REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, March 19, 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 19, 2019.
Council Member Scheid delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The Acting Clerk took the roll call:
Members Present: Council Members Mike Scheid, Jorel Davis, Bruce Meyers, Douglas Feehan and Brad Miller
Members Absent: None
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
None
Approve Independent Bank – File Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
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
Council Member Scheid had nothing to report.
Council Member Davis there has not been a ZBA meeting.
Council Member Meyers said the March 11th Rec Board meeting was cancelled and the next meeting is April 8th. The Housing Commission meeting is scheduled for the 21st, this week.
Council Member Feehan had nothing to report.
Mayor Miller didn’t have anything to report. The Planning Commission meeting for this month has been cancelled, and Library Board is coming up.
None
The Acting 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 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.
Council Member Meyers asked about when the house on that property would be torn down, and wondered if that was a condition. City Manager Niemela said that was not a condition recommendation made by the Planning Commission. Mr. Betteridge, the applicant, said it is coming down very soon. The gas and electric lines have already been removed. He has contracted with Anderson Gravel, who is just waiting for the load restrictions to come off so he can get his equipment in there. Hopefully within the next two or three weeks it should be gone.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Miller, and Feehan.
Nays: None
The Acting 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 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.
City Manager Niemela gave a brief explanation as to why the applicant requested this rezone and
indicated that until the rezone is done, the applicant is unable to declare exactly what he plans to
do with this property.
The question on the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Miller, and Feehan.
Nays: None
The Acting Clerk read the preamble to the resolution.
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 ADOPTING A LOCAL PAVEMENT WARRANTY PROGRAM
WHEREAS, the Michigan Legislature (MCL 247.663) requires each city or village to adopt a Local Agency Pavement Warranty Program that was approved by the Michigan Department of Transportation in 2018; and
WHEREAS, the Michigan Local Agency Pavement Warranty Program was developed by the Local Agency Pavement Warranty Task Force for use by all 533 cities and villages in the format approved by the Michigan Department of Transportation in 2018; and
WHEREAS, the Michigan Department of Transportation has reviewed and approved the Michigan Local Agency Pavement Warranty Program consisting of Special Provisions (Boilerplate, Concrete, HMA, Location, Pass-Through Warranty Bond); a Warranty Bond Form and Contract Form; and Guidelines for Local Agency Pavement Warranty Programs.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan hereby adopts the Michigan Local Agency Pavement Warranty Program and accompanying documents in accordance to the requirements of MCL 247.663;
and
BE IT FURTHER RESOLVED, this resolution is made a part of the minutes of the City of Belding council meeting on March 19, 2019.
City Manager Niemela gave a brief explanation as how this came about. He explained that the requirement is only for paving projects, either concrete or asphalt, that are in excess of two million dollars. He feels it would be good to have this policy in place in case the City does have a project of that magnitude. He then explained that the next item would be the actual warranty program, which was developed by the same group that did a sample that was acceptable by the Transportation Commission at the State, which said if you adopt this plan that would satisfy the requirements of the Public Act. He said we need to have this in place by September of this year.
Council Member Meyers asked what constitutes a project and City Manager Niemela gave an example of a project that would maybe hit the two million dollar mark. He said the only part of a project would be paving; either asphalt or concrete.
Mayor Miller talked about the length of the warranty on an overlay being for one year, and for concrete replacement it’s five years, and he wonders if that’s long enough. City Manager Niemela explained that those are parts of the issue that come into what really is a warranty, and what the expectation is of it. If you’re doing proper maintenance it’s likely to be extended out farther. He gave an example of roads being done with overlay and how the warranty would be controlled.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Miller, and Feehan.
Nays: None
The Acting Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Feehan.
RESOLUTION NO. 2019-03-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
TO IMPLEMENT A LOCAL PAVEMENT WARRANTY PROGRAM
WHEREAS, the Michigan Legislature created a requirement (MCL 247.663) as part of the Transportation Funding Package of 2015 that requires each city and village to adopt a Local Agency Pavement Warranty Program that was approved by the Michigan Department of Transportation in 2018; and
WHEREAS, the City of Belding adopted the Michigan Local Agency Pavement Warranty Program on March 19, 2019; and
WHEREAS, the City of Belding agrees to consider a local pavement warranty on each project that includes $2 million or more in paving-related items and includes any state or federal funds;
WHEREAS, the Local Agency Pavement Warranty Program law requires each city and village to report annually on each project that includes $2 million or more in paving-related items and includes any state or federal funds, whether or not a warranty was utilized in the project; and
WHEREAS, the City of Belding agrees to implement the Michigan Local Agency Pavement Warranty Program consistent with the Guidelines for Local Agency Pavement Warranty Program document that was approved by the Michigan Department of Transportation in 2018; and which City of Belding’s adopted implementation Policy defines the City of Belding’s intent of its pavement warranty program;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that it hereby agrees to implement the Local Agency Pavement Warranty Program and annually report in accordance with the law.
Council Member Scheid asked what the difference is between the two ordinances. City Manager Niemela explained that one is stating that you have a warranty program in place, and the other is the detail of what that actually is.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Scheid, Davis, Meyers, Miller, and Feehan
Nays: None
Stuart Forth, 215 W. Washington Street, said he wants to be put on the record as he would like the City to address pulling the no parking signs on Washington Street. He feels they are serving no purpose there. He feels they could be used somewhere else. He said he isn’t here to argue, but this has been an ongoing problem for going on ten years. He then showed a picture board of a house next to his. He said it has been vacant for going on ten years. He said it is run down. Three years ago, City officials were contemplating condemning it. He said it was bought a year ago by someone out of Grand Rapids. They haven’t cut the grass or shoveled snow. He feels it’s another absentee owner. Shingles are blowing off, and you can see through the chimney. He feels it shouldn’t be left that long in neglect.
Dave Hodges, 4833 Flat River Trail, gave a report on his meeting. They had a lawyer for the Drain Commission and dealing with Thornapple Inter-County Drain. They had a resolution that we will have to approve at the next meeting. He talked about the drain that is 60% in Barry County, thirty some percent in Ionia County, and some in Kent County. It was on the news about trout in this drain. So they stopped fishing it, but the landowners along the river are paying more than they should have. For Departmental Reports, they had Central Dispatch. They also had Emergency Management, which is a new committee on which he serves as Chair. They had their first meeting last month which included Police Chiefs, Fire Chiefs, Sheriff, and State Police. He said he was impressed with the comments from a gentleman from the City of Belding. He was a little surprised that that Committee does everything they do on a budget of $35,000 a year, which is grant money. One of the things they hope to do within a year is to put cameras in historical part of the courthouse, where there are not currently any cameras. He told the Board that when they are doing next year’s budget, he would like to see them take care of the twelve thousand dollars for those cameras, so they can use their money in other ways. They have equipment to buy and they want to buy a command vehicle for situations in which they can work. He also asked the Board to present a list of needs and they will have a work session to go through the list. Then they will present to other departments. They know they have some problems with the jail. They spend about $3,000 a year to just make repairs to jailhouse. They are overcrowded and there is not enough space. Water is coming through the walls at the Sheriff’s Department from showers. He told the Board that he wants approval to allow an independent guy come in and evaluate the situation and tell us what needs to be done.
Manager Niemela said that he will attend the Michigan Municipal League conference tomorrow.
Council Member Meyers asked about brush pickup, and Manager Niemela said they should start next week. Some resources may be available to the City due to the emergency created by the weather. A volunteer group expressed desire to help with brush cleanup. A lot of what they have is not simple brush, but actual downed trees. They may open brush dump site for citizens on Friday and Saturday. Council Member Meyers also asked about the possibility of a Zoning Administrator, and Manager Niemela said that only if we can find it in budget. The challenge is recurring expense versus singular expense which is a one-time expense. We have to be able to sustain it for a length of time.
Council Member Davis asked about not having recurring expense, could we do contract services for zoning. Manager Niemela said that’s what we would do. But, if it’s going to be more than a one year thing, that would be the recurring expense whether it’s contract or on staff. The Zoning Administrator position would be a contract position.
Council Member Scheid thanked everyone for coming tonight, and for their comments.
Council Member Davis asked about when the street overlay would start, and Manager Niemela said it is weather related, but the biggest thing is when the blacktop plant gets started up again. He explained that in this year’s budget, they still have Reed St., and N. State to do. There will be some to do in the next fiscal year as well. Council Member Davis thanked everyone for attending.
Mayor Miller had an opportunity to reach out to the owners of the house mentioned before by Mr. Forth. There had been some activity in the summer. But he said the dumpster has disappeared, the OSB is sitting in the driveway with a tarp over it. It has never progressed. It is part of the historic district, and it needs to look at it again. He then thanked everyone for coming.
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 7:33 p.m.
| | Brad Miller, Mayor |
| Shelley Mosher, Acting City Clerk | |