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 was no public comments.

Consent Agenda

Reports by Council Liaisons

Council Member Scheid had no report.

Council Member Davis stated the ZBA has not met.

Council Member Meyers stated the Rec Board will meet on August 12.  The Housing Commission met and paid bills, considered a board vacancy applicant, and office entry and basement repair bids were taken.  They are waiting for the RAD property surveys.  They are working on training for administration for RAD.  They are working on year end statements and the operating budget. 

Council Member Feehan stated the Museum Board is getting reading for Labor Day.  They are setting up door prizes for the Labor Day weekend.  They are working on the peaceful people and 45 records will be decorated as suns.   

Mayor Miller stated the Planning Commission did not meet this last month.  The Library Board meeting was the same evening as the meeting with KMI.

Unfinished Business

There was no unfinished business.

New Business

A.        Designation of Voting Delegate to MML Annual Business Meeting

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

B.        Approval of route and plan to use Bridge Street for detour route

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

Public Comments

Bonita Steele, 528 Ionia, stated she was speaking on behalf of the community and the need for serious change.  She gave a timeline of events.  Sgt. Hoskins asked to communicate with the citizens about signing up for Smart 911.  Notification was not done until the order of imminent danger was discussed by the county.  She described the communication Jorel Davis had with the manager.  She stated the facts should have been posted online. She asked why is human safety not a top priority?  She would like to see the fire marshal review the policies and procedures and also meet with the state to see what services are available.  She wants communication.  There should not be the need to FOIA.   

Gary Knowlton, 840 Morton Ave., stated on March 5, 2019 the first reading of Ordinance No. 452-A21 took place regarding the rezone of 951 Merrick.  The ordinance was adopted on March 19.  At neither meeting did council make comments about the concerns that residents had expressed.  They did not discuss Zoning Ordinance Administration Procedures in Chapter 19 of the City of Belding Zoning Ordinance.  He previously gave specific irregularities and asked them to restudy their decision and follow the standards and procedures in the zoning ordinance.  With the addition of a certified planning consultant, a report was to be prepared and presented to the city in July.  The report has been delayed, and he is asking when the report would be added to the agenda?  He would ask that they review how the issue has been handled in the past, and read Chapter 19 to discern what their responsibilities are for amending the zoning ordinance. The City’s handling of the issue has been less than satisfactory.  City leaders can make standards based decisions and do everything to avoid the appearance of personal preference and collusion.  They have taken a huge step forward in getting a certified planner.  Education is so important for the health and safety of the city.  He pulled out the zoning ordinance related to the KMI situation. Chapters 15 and 17 state that the manufacturing of corrosive acid or alkali products are not permitted in I-1 zoned areas.  It is permitted as a special use but it cannot be located within one thousand feet of any residential use or district.  The property KMI operates is zoned I-1.  Great attempts were made in the preparation of the zoning ordinance to provide for orderly development of the city and for the safety and protection of the residents.  They need to read it, learn it, and apply it in the decisions that they make. 

Kristina Curtin, 125 Pine Meadow Drive, stated she was frustrated about the communication about KMI.  She heard about it on Wood TV, then got a letter.  She was not notified of the open house. That concerns her.  It was posted on the Ionia County Facebook page.  Ionia calls on a tornado watch, but there was nothing on the city website.  She has been studying the Belding Code and 38-12 would propose that KMI be declared a fire hazard and nuisance.  They should be charged for all the expense the city had to pay.  Section 38-9 says the city can remove the declared nuisance from the area and bill for time and expense. 

Tara Allen, 528 S. Front, stated she would echo what the residents stated.  She is very concerned. KMI came in 12 years ago and she questions how that happened.  Given their safety, it is bothersome.  She hopes the city is reviewing the policies to prevent it in the future.  She is concerned about what will happen with KMI.  The doors are open and people are inside shuffling things around.  She hopes everything is being reviewed, as it should have been the last 12 years.

Jeff Hunter, 6302 Zahm Rd., stated there are stakes in the Electrolux property, and he has been reading the letter sent to Bruce Brown.  Electrolux gave consent to build the park.  Paragraph 5 of the Consent Judgement says you can do what you want.  The easement is to the top of the grade to 25 feet in the air.  He asked if they were trespassing on their property with the stakes?  He will call DEQ and Electrolux.  They can’t do anything below the grass.  They are proceeding with something they can’t do. 

Steve Bartholomew, 105 Stocking, stated there is a huge amount of negativity in Belding.  The whole town may not be in a good mood.  There is no good communication.  Social media and the website are out of date.  They should be able to see alerts.  People are concerned.  People can’t come to the meeting as they work.  How can they communicate except through emails?  We need to do some things better.  Let’s get everyone involved.  He bought a UTV.  The city has a snowmobile ordinance.  The ordinance was not updated.  He follows the state laws.   

Daniel Clark, 321 Isabelle, stated his major concern is communication.  The company has been open 11 years.  The fire department has been there eight times.  Most companies don’t have this track record.  The employees are not properly trained.  This is their headquarters.  What do their other facilities look like?  What do they give back to the community?  Is it tax money as why they can operate here?  Our local government is not putting safety as a high priority.  The city is more concerned about image rather than the safety of residents.  He went to the open house, and spoke to everyone at the meeting.   

Melissa Balinski, 439 River St., stated she was told it was on fire again.  They went to McDonald’s and sat for two hours until they knew the air was clear again.  She stated she was speaking from the heart.  She should be able to trust that she and her family are protected.  SMART 911 does not work, as it just has weather warnings.  She wonders what could be happening that she doesn’t know about. 

Patty Brown, 521 S. Broas, stated the high school kids are asking if they will die, and could they move?  It is frustrating.  She works in Ada.  If that was in Ada, it would be closed immediately.  They should not have that danger in a residential area.  They should not come back.  Now it is affecting the kids.  They shouldn’t be scared to live in town. 

Daniel Clark stated when talking with the EPA, they are putting more policies and procedures in place.  The business cut corners to make money.  They can’t take care of what they have. 

Mayor Miller thanked everyone for making comments. 

City Manager Comments

City Manager Niemela stated with KMI, the biggest concerns are beyond what went on, and the objective should be that they don’t produce products again.  All the chemicals have been removed as of yesterday.  It has been inspected by the county and police department.  The original supplier took it out.  The county confirmed that.  The observation is that the roof area appears to be leaking and they will repair it.  The goal of the city is not to let them back in.  The company said it would be some time before they went back into production.  They are required to meet a lot of conditions.  He doesn’t have any confidence.  The challenge the city has is all the  state and county agencies are geared toward the point of being required to let them resume if they meet the conditions.  He has reached out to city attorneys to review the ordinances, to use the resources of the city to stop the operation from coming up again.  The city law firm cannot assist, because they have done work for the owner of the company.  He is talking to another attorney tomorrow.  He is knowledgeable about local laws.  Council will be updated.  The goal for the future of the city is pushing forward to keep them from coming back.  There are no issues with the other operations they do there.  One of issues the city is trying to identify, is they said they had a permit from the city to discharge the neutralized product of one pound a day.  They have no permit and it is an illegal discharge.  The city will not give them a permit to discharge to the waste water system.  The area where they were discharging was a floor drain not going to the city sewer system.  They will be cited for that.  If they were to operate again, it would be required that the byproduct be diluted and stored in barrels.  The barrels would be picked up by a hazardous waste company and taken to a qualified landfill. He had a conversation with the state representative, then sat in on a call with DEQ and public health.  They are working with them to meet the conditions set forth.  A restraining order was issued by the county on the incident on July 19.  Everyone has to be satisfied.  He stated he wants to find a way to shut them down.  He will have that conversation with the attorney tomorrow, to discontinue operation anywhere in the city.

He stated they started the street paving program up again, and gave an update on what has been paved.  They are almost complete with local streets.  They have done some paving on major streets.  Repairs need to be done on the street on the Ashfield Bridge and they are waiting for estimates on the repair.  Those funds could be used for the repair of the bridge.  He has looked at the additional streets within the Housing Commission properties, and four streets are a part of that.  He has an overlay estimate, but does not have specific designated funds.  The city will be transferring the property, other than the streets.  The Housing Commission will own the property. He met with the attorney on the process to transfer the property. The city council will authorize the transfer of property to them.  The basketball court project starts tomorrow.  There is a 30 day curing process, and then the final coat will be placed on it and the backboards will be installed.  The trail project starts tomorrow and they will work on the lookout piece.  He had a conversation with Holly Noble about issues at Veterans Memorial Park and designating it as a named park.  They talked about a bronze statue of Denny Craycraft.  They met with local companies that do bronze statues, and a company in Muskegon.  They are looking at pricing.  If they did the statue of Denny and one near a rail car, it would be $68,000.  It would be $45,000 for one statue.  He will clarify if the city would be able to provide additional funding.  The committee could also do fundraising for the entire project.  They could have it done in six months and it could be unveiled on Memorial Day. 

Regarding the electronic sign at Bridge and Congress, the mayor made a draft policy.  They are looking at general comments, on civic and non-profit organizations, and which should be a part of that.  He will bring it back to the council. 

He talked to the HR person at Metron, and they are offering the opportunity for council to attend an open house to view the building and learn how they operate.  The proposed date is Friday, August 23 at 10:30 a.m.  Please let him know if that works, or if they need to select another date. Three members have indicated they would like to attend.  He needs to hear from the other two councilmen.      

Council Member Feehan asked if it would be possible to get an update on the city Facebook or the website?

City Manager Niemela stated it would be possible.

Council Member Feehan stated he would like to see SMART 911 used on any calls at the KMI building to notify the residents.

City Manager Niemela stated an additional 400 residents have signed up for SMART 911.

Council Member Scheid stated he would agree that better communication is needed in town.  They will strive on that.  People deserve to know what is going on.  There are some concerns.  Hopefully the city can stop them from bringing KMI back in. 

Council Member Jorel stated he likes things just clear and concise, and asked the city manager to let everyone know what the city’s ability is in this situation to shut KMI down on producing.

City Manager Niemela stated he is working with the attorneys to get clarification.  They are looking at the zoning ordinance.  The city does not want them to start out again.  They must find out if the ordinance is strong enough.  They want to have a system in place.  The legislator said he was considering dropping a bill to take care of it.

Council Member Davis stated they are moving forward to get rid of this issue in Belding.

Council Comments

Council Member Scheid thanked everyone for coming to the meeting. 

Council Member Davis stated he is a big proponent of facts, and he did commend Niemela in getting the agencies in place to get it shut down.  It is shut down.  It was a good job for that.  Communication is something to be worked on.  He thanked everyone who spoke.  He asked everyone to come up and feel free.  He encourages passion for the city.  He wants them to be excited and proud to be in Belding.  They are listening.  Show your enthusiasm.

Council Member Meyers stated they all shared in the frustration with communication on this  process.  They need to work on it.  There is no solution to handle the whole issue, but the hope is to improve some every time.  Everyone needs to realize it is not the fault of the city or county that there is a lack of management at KMI, and how they have treated the city for some time.  The city manager did a good job in getting people involved.  That is what it took.  They shut them down.  He spends a lot of time on the KMI issue.  He does walk by there.  Not living nearby does not take the concern away.  They will continue to work at that.  Just off their past, they have proven they should not be there.  Even if they meet the criteria, they should not be there.  John will work on that. 

Council Member Feehan stated he has the same concerns as they do, and he is glad it was brought forward.  He appreciates John staying on top of it and keeping them informed.  The web page will assist.  He thanked everyone for coming to the meeting. 

Mayor Miller thanked all that spoke and made great comments.  Becoming a mayor is nothing, being a mayor is something.  He stated he was also in the zone.  The owner is taking advantage of us and the community.  It is disheartening.  How we react as a community will determine the outcome over there.  There always needs to be more information.  They will get through it and figure it out.  The city will do everything they can to make sure they don’t manufacture again.   Communication keeps coming up.  They have great comments.  There are a lot of things going on in the community.  How many know the importance of the roads and everything else going on?  The city should let them know what is going on.  He is proud of the community.  They will do everything in their power to develop forms of communication they can deal with.  He appreciates the communication of bringing it up.  Their role is to go back and make things happen.  Things will get better. 

Mr. Clark stated there is a show of cause hearing next week on KMI.  He asked if they would attend?

Mayor Miller stated they are looking at that.  People can reach out to council. 

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 8:22 p.m.