REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, April 2, 2019
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, April 2, 2019.
Mayor Miller delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The City Clerk took the roll call:
Members Present: Council Members Mike Scheid, Jorel Davis, Bruce Meyers, Douglas Feehan and Brad Miller
Members Absent: None
Approval of Agenda
Council Member Scheid made a motion to approve the agenda as presented, supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Feehan and Miller
Nays: None
Public Comments
There were no public comments.
Good Neighbor Award – Belding Gardeneers
Mayor Miller awarded the Good Neighbor Award to the Belding Gardeneers.
Consent Agenda
- Approve Independent Bank Checks 71880 to 71952 in the amount of $124,112.67
Approve Independent Bank – Fire Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
- Approve Minutes: Regular scheduled meeting, March 19, 2019
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Feehan and Miller
Nays: None
Reports by Council Liaisons
Council Member Scheid had no report.
Council Member Davis stated there was no scheduled ZBA meeting currently.
Council Member Meyers stated the Belding Housing Commission met on March 21. The RAD property surveys and finance plans are being done. They will be having a recommended meeting with the Greenville Housing Commission regarding resource sharing. There were several staff reports.
Council Member Feehan stated he missed the Museum Board meeting.
Mayor Miller stated the Library Board is working on the strategic plan and policy manual. Additional cameras will be added to the security system, where needed. There were boiler issues and the bid came back at $3,190 to work on the exchanger. They are working on a logo.
Unfinished Business
There was no unfinished business.
New Business
A. Ordinance No. 452-A20 – Rezone of 1331 W. State – adoption
Council Member Scheid moved the adoption of the ordinance and the motion was supported by Council Member Feehan.
AN ORDINANCE TO REZONE PROPERTY FROM B-1 BUSINESS
TO I-1 INDUSTRIAL AND TO PERMIT A MEDICAL MARIHUANA GROWER OPERATION.
THE CITY OF BELDING ORDAINS:
Section 1.
The following described property is rezoned from its current B-2 designation to the I-1 Industrial designation:
The North 367 feet of the following described parcel:
Land situated in the City of Belding, County of Ionia, State of Michigan, commencing at the Northwest corner of Section 15, Town 8 North, Range 8 West, thence East 1,294 feet to the Point of Beginning; thence South 367 feet; thence West 238 feet; thence South 1,275 feet; thence East 519 feet; thence North 1,275 feet; thence West 130 feet; thence North 367 feet; thence West 164 feet to the Point of Beginning.
Address: 1331 W. State, Belding, MI 48809
Property ID: 34-401-250-000-365-00
Section 2.
The property described above may be used for a marihuana grower operation for not more than 500 plants provided there is compliance with the following conditions:
a. For purposes of this ordinance, the following terms are defined as follows:
i. "Act 281" or the "Act" means the Michigan Medical Marihuana Facilities Licensing Act, Act 281 of the Public Acts of Michigan of 2016, as amended.
ii. "Grower" means a licensee that is a commercial entity that cultivates, dries, trims or cures and packages marihuana for sale to a processer or provisioning center as those terms are defined by the Act.
iii. "Licensee" means a person holding a State Operating License.
iv. "Marihuana" means that term as defined in Section 7106 of the Michigan Public Health Code.
v. "Medical Marihuana Facility" means a Licensee's location and operations under the Licensee's State Operating License.
vi. "Person" means an individual, corporation, limited liability company, partnership, limited liability partnership, or other legal entity.
vii. "Rules" means the rules promulgated under the Michigan Administrative Procedures Act, to implement Act 281, including any Emergency Rules.
viii. "State Operating License" means a license issued under Act 281 that allows the Licensee to operate as a grower.
b. Only one grower medical marihuana facility may be established and operated by a Licensee in the City, subject to compliance with Act 281, the Rules, and this ordinance.
c. The grower medical marihuana facility shall be established and operated only by a person who has been issued a State Operating License for the use. The facility shall be operated only so long as the State Operating License remains in effect and only in accordance with the terms of that license.
d. The grower shall maintain compliance with all applicable building codes, zoning requirements, and all requirements of the Act or Rules for the construction, design, and operation of the medical marihuana facility.
e. The grow operation shall be conducted entirely within an enclosed building.
f. The grower shall sell or transfer marihuana only to a processer or provisioning center, except that it may sell marihuana plants or seeds to another grower.
g. The grower shall transfer marihuana to a processer or provisioning center only by means of a secure transporter.
h. The grower shall enter all marihuana transactions, its current marihuana inventory and other required information into the state wide monitoring system as required by the Act.
i. The grower has offered to limit its use of the rezoned parcel for a medical marihuana grow operation to the earlier of (1) termination of the use of the building on the rezoned property for a marihuana grow operation; or (2) three years from the effective date of this ordinance. The City accepts that offer and imposes it as a condition of this rezoning.
j. After the occurrence of either of the events described directly above, the grower has offered to request a rezoning of the property rezoned by this ordinance back to the B-1 zone district. The City accepts that offer and imposes it as a condition of this rezoning.
k. Prior to commencement of the grow operation, grower shall enter into a development agreement with the City with such terms as have been offered by grower and approved by the City Council.
Section 3. Effective Date.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Davis, Meyers and Miller
Nays: Council Members Scheid and Feehan
B. Ordinance No. 550 – To allow a single marihuana grower operation – adoption
Council Member Scheid moved the adoption of the ordinance and the motion was supported by Council Member Feehan.
AN ORDINANCE TO ADD CHAPTER 58, ARTICLE IX, SECTION 58-179(c) TO THE CITY OF BELDING CODE OF ORDINANCES TO ALLOW A SINGLE MEDICAL MARIHUANA GROWER OPERATION IN THE CITY OF BELDING
THE CITY OF BELDING ORDAINS:
Section 1. Addition of Section 58-179(c).
The Code of Ordinances is hereby amended by adding a new Chapter 58, Article IX, Section 58-179 (c). Such section shall read as follows:
c. Sections 58-179(a) and (b) above notwithstanding, a single medical marihuana grower operation licensed under PA 281 of 2016, as amended, for not more than 500 plants shall be permitted, upon payment of an annual fee of $5,000, at the location described as follows:
Land situated in the City of Belding, County of Ionia, State of Michigan, commencing at the Northwest corner of Section 15, Town 8 North, Range 8 West, thence East 1,294 feet to the Point of Beginning; thence South 367 feet; thence West 238 feet; thence South 1,275 feet; thence East 519 feet; thence North 1,275 feet; thence West 130 feet; thence North 367 feet; thence West 164 feet to the Point of Beginning.
Section 2. Effective Date.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Davis, Meyers and Miller
Nays: Council Members Scheid and Feehan
Public Comments
Jeff Hunter, 6302 Zahm Road, stated that Council Member Feehan asked for a list of violations on the mall property, and it has reached the 30 day mark. He asked if he received his list of violations?
Council Member Feehan stated they are still working on it.
Mr. Hunter stated most of the mall went back to the county, and Mr. Cobb lost most of his units. He asked if they would get serious about doing something with that building? All the pipes will break next winter. It is a giant, ugly building with the roof falling apart. He thinks there is mold.
Gary Knowlton, 840 Morton, stated in the mid 90’s they gathered at a city council meeting. A developer from Grand Rapids wanted Lighting Bend. Council was ready to give it up for $1 for a veneer plant. The Gardeneers didn’t let that happen. The property was deeded to the city for recreational property. They didn’t have the proper notice in the newspaper. They teamed together, he and the Gardeneers. The mayor adjourned the meeting and met with the developer. They never saw him again. The city has a beautiful park at Lightning Bend which is enjoyed by thousands. He thanked the Gardeneers for their due diligence and research. He is concerned about the rezoning at 951 Merrick Street. He brought his concerns to the city manager. The property has been rezoned from R-1 to I-1. He is protesting, not the rezoning, but the process used to rezone. He respects civic leaders and appreciates their work. Multiple errors occurred with the application to rezone the property, with the city manager, Planning Commission and City Council. There were inconsistencies with the Zoning Ordinance, Master Plan, Michigan Planning Zoning Act and the Zoning Enabling Act. He would appreciate being on the agenda on April 16 to present his concerns. An outline of comments will be provided before the meeting. He would like a good dialogue.
Sharon Carlson, Executive Director of the Housing Commission, stated the Belding Gardeneers, for the past several years, have provided a service to the Housing Commission. Each of the apartments was designed to have a place to plant a small garden if they wish. Various populations have a variety of interests. They decided, because of the cost of keeping up the landscaping, that they would offer contests to the residents, and they have a variety of plantings. The garden club does a judging. The Housing Commission provides a gift certificate for 1st, 2nd and 3rd place winners. They have a celebration to give the awards to the winners. It is absolutely beautiful. The participation of the Garden Club is appreciated.
City Manager Comments
City Manager Niemela stated he attended the MML Legislative Conference in Lansing. It was well attended with really good programming this year. In the general session, they talked about the challenges of civil discourse that are happening from Washington DC to the local level, and the challenges faced to be civil. They have good ideas that can easily be worked into any level of government. It could be incorporated into daily operations. There are new requirements about sick leave time, which is a general labor negotiation issue. There was a session on the issues in the legislature, including the budget and the governor’s proposal to help with transportation funding by a $.45 gas tax. The bulk of the dollars would be spent on state roads and high profile roads. The city would see significantly less. He will watch the whole process. They are willing to look at ways to provide additional transportation funding. The city gets $750,000 for all road activities. If there was an increase, the city would see a lot more progress. The big key is to make sure locals get their fair share of fuel taxes.
A copy of the proposed budget was in the council packet. Becky tied it all together and it is a balanced budget. At the next meeting, they need to adopt the tentative budget. The public hearing will be held at the first meeting in May. The budget adoption will take place at the second meeting in May. In the past, council had a work session and met from 5-7 p.m. prior to the second meeting in April. They can have as many work sessions as they are comfortable with. A separate date can be chosen for any additional sessions. All department heads will be there to address additional questions.
Council consensus was to hold the budget work session from 5-7 p.m. on April 16, prior to the council meeting.
Council Member Feehan inquired about the mall.
City Manager Niemela stated there may be a redemption period, so he will check with the county. They are having trouble getting into the individual units. The county may get keys after the redemption period. The city can do the common areas right now.
Council Member Meyers stated last time they talked about brush pick up.
City Manager Niemela stated DPW spent the whole of last week doing that. They have been in the NE corner this week and were working on it today. It took a week to do what they would normally do in a day.
Council Member Meyers inquired about the volunteer groups?
City Manager Niemela stated DPW is managing.
Mayor Miller asked if there was a spot residents could put the brush to make it easier – a staging area?
City Manager Niemela stated they may have to look at it down the road. They had a conversation of opening on a Saturday to take the brush, as the site would have to be attended by staff.
Council Comments
Council Member Feehan thanked Ernie, as they have been working hard.
Council Member Scheid stated there was a marijuana grow facility robbed today. They got arrested. The city will have the same problems, as people will try to break in out there. They will have to be very diligent. He thanked everyone for coming.
City Manager Niemela stated that was a private residence, not a secure location.
Council Member Davis stated there was a person that paid for everyone’s meal at Abby’s for breakfast. That was pretty awesome. He wanted to thank whoever did that. He thanked everyone for coming and thanked the Gardeneers.
Council Member Meyers stated John was talking about civil discourse and classes. They will never have total agreement on what they do, but they can respect and be civil with each other. Support it moving forward. He wished to congratulate the Gardeneers on receiving the Good Neighbor Award. There are so many people that give back so much. Some are on more than one thing. It is great to honor them and thank them for what they do. In his opinion, he would love to hear what Mr. Knowlton has to say. He wants to learn the processes, and make sure they understand what they are doing and how the process can be made better. They should be willing to look at it. He looks forward to that.
Mayor Miller asked, if the mall portion of the taxes are not paid, he would like an executive summary on that from the city manager. He loves to hear the background on the awards they give, as sometimes they do not give the recognition they should. He greatly appreciates all they do. It shows. With the quality of life, it makes a great place to live and bring in new people. .
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Feehan.
Ayes: Council Members Scheid, Davis, Meyers, Feehan and Miller
Nays: None
The Mayor adjourned the meeting at 7:55 p.m.
| | Brad Miller, Mayor |
| Kareen J. Thomas, City Clerk | |
