for the appointment of Janice Lamborne at the next council meeting. Bills were paid. The library was closed last week. They are redoing areas of the library, mainly the children’s area. They are reorganizing so it flows better and are adding a lot of material. Painting has been done.
Unfinished Business
There was no unfinished business.
New Business
- Adoption of Ordinance No. 546 – Sewer Use Amendments
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.
AN ORDINANCE TO AMEND AND REVISE CHAPTER 86 OF THE CODIFIED ORDINANCES OF THE CITY OF BELDING BY AMENDING ARTICLE V, DIVISION 2, WHICH REGULATES DISCHARGES TO THE POTW
THE CITY OF BELDING ORDAINS:
Section 1. Amendment of Section 86-234.
Section 86-234 of the City Code is hereby amended to read in its entirety as follows:
Sec. 86-234. Abbreviations.
The following abbreviations shall have the designated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
EPA Environmental Protection Agency
ERP Enforcement response plan
L Liter
LOD Level of detection
MAHL Maximum allowable headworks loading
MAIL Maximum allowable industrial loading
MAC Michigan Administrative Code
mg Milligrams
mg/L Milligrams per liter
MRP Mercury reduction plan
NPDES National Pollutant Discharge Elimination System
PCBs Polychlorinated biphenyls
POTW Publicly owned treatment works
SIC Standard industrial classification
SWDA Solid Waste Disposal Act, 42 USC 6901 et seq. United States Code
TSS Total suspended solids
WWTP Wastewater treatment plant
Section 2. Amendment of Section 86-246.
Section 86-246 of the City of Belding Code of Ordinances ("City Code") is hereby amended to read in its entirety, through (b) Specific Prohibitions, (2) Specific local limits for non conventional and organic improvements:
Sec. 86-246. Discharge prohibitions.
(a) General prohibition. No user shall contribute or cause to be contributed, directly or indirectly, to the POTW, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. This general prohibition and the specific discharge prohibitions which follow in this section shall apply to every user whether or not the user is subject to other pretreatment standards or requirements.
(b) Specific prohibitions. No user shall contribute any of the substances listed below in this section to the POTW. This section sets forth the minimum requirements for users’ discharges to the POTW. Additional or more restrictive requirements may be required of particular users under a wastewater discharge permit, or as otherwise authorized or required by this chapter or other applicable laws and regulations. Specific limitations for individual industrial users are available for public review at the city WWTP during normal business hours.
(1) Specific local limits for conventional pollutants.
a. No user shall discharge or contribute to the POTW, directly or indirectly, pollutants in concentrations that exceed the daily maximum or monthly average concentrations below in this subsection.
b. At the discretion of the superintendent, a surcharge may be applied to discharges above the surcharge threshold and up to the daily maximum. If allowed by the superintendent, discharges exceeding the surcharge threshold, but less than daily maximum limits (and which do not violate any other applicable prohibitions, limitations, or requirements), are not considered violations of this chapter, but are subject to surcharges as provided by this chapter. All exceedances of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements shall constitute a violation of this chapter, subject to applicable fines, penalties, and other enforcement actions. In no event shall the imposition of a surcharge for a discharge which does not meet the user applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this chapter.
Parameter Surcharge Threshold Daily Maximum
Concentration (mg/l) Concentration (mg/l)
Ammonia-N 20 65
BOD5 300 1,000*
Total Suspended Solids 300 600*
Fats, Oils, and Grease N/A 150
Total Phosphorus as P 10 25*
*Special Discharge Allocation: A non-domestic user may, at the time of application for an IPP discharge permit, request that the uniform concentration limits for BOD5, total suspended solids, ammonia nitrogen, and total phosphorus be increased for that permit. Such special discharge allocation is expressed as a total daily pound limitation. Approval of a special discharge allocation shall be subject to the following provisions:
- The user requests a special discharge allocation through the permit application process, and this request must include a written acknowledgement whereby the user consents to comply with all terms and conditions which may be imposed by the POTW.
- The POTW makes a determination that adequate treatment capacity allowing for the special discharge allocation exists within the city maximum allowable industrial loading (MAIL) shown below:
Parameter MAIL
Biochemical Oxygen Demand (BOD5) 1,890 lbs/day
Ammonia Nitrogen (NH3-N) 176 lbs/day
Total Phosphorus (TP) 43.4 lbs/day
Total Suspended Solids 681 lbs/day
- The special discharge allocation is within the MAIL as found above and would not result in the POTW receiving pollutants in excess of its ability to treat. Notwithstanding the forgoing, the special discharge allocation does not confer any right to any particular amount of capacity in future periods. In addition, the POTW reserves the right to institute a review of any previously permitted special discharge allocation at any time, pursuant to which the POTW in its discretion, upon notice and the opportunity for a hearing, may reduce or eliminate a user’s previously permitted or approved special discharge allocation.
(2) Specific local limits for nonconventional and organic pollutants. No industrial
user under the City of Belding Industrial Pretreatment Program shall discharge or contribute to the POTW, directly or indirectly, pollutants in concentrations that exceed the daily maximum concentrations below in this subsection:
Nonconventional Pollutants Daily Maximum Concentration (mg/l)
Arsenic 0.21
Cadmium (Cd) 0.10
Chromium (total) 6.56
Copper (Cu) 0.66
Cyanide (Cn) (total) 0.65
Lead (Pb) 1.67
Mercury (Hg) LOD*
Molybdenum (Mo) 0.46
Nickel (Ni) 0.49
Silver (Ag) 0.007
Selenium (Se) 0.37
Zinc (Zn) 5.0
* The local discharge limitation for mercury is established as the level of detection (LOD) in accordance with the following:
There shall be no detectable amounts of mercury discharged into the POTW. Mercury sampling procedures, preservation, handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1, unless the POTW Superintendent requires EPQ Method 1631 (or other appropriate method). The LOD developed in accordance with the procedure specified in 40 CFR 136 shall not be greater than 0.2 µg/L for Method 245.1 or 0.5 ng/L for Method 1631, unless higher levels are appropriate due to matrix interference.
The evaluation of potential matriz interference(s) shall include, at a minimum, the following:
1. A demonstration that the laboratory conducting the analysis is capable of achieving the LOD of 0.2 ug/L in reagent water;
2. A demonstration that the LOD of 0.2 ug/L cannot be achieved in the effluent; and
3. A demonstration that an attempt has been made to resolve the matrix interference(s).
In cases where true matrix interference(s) can be demonstrated, a discharge-specific LOD will be developed in accordance with the procedure in 40 CFR 136. Discharge-specific LOD’s will be incorporated into the wastewater discharge permit of the nondomestic user.
The remainder of Section 86-246, beginning with (b) Specific prohibitions, (3) Mercury reduction plans, shall remain unchanged in its entirety to the end of Section 86-246.
Section 3. 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 4. Effective Date.
This Ordinance becomes effective ten (10) days after its adoption and upon publication in a newspaper of general circulation.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
Bradley Ratliff, Rockford, Michigan, stated he had an update on the proposed medical marijuana growery. They went to the Beatnik Bazaar and Labor Day Festival. They got a lot of signatures, heard positive things and many knew what they would like to do. They handed out 500 flyers and put them at businesses. They will hold a meet and greet, with questions at the Horse’s Mouth from 6-8 p.m. this Friday. At the American Legion on Saturday they will have hot dogs from 5-7 p.m. They are letting the public know that this is not an open to the public business. This has nothing to do with the recreational vote this November. They had a lot of positive comments. There will be no impact on the public, and it would be positive with the taxes they bring in to the city. He asked if there was anything else city council would like them to do to get it out more? They have had 100 positive comments on social media. They have talked to businesses.
Mayor Gunderson stated people have been contacting him. Since they have been in the public, a lot more have contacted him. He hears the positive and the negative. Every year the State has to look it over to renew the license. At the Bel, a statement was made about dumping soil in a compost pile out back. He has a concern that if the State was to come in and not renew the license, would that be a contaminated property? Would the State make them take care of it?
Mr. Ratliff stated no fertilizer would be used. It would be completely organic, and the compost pile would be old soil that had been used, that they grow in. Then it is brought back in to mix with the new soil. He will check with his partner and get back to him.
Council Member Feehan asked how many of the residents are inside the city that they met with?
The Ratliffs indicated they were in the city zip code, but he will look at the petition forms.
Council Member Miller asked if they had heard any negative, and if there would be any benefit to Survey Monkey?
Mr. Ratliff stated no one had been mean.
Mrs. Ratliff stated she does not know how to get email addresses. They would be willing to give the city 2,800 inserts for their mailings.
Mayor Gunderson stated if the city were to move ahead with this, they could have ordinances to put things in place. But, recreational marijuana could be tied to them. The city would have to rewrite the ordinances in November.
Mrs. Ratliff stated she understands from her attorney that the ordinances would be separate.
Mayor Gunderson stated they would save money if they did it at the same time with the attorney. He stated he understands it is two separate issues.
Mrs. Ratliff stated she would contact the attorney representing Cannon Township and see if he ran into that with the State. The license will only be in her name. They will be employees of her.
Council Member Scheid stated they said it is a non-residential area. They should look at the trailer park and how many people are there. It is a residential area.
Mrs. Ratliff stated she thinks they meant zoning.
Mr. Ratliff stated security will be to the State’s guidelines. There will be no smells. They will have the most secure facility they can.
Council Member Miller asked if anyone had adopted anything?
Mr. Ratliff stated Marshall will have a 6,000 plant grow with up to 400 personnel working in five years. The State has not granted any licenses for Ionia yet. About 12 licenses have been handed out. One is for growing. Their product would go to Ann Arbor.
City Manager Comments
City Manager Niemela stated they are starting to do street paving. In the budget there is $40,000 for work on local streets and $186,000 in major streets. He will propose at the next meeting or two to make an amendment to the budget. When the State approved their budget, they added transportation funds for locals in the amount of $80,000, of which $20,000 would be for local and $60,000 for major. One mill was approved at the Primary Election for roads and that will be on the December tax bill. He doesn’t know when the county will make it available to cities and road commissions. The library millage does not distribute until March. The road millage collected in the city will come back to the city for roads. That extra $87,000 to $90,000 would be for major streets. He will ask the council to consider transferring money from major to local street funds. They can transfer up to 50% of major street funds to local, without State approval. There could be combined, with budgeted and new money, about $160,000 for the local street fund. He is working on a list and has 30 or so blocks of streets in the local system for paving. They may not spend it all this fall, but will start again in the spring. The funding can be carried over if it is not done in the current fiscal year by July 1. They will do similar amounts in the future. These are roads that are not scheduled for other improvements, like water or sewer or other road improvements. Water and sewer can help support the improvements of the roads. They could do a USDA low interest loan for water and sewer lines. There is quite a bit of 4” main to update. The State is changing the rules on lead services. They will target areas that have lead gooseneck services, too. In 2020, the city will have to do 5% a year of lead gooseneck replacement. They may have to replace service lines up to 2-3 feet into the house. They will do overlays on the streets that will be done.
Council Member Feehan asked if the streets would be upgraded to curb and gutter?
City Manager Niemela stated they likely would not address curb and gutter. When the city addresses road construction, they need to go to a curb and gutter system. They may want to look at asphalt curbing in the road surface. Corrections may be needed to the construction designs. Sometimes culverts and catch basins can be done. There would be case by case consideration. Rolled curbing may make sense in certain areas. There are 37 miles of roads, with 74 miles of potential curb and gutter. With the asset management plan, costs are compared to life expectancy. With mill and fill there is extended life. By putting an extra chip seal layer on the road, that will extend the life dramatically. Driveways and turns are hard on chip and seal. The road commission goes miles down the roads and there are not turns or driveways to affect those areas. They will finalize the list of streets.
Mayor Gunderson stated when they come up with suggestions, if the blocks need upgrades, they may have to forego the amount of length done to do the upgrades.
Council Comments
Council Member Scheid thanked everyone for coming. Despite the rain, it was a really good weekend. The fireworks and parade got through. Everything went off very good. They got it cleaned up real fast.
Council Member Feehan thanked police, fire and dpw for all their hard work.
Council Member Miller stated Labor Day was magical. He thanked Bradley and Lisa for being patient in trying to understand everything. They should consider how to utilize compost for the garden club, how to entwine things.
Council Member Meyers wished to echo the same on Labor Day. There was a lot of planning and time spent. He would commend those who put it all together. The rain was disappointing, but it was a good time. They put in time and it was appreciated. He would agree with a lot of what Brad said, going about it the right way in being patient, as there will always be an unknown. It may be a while before they come up with all the rules. Being part of the community is the best way to do it. He would commend John on the roads to get something moving. He truly hopes that things that need capital planning will have capital planning put toward that. They should look at it for the future in how they disburse money.
Mayor Gunderson stated in a sense, they have the CIP. Hall, Washington and Crawford took five years for the city to come up with the match money after it had been approved. The city came up with the funds, but had to remove some amenities. It was a great weekend even with the weather. There was a pretty good turnout for the weekend. There were great fireworks, car show, everything was good. Police and fire should be thanked. There will be five Planning Commission members with Amy Boyd. He asked if the city manager or Dale gets together with the Labor Day Committee to see what was good and what could be changed?
City Manager Niemela stated they will restore pre and post discussions for events.
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Miller.
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 7:56 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
