REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, March 5, 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, March 5, 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.
Consent Agenda
- Approve Independent Bank Checks 71716 to 71779 in the amount of $107,225.58 and Checks 71780 to 71811 in the amount of $128,465.27
Approve Chemical Bank Checks 7336 to 7341 in the amount of $81,709.63
Approve Independent Bank – File Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
- Approve Minutes: Regular scheduled meeting, February 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 the ZBA held a meeting on February 25, and discussed a non-use variance for 415 Alderman Street and a use variance for 416 S. Bridge. Both requests were approved.
Council Member Meyers stated the Rec Board will meet on March 11, and the Housing Commission met on February 21, but he was not able to attend. Sharon gave him an update. Staff reports were presented, and bills reviewed. They held a work session with the Greenville Housing Commission and their executive director was in attendance. They are looking at the current and upcoming staffing requirements for each agency and would like to develop a long range solution. They may explore resource sharing with IT and directors. They wish to plan for down the road. The Belding Housing Commission has strong leadership. The fire protection service proposals were reviewed. The medical marijuana ordinance was not available for discussion at the meeting.
Council Member Feehan stated the program at the Bel would be held on March 13 at 7 p.m. They discussed possible parking problems because of the parking lot closure across the street. They will look at a Belding Brothers safe that would be donated. They will check on the cost and ability to move it.
Mayor Miller stated the Library Board meeting was held on February 25. Bills were paid and they are reviewing not requiring fines for younger adults. A few other libraries have done that. They are updating the security cameras for some areas of the library. They did lose a boiler and have been running on one for some time. The parts have been ordered. They are revisiting the library logo, working on the art work to modernize it. The Planning Commission met on February 26. There were two public hearings for rezoning of property. The first was for 416 S. Bridge, for a child care center, from R-2 to RM-1. The second was for a rezone at 1331 W. State from B-2 to I-1for a medical marijuana grow facility. The Planning Commission is recommending the zoning changes. The first readings will be held tonight. They reviewed a draft of a single grow facility ordinance. The Planning Commission was not required to have a public hearing. The Planning Commission voted to recommend approval of the ordinance to the city council. The first reading will be held tonight. They wanted to reevaluate the property at 951 Merrick Street, for a rezone from R-1 to I-1. The public hearing was held in April, 2018. The Planning Commission recommended approval to the city council. The first reading will be held tonight.
Unfinished Business
There was no unfinished business.
New Business
A. Emergency Service Agreement with Keene Township
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Feehan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING AN EMERGENCY SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF KEENE AND THE CITY OF BELDING.
WHEREAS, the City of Belding provides emergency service to Keene Township under contractual agreement; and,
WHEREAS, the agreement will expire on March 31, 2019; and,
WHEREAS, both the township and the City of Belding wish to extend this contract for a period of three (3) years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,
Michigan that the City Manager and City Clerk are authorized to execute a contract with Keene Township for fire service.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Scheid, David, Meyers, Feehan and Miller
Nays: None
B. Ordinance No. 452-A19 – Rezone of 415 Alderman, 421 Alderman and 416 S. Bridge – first reading
Council Member Scheid moved to bring the ordinance to the floor for discussion, and the motion was supported by Council Member Feehan.
AN ORDINANCE TO AMEND THE CITY ZONING MAP OF THE CITY OF BELDING MICHIGAN, INCORPORATED IN THE ZONING ORDINANCE OF THE CITY OF BELDING (BELDING ORDINANCE NUMBER 452) BY SECTION 3.2, OF THE BELDING CITY CODE.
THE CITY OF BELDING ORDAINS
SECTION 1 The Zoning Map incorporated in the Zoning Ordinance of the City of Belding by Section 3.2, of the Belding City Code is amended as follows:
The properties rezoned from R-2 (Single Family Residential District) to RM-1 (Multiple-Family Residential District) are legally described as:
CITY OF BELDING BROAS 1ST ADDN N 1/2 LOTS 29 & 30
Location: 415 Alderman Street, Belding, Michigan.
Parcel: 34-403-060-000-130-00
And:
CITY OF BELDING BROAS 1ST ADDN S 1/2 LOTS 29 & 30
Location: 421 Alderman Street, Belding, Michigan
Parcel: 34-403-060-000-125-00
And:
CITY OF BELDING BROAS 1ST ADDN LOTS 31 & 32
Location 416 S. Bridge Street, Belding, Michigan
Parcel: 34-403-060-000-136-00
SECTION 2 All other parts of the zoning map and zoning ordinance are affirmed and shall remain unchanged.
SECTION 3 A copy of this Ordinance shall be filed with the Ionia County Register of Deeds.
SECTION 4 This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
C. Ordinance No. 452-A20 – Rezone of 1331 W. State – first reading
AN ORDINANCE TO REZONE PROPERTY FROM B-1 BUSINESS
TO I-1 INDUSTRIAL AND TO PERMIT A 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.
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. "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 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 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 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 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.
Council Member Feehan stated the word medical is not in that document.
City Manager Niemela stated at the final read, the word medical can be inserted. That will make it clearer. It will only be a grow facility.
Council Member Feehan stated they are starting a business in there. He asked if it was up to code?
City Manager Niemela stated they would be guided by state law.
Council Member Feehan stated if there are any discussions, the police chief and fire chief should be here for their comments. They need to be involved from day one on this.
City Manager Niemela stated there would be a separate document that the Radliffs will sign for a conditional zoning, in addition to this.
Council Member Davis stated Act 281 deals with a medical marijuana facility.
Council Member Meyers asked why the rezone it is up to three years, from two years?
Lisa Ratliff stated it can take a long time, but they are hoping it will move along quicker. They hope to grow beginning in October.
Mayor Miller stated council will vote on it April 2.
D. Ordinance No. 452-A21 – Rezone of 951 Merrick Street – first reading.
AN ORDINANCE TO AMEND THE CITY ZONING MAP OF THE CITY OF BELDING MICHIGAN, INCORPORATED IN THE ZONING ORDINANCE OF THE CITY OF BELDING (BELDING ORDINANCE NUMBER 452) BY SECTION 3.2, OF THE BELDING CITY CODE.
THE CITY OF BELDING ORDAINS
SECTION 1 The Zoning Map incorporated in the Zoning Ordinance of the City of Belding by Section 3.2, of the Belding City Code is amended as follows:
The property rezoned from R-1 (Single Family Residential District) to I-1 (Industrial District) is legally described as:
CITY OF BELDING N 30 AC SW 1/4 NW 1/4, SEC 12 T8N R8W
Location: 951 Merrick Street, Belding, Michigan.
Parcel: 34-401-040-000-370-00
SECTION 2 All other parts of the zoning map and zoning ordinance are affirmed and shall remain unchanged.
SECTION 3 A copy of this Ordinance shall be filed with the Ionia County Register of Deeds.
SECTION 4 This Ordinance shall be published as provided in the City Charter and shall become effective ten (10) days after publication.
Council Member Meyers asked if it was normal to have a plan in place.
City Manager Niemela stated they have had people with specific plans, but those are not written into the planning and zoning ordinance. Or, council can rezone property on their own for a better use. He would like to have it ready to go if there was an expansion. The Planning Commission would do a site plan review on a project.
E. Ordinance No. 550 – to allow a single marijuana grower operation – first reading
AN ORDINANCE TO ADD CHAPTER 58, ARTICLE IX, SECTION 58-179(c) TO THE CITY OF BELDING CODE OF ORDINANCES TO ALLOW A SINGLE 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 marihuana grower operation 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.
Council Member Feehan stated it should say medical marijuana.
Mayor Miller stated it will be considered for adoption on April 2.
Public Comments
Sam Mason, 516 W. May, asked why are the assessments on the commercial properties decreased, but the taxes went up for residential?
City Manager Comments
City Manager Niemela stated he gave council information about the Capital Conference on March 19-20. The main part is on March 20. He asked if council had interest, let him know because the deadline is extended to Thursday. There is a lower rate for early registration.
City council approved a resolution, for Adoption of Waiver of Interest and Penalty for Property Transfer Affidavits, and council asked what the fees were. The fees are established by public act. In the future, they can include the page with the resolution.
In response to the question raised about assessment values, the assessing values are determined by sales. There have been a lot of residential sales in the last two years. The values are based on sales compared to how they are assessed, and they can be adjusted based on sales. There are limitations. The residential went up 2.4% unless improvements were made, and that was state wide. On commercial, it would be the same way. If it was selling below what is assessed, adjustments have to be made to accommodate sale vs. assessed value. They look at reasonable sales of a willing seller and buyer. He will confirm that or get the correct response. It is based on sales by class. Residential improved means there is a structure on the parcel, not vacant land. It doesn’t mean improvements have been done. The taxes don’t come out until July. The taxable value is the most important, as the millage is applied on that figure.
Council Comments
Council Member Feehan stated they should make sure to add medical in there. On the property across the street, he asked if they could get a report from the police chief on codes and the fire chief on any codes he is involved with. There are complaints on the condition and no one seems to be moving on that. He requested a report within 30 days so council has information on the condition of the building, until it is torn down or repurposed.
City Manager Niemela stated structurally, that would be beyond their expertise. They could prohibit us from going on the property. He will talk to them.
Council Member Scheid thanked everyone for coming.
Council Member Davis thanked everyone for coming.
Council Member Meyers had no comments.
Mayor Miller stated they should get clarification around the assessing, just some explanation between commercial and residential. He asked if the average person would know, or could they post it or call in?
City Manager Niemela stated they can call the assessor at any time to answer questions. It is either improved or vacant. The assessed value is based on overall sales for two years, and there was about a 20% increase. That won’t affect those holding on to their house, just as they sell it.
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 7:50 p.m.
| | Brad Miller, Mayor |
| Kareen J. Thomas, City Clerk | |
