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.

Guests

1. Museum Board Annual Report – Bruce Feuerstein

Bruce Feuerstein gave the Museum Board annual report.

Gary Knowlton

Gary Knowlton, 840 Morton Avenue, presented a folder of information regarding the rezoning of the property at 951 Merrick Street.  He stated the topic was the irregularities on decision making by the city.  He read the following prepared statement which he submitted for the record:

I am addressing the Belding City Council because of concerns that I have in the process that was used to enact Ordinance No. 452-A21.  This is an ordinance to amend the City Zoning Map (Section 3.2) of the City of Belding.  The property has been rezoned by this council from R-1 to I-1.  I am protesting not so much the fact that the property was rezoned, but the process that was used to enact this zoning amendment.  While I respect our civic leaders, and I appreciate the hard work they do to build a better Belding, I find that there appears to be multiple errors that have occurred with this zoning application as it has processed through reviews by the City.  These inconsistencies with our City of Belding Zoning Ordinance, The Master Land Use Plan, and The Michigan Zoning Enabling Act, should give us all reason to question why due process was not followed.  I appreciate this time on the agenda of this meeting to explain my concerns to the City and its residents.

Let me begin by giving some background information.  The public hearing on the original application by Dan W. Blunt of Belding Tank to rezone 951 Merrick is dated March 3, 2018.  It should be noted that proper public notice was provided to the public for this meeting which included timely notice to property owners within 300 ft. of the property as required by ordinance. 

#1.       I would like to make note that this April 24, 2018 hearing would be the only public hearing that would be scheduled through the process of approval by the planning commission and the city council.  It would be the only time in the next year that surrounding property owners would be notified by the city of the desire to rezone this 30 acre parcel.  It should be noted that when I recently visited affected home owners within 300 feet of the property, many still were not aware that the 951 Merrick Street property had been rezoned. 

#2.       The public hearing was completed and a motion to deny the rezone was made.  This denial was approved.  The vote simply meant the Planning Commission would not recommend to the City Council the Rezoning of 951 Merrick from R-1 to I-1.  The minutes of the meeting indicate that planning commissioner Sparks gave his reason for not wanting to support this rezone as, “he did not have enough information.”  Commissioner Miller mentioned that it was, “unclear if this request met the standards of approval listed in Section 19.5 of the Zoning Ordinance.”

#3.       I expressed my concerns at this public hearing and provided three documents to the Planning Commission for consideration.  There is no record in the minutes that these documents tracked to subsequent Planning Commission and City Council meetings where this rezone was discussed and finally decided.  These documents were submitted for evidence at the public hearing and should have tracked along to subsequent meetings where this rezone was considered. The documents I provided outlined the long standing problems that The City, The Planning Commission, and especially the residents of the north east area of our City have had to deal with as a result of an industrial park that is poorly planned and regulated.  Although the City was the developer of the park they have not stepped forward and taken a leadership position in the development and regulation of the activities within their park.  The Industrial Park property owners have been allowed to proceed without conforming to the site development requirements required in Chapter 16 of the Zoning Ordinance.  As a result our industrial park at locations resembles a landfill.

#4.       The following photographs show some examples of nuisance factors endured by residential property owners surrounding the City of Belding Industrial Park.  In 1993 Wade-Trim/Associates, the planning firm that was hired by Belding to help with development of the industrial park, made several recommendations that include the following:  “The City should adopt a series of restrictions that apply to the Industrial Park area.  The intent here is to create an atmosphere within the park of orderliness, cleanliness, and of well maintained properties of increasing value and of not negatively impacting adjacent uses.  These restrictive covenants, to be adopted by the City Council and recorded with the County Register of Deeds, would be enforced in addition to the applicable zoning code restrictions…..”  City of Belding Industrial Park, Final Report, Oct. 1993 by Wade-Trim/Associates.  These restrictions which are included and required by our zoning ordinance have never been implemented and enforced in our industrial park.  Even though The City of Belding Master Plan clearly expresses the desire to implement changes and protect residential properties from the effects of heavy industrial use, it would appear that little or no progress has been made in this regard.

#5.          Non-compliance with current zoning laws can be sufficient reason to impose civil fines and provide sufficient reason as to not allow enlargement of the non-conformity.  In other words, if they are doing something wrong, don’t encourage its continuance, but implore them to stop by applying consequences if need be.  This is one of the basic tenants of raising responsible children and it can also be a sound zoning practice.  It is supported by The Michigan Society of Planning Officials and has been a line item at every one of the many training sessions that I have attended during my tenure as a planning commissioner.  This principle is written into our zoning ordinance and should be judiciously used by all decision making bodies.

#6.       On Tuesday, February 26, 2019, almost a full year from the original public hearing, the City of Belding Planning Commission met again to review the application to rezone the 951 Merrick Street property.  This meeting was not required by law, as the previous recommendation to deny the rezone made on April 24, 2018, could have been considered by the City Council for final action.  For several months following the public hearing at the Planning Commission, I carefully kept track of City Council agendas looking for this rezoning recommendation to be placed on an agenda of the Council.  After many months, I finally drew the opinion that the rezone request had been withdrawn.  At the February 26, 2019 meeting, I, nor any other surrounding property owners were present, as no public notice to them was given.

#7.       Planning Chairperson Sparks, who at the previous public hearing expressed a desire to have additional information, was not offered as much, as the same application was submitted and no additional documentation was provided by the applicant, Belding Tank.  According to the records, Mr. Blunt nor any other representative of Belding Tank, attended the meeting.  The minutes indicate that the only person speaking before the commission on behalf of the applicant was that of our City Manager, John Niemela.  Questions were asked by the commissioners as to the future us of the property, and they were addressed by the manager.  For those of you that are not familiar with planning commission proceedings, it is highly unusual that an applicant not be present or represented at a proceeding of this importance, especially when he was aware that additional information was asked for.  It is even more unusual that the city zoning official would fill in by supplying application information.

#8.       There is considerable confusion by key participants in this process of rezoning this property.  As evidenced from the rezone application, Mr. Blunt is not aware of the current zoning of the property being considered.  His application reads that the property in question was zoned R-2.  At the public hearing, our zoning official, manager Niemela, was asked by Commissioner Miller “what that land is zoned now.” He responded, “Public Recreational”.  The current zoning map posted at our City of Belding online website indicates that neither of these responses are correct, as it is marked as being zoned R-1.  This is an important point as site development regulations change depending on the zoning of the properties.

#9        In order for the re-zone to be approved by the Planning Commission it shall use the guidelines presented in Section 19.5 of the City of Belding Zoning Ordinance.  At the February 26, 2019 Planning Commission meeting, where the recommendation to approve the re-zone of 951 Merrick Street was made, there is not one comment or reference made to these guidelines by the planning commissioners or the zoning official.

Review of the Standards

Standard #1.  “Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the City of Belding Master Plan…..”

            The future land use map shows that the 30 acre 951 Merrick street property is marked “Preserved”.  This is the same designation that is used to mark many areas of property along the Flat River including the Lightning Bend Park property.  It shows industrial properties remaining along the industrial corridor which bisects the city in a general direction from southwest to the northeast along the old railroad grade.  There is no indication either in the future land use map or the future vision statements/recommendations that the industrial areas will be expanded into current low density residential property.

Standard #2.  “Whether the proposed district and the uses allowed are compatible with the site’s physical, geological, hydrological and other environmental features.  The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values and traffic impacts.”

            While this 30 acre parcel may seem to be quite suitable for industrial use upon further review we will see that this is not the case whatsoever.  Industrial development is considered the most intense of the land use districts.  This property was zoned Residential-1, a low-density, 21,000 square foot lot, single family residential living environment.  It was created to foster stable, high quality residential neighborhoods.  We must consider that a rezone of this large area of property from a low-density residential zoning to a high density industrial zoning will have a dramatic effect on the remaining residential neighborhoods in the northeast area of town.  This is especially the case, as buffering between incompatibly zoned districts has not been enforced by the city in the long history of our industrial park.  And yes these buffering requirements are clearly required in the site-development standards of chapter 16 of our zoning ordinance.  Commissioners, have you considered that you have created an industrial park expansion that is surrounded on the east, south, and west by low density single family residential zoned properties?  Do you honestly believe that your rezone decision will not have any effect on property values?

Standard #3.  “Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure, including roads, sanitary sewers, storm sewer, water, sidewalks, and road lighting.”

            This standard is to be used to help remind us that with development, supporting infrastructure is required.  Roads are going to be needed to get trucks to the 951 Merrick Street property.  Although we still do not have any indication from Belding Tank as to how they are going to use this property, I will assume that it is going to require commercial vehicles to move product.  This is going to provide an interesting situation as every street needed to get access to the 951 Merrick Street address in marked NO Trucks.  This was done to keep truck traffic out of residential districts and preserve streets that were not prepared for heavy truck use.  I find it interesting that at no point, according to the minutes of the public meetings, was our very capable director of Public Services ever asked to provide input.  It also appears that no planning, zoning, or engineering services were utilized to help determine if the rezoning of this 30 acre parcel might present any infrastructure problems.

I hope I have presented my thoughts in such a manner that you can at least understand why I, as a property owner that lives in the area, have fears.  Mayor Miller, for your benefit and the rest of the council, I have included a copy of this presentation and the documents that I submitted at the original public hearing.  In closing I would like to make an introduction to you.  I would like to introduce to you my new neighbors Mr. Jason Crandell, and his wife Arrianne.  This past June they purchased a home on the 800 block of Harrison Street.  Their property is directly affected as it lies within 300 feet of the rezone.  Standing in front of their newly remodeled home, I told them to look east across Gooding Street and behold the newly rezoned industrial property.  Jason asked me a very appropriate question, “Why wasn’t I notified?”  Manager Niemela, and Belding City Council Members I would like to ask you.  Why wasn’t Jason and his wife notified and given a change to share his comments on this decision?

Right now, the residential property owners surrounding our industrial park are on the hot seat.  It looks like we may be forced to absorb all the nuisance factors and diminished property values that are a result of the questionable zoning practices and incompatibly zoned properties within close proximity.  But, I would just like to remind you all, tomorrow, next week, next month it could be you!

With all the irregularities in this decision and the questionable methods that were used by multiple parties, I am asking that the Rezone of 951 Merrick Street be reenacted.  In other words, do it over again.  And this time use a procedure that is guided by a certified public planner, follow due process, utilize standards based decisions, provide proper public notice, and avoid the appearance of collusion between the city and the applicant.  The final decision to rezone may not change from the way it stands right now, but at least we can all be satisfied that a fair process was used and that everybody that was affected had an opportunity to provide input.  I thank you for listening and considering my request.  I also thank you for doing what is right. 

Consent Agenda

Reports by Council Liaisons

Council Member Scheid had no report.

Council Member Davis stated there has not been a ZBA meeting.

Council Member Meyers stated the Housing Commission will meet on Thursday.  At the Rec Board they went over the Park Use Agreements.  He has asked John to give an update on the projects.  Mike McCarty was there and described the work he does every day, the way he gives back.  He is someone within the community that works hard behind the scenes for people to enjoy that.  Another gentlemen assisted him.  There was a lot of storm cleanup.

Council Member Feehan had no report.

Mayor Miller stated there was not a meeting of the Planning Commission or Library Board. 

Unfinished Business

There was no unfinished business.

New Business

B.     Tentative Approval – FY 2019/20 Budget

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

C.    Use of city property – Lightning Bend run/walk event

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

D.    Use of city streets – B Foundation run/walk event

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

E.     Traffic Control Order – N. State Road and Wildlife Trail

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

F.     Emergency Service Agreement with Keene Township

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

Public Comments

Dave Schmieding, 834 Morton, stated in looking at the pictures of the tank place, he would look at it out his door. When he bought it ten years ago from the city, Mr. Blunt said he wanted a buffer.  Now he wants commercial. 

Jeff Hunter, 6302 Zahm Road, stated he talked to Mr. Feehan after the meeting, about the report on the mall.  It is on public record that he wanted 30 days.  He does not live in the city limits, but probably cares as much about the town as anyone that lives in it.  It aggravates him that they tear business down.  Council said there would be problems out there (1331 W. State).  He stated it would be guarded with lights.  Mr. Knowlton was talking about the property switching over to industrial.  He knows there are no trucks going down Morton St.   If they are worried about restraining a business from growing, why is there no fuss about the mall?  They say wildlife is disappearing, but the disc golf course has done far more damage than anybody.  He used to drive up and down the trails.  That business will not hurt wildlife.  They shouldn’t let anyone outside of town on their boards. 

Dan Blunt Jr., 7011 Orleans Rd., Orleans, Michigan stated collusion is a strong word.  He does not want to be underhanded.  He understands his concerns.  He wants to be a good neighbor.  They built 27 years ago.  They have put a lot on for the city and schools.  They don’t run their trucks on Merrick Street.  The dumpsters will be moved.  The trailers are steel and the tanks are used every single day.  He cannot hide them and he didn’t promise to hide them.  All he asked was if it could be industrial or not.  He wants to be a good neighbor, citizen and business owner in the city. 

Gary Knowlton, 840 Morton, stated he agrees that collusion is a strong word.  He said there was the appearance of collusion when proper processes are not followed - it gives the appearance of collusion.

Howard Uiterdyk, Otisco Township, asked what the city feelings were on helping the fire department with the purchase of a UTV?  It has been discussed with the township a little bit. Their general consensus was they would like the city to help out at 50% of the cost.  He asked if it had been discussed?

Mayor Miller stated John could cover that in his comments.    

Mr. Uiterdyk stated he had kind of expected higher speed limits on S. Bridge Street, as an extended traffic study was done out there.  He stated only the city knows what that revealed.  He would like higher speed limits. 

Mayor Miller stated they would take a look at it and will get something prepared.  If it is the first time council will hear about a concern, they can get with John or Dale.  It is good that they work as a community to come up with a resolution and processes, and come to the same consensus.

City Manager Comments

Council Member Scheid made a motion to allow the city manager to take vacation leave from May 13 – 21, 2019, 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

City Manager Niemela stated he gave council a copy of two reports regarding the conditions of the mall property.  Reviews were completed by code enforcement for the code violations in the common area and outside the mall. Minor things were presented to the mall owner.  He will take care of them, including cracked windows, clean up inside and dumpsters.  They will follow up.   There may be more.  There is a report by the fire chief, as he completed a walk through the common area and some other areas for fire suppression. A couple of years ago the lines froze in the hardware store.  It has been capped off.  It does not have to be active at this point.  It does not affect the fire suppression for the rest of the building.  He looked at accessibility by the fire code. Some of the doors are locked, but they meet code.  Two doors are open.  The doors on the north end are locked but they have panic bars to get out.  There is a manual fire alarm system, but the code does not require that. 

City Manager Niemela stated Becky went through much work, as well as the other staff on their budgets.  Becky worked on a balanced budget and he appreciates her effort. 

DPW Director Thomas stated 1,650 cubic feet of brush has been picked up.  Regular brush pickup will start next Monday.  The town should look a lot better.  The brush pick-up in May will be very large also as the weather improves and people get out.    

City Manager Niemela stated the kayak launch was a joint application with Greenville, so they have taken the lead on the project.  Permits are in process.  He thinks they are getting through the review process for design.  There will be a barrier free kayak launch at East Riverside Park, with two more barrier free parking spots. The launch will not extend much more into the river than the current boat launch.  A grant in the amount of $64,000 was received from the GACF for replacement of the basketball courts in Central Riverside Park.  The bid came back at $85,000.  He is trying to find the additional funds.  The courts that are there will be removed and be replaced with 4” of reinforced concrete this summer.  The trail through the Gathering Place to connect to the trail will have an observation deck at the edge of the river.  It is a $192,000 project with a $75,000 match.  The benches on the look-out will be done this summer.         

City Manager Niemela stated Jeff has talked with the township board regarding an emergency UTV for the trails for medical assistance and fire suppression.  The city does not have the resources for an equipped rig in the amount of $28,000 to $30,000.  He hasn’t heard from the township board on how much they would contribute.  He will work through that detail and bring it to council.

Council Comments

Council Member Scheid thanked everyone for speaking.  They will have discussion on this to see.  They will try to figure out something to make it fair for everybody.

Council Member Davis thanked Bruce Feuerstein and Gary Knowlton.  He appreciates the information.  A comment was made last time regarding an increased probability that they would have crime in the City of Belding (1331 W. State).  He does not foresee that issue being in Belding.  He doesn’t think the events were the same.  He thanked everyone for coming.

Council Member Meyers thanked John and the staff for the budget process.  They make themselves available.  He looks forward to hearing about the speed survey for Bridge St.  He slows down and it is a long way.  There are a lot of good things happening with the trails, roads and basketball courts.  A lot more good than bad.  They can appreciate what they have.  He thanked Mr. Knowlton for coming.  He wanted to hear more of a process for the Planning Commission.  There are some issues here.  He did not want it to lead to a tearing down of a group.  He didn’t want to be short with him.  He thought it was two separate issues.  They are all trying to go in the right direction.  Belding Tank has shown they are good for the community.  He is willing to go down this path and see what happens.  Thank you.

Council Member Feehan stated there was talk about a plaque for Mr. Craycraft.  He would like to dedicate the park as the Denny Craycraft Memorial.  It would be nice for them to do that for Denny for all his hard work. 

Mayor Miller stated that is appropriate.  Denny was important and did a lot of great work. We want to do something and will figure it out.  We are all moving in the same direction and want to keep that going.  All input is of equal value.  That is how we embrace change.  We must challenge the way we do things so we can do better.  There are a lot of great things happening in the community.  Sometimes we dwell on the bad things and don’t celebrate the successes.  It is incredible to think of all the things to be done.  There is a lot going on.  We must communicate, but we don’t always listen at times.  The community guides us in which projects we invest in.  Thank you for coming out.  He appreciates their attendance and participation. 

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 8:40 p.m.