REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, January 7, 2020
7:00 p.m.
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, January 7, 2020.
Mayor Miller gave the Invocation and led with the Pledge of Allegiance.
The City Clerk took the roll call:
Members present: Mike Scheid, Jorel Davis, Bruce Meyers, Doug Feehan and Brad Miller
Members absent: None
Approval of Agenda
Mayor Miller made the following amendments to the Agenda: Remove Item G. under New Business and amend Item F. Under to New Business to include John Niemela. Moved by Scheid, supported by Feehan to approve the amended agenda. Motion carried by the following roll call vote: Yes – all.
Consent Agenda
A. Approve Independent Bank Checks 73403 to 73465 in the amount of $136,517.02
Approve Chemical Bank Checks 7425 to 7440 in the amount of $81727.12
Approve Independent Bank – File Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
B. Approve Minutes: Regular scheduled meeting, December 17, 2019
C. Approve Minutes: Closed session, December 17, 2019
Moved by Scheid, supported by Feehan to approve the Consent Agenda as presented. Motion carried by the following roll call vote: Yes – all.
Reports by Council Liaisons
Meyers apprised the Council Members that he attended the Housing Commission meeting. Discussion included the RAD conversion steps including the rent waiver, the status of the loan with the bank and the lead based paint testing in addition to their regular business. Meyers stated that they went over the draft audit report and talked
about arranging a cooperation agreement meeting which is to be set up with the City Manager and the Housing Commission to discuss further.
New Business
A. Ordinance No. 452-A23 – Amendment to 452-A20 – Adoption
Moved by Scheid, supported by Feehan to approve the second reading of Ordinance No. 452-A23.
Discussion took place clarifying the process of the transition from a temporary license to a permanent license. During the transition there may be up to 3,000 plants due to the four-month cultivation process. Once a permanent license is secured there will be no more than 1,500 plants.
Ordinance No. 452-A23 was adopted 3-2 by the following roll call vote:
Yes – Davis, Meyers and Mayor Miller
No – Scheid and Feehan
The Ordinance is as follows:
CITY OF BELDING
IONIA COUNTY, MICHIGAN
ORDINANCE NO. 452-A23
AN ORDINANCE TO AMEND ORDINANCE NO. 452-A20 TO PERMIT
AN ADDITIONAL MEDICAL MARIHUANA GROWER OPERATION AND TO
INCREASE THE PERMISSIBLE NUMBER OF MARIHUANA PLANTS.
THE CITY OF BELDING ORDAINS:
Section 1.
Ordinance No. 452-A20 is amended as follows:
a. The preamble of Section 2 is rewritten to read: The property described may be used for two medical marihuana grower operations, each with not more than 1,500 plants, provided there is compliance with the following conditions:
b. Section 2.b. is rewritten to read: Only two medical marihuana grower facilities may be established and operated by a Licensee in the City, subject to compliance with Act 281, the Rules, and this ordinance.
c. Section 2.l. is added to read: Two medical marihuana grower operations, each with not more than 1,500 plants are permitted by this Ordinance. The medical marihuana grower has offered, and the City hereby accepts, that when a new facility is constructed and is being used for a grower operation, the grower operation at the temporarily rezoned property in the now existing building will be discontinued and the license for up to 1,500 plants at that location will be surrendered.
Section 2.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
B. Ordinance No. 554 – Amendment to 550 – Adoption
Moved by Scheid, supported by Feehan to approve the second reading of Ordinance No. 554 – Amendment of 550.
Discussion took place clarifying that this Ordinance pertains to zoning. Meyers commented on the annual fee and affirmed that it is non-refundable should the business stop.
Ordinance No. 454 was adopted 3-2 by the following roll call vote:
Yes – Davis, Meyers and Mayor Miller
No – Scheid and Feehan
The Ordinance is as follows:
CITY OF BELDING
IONIA COUNTY, MICHIGAN
ORDINANCE NO. 554
AN ORDINANCE TO AMEND CHAPTER 58, ARTICLE IX, SECTION
58-179(c) TO THE CITY OF BELDING CODE OF ORDINANCES TO
ALLOW TWO MEDICAL MARIHUANA GROWER OPERATIONS IN THE
CITY OF BELDING
THE CITY OF BELDING ORDAINS:
Section 1. Amendment of Section 58-179(c).
Chapter 58, Article IX, Section 58‑179 (c) of the Code of Ordinances is hereby amended. Such section shall read as follows:
c. Sections 58-179(a) and (b) above notwithstanding, two medical marihuana grower operations for not more than 1,500 plants each shall be permitted, upon payment of an annual fee of $5,000 for each grower operation, at the location described as follows and at one other location as approved by the Planning Commission:
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.
The medical marijuana grower has offered, and the City hereby accepts, that when a new facility is constructed and is being used for a grower operation, the grower operation at the temporarily rezoned property in the now existing building will be discontinued and the license for up to 1,500 plants at that location will be surrendered.
Section 2. Effective Date.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
ORDINANCE DECLARED ADOPTED.
C. Appointment of Fire Chief
Moved by Schied, supported by Feehan to approve the Resolution Of The City Council Of The City Of Belding, Michigan Appointing Timothy Lubitz As Fire Chief.
City Manager, John Niemela introduced Timothy Lubitz to the City Council Members and offered his recommendation in support of Lubitz’s promotion to Fire Chief. Niemela cited Lubitz’s many qualifications. Meyers inquired to Niemela as to the process of how he came to the decision to offer the Fire Chief position to Lubitz. Niemela noted that the City has qualified candidates within, and additionally he spoke with the other firefighters who were not interested in the position at this time.
Resolution No. 2020-01-01 was adopted 5-0 by the following roll call vote:
Yes – all
The Resolution is as follows:
CITY OF BELDING
RESOLUTION NO. 2020-01-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING TIMOTHY LUBITZ AS FIRE CHIEF.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan was held in said City on the 7th day of January, 2020.
WHEREAS, a vacancy was created in the office of the Fire Chief due to the retirement of Gregg Moore on January 10, 2020; and
WHEREAS, Timothy Lubitz has been selected to fill the position of Fire Chief effective January 11, 2020; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Timothy Lubitz be hereby appointed Fire Chief.
RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 7TH DAY OF JANUARY, 2020.
D. Award bid – Ashfield Bridge Expansion Joint Replacement
Moved by Scheid, supported by Feehan to approve the Resolution Of The City Council Of The City Of Belding, Michigan Awarding The Bid For The Ashfield Bridge Expansion Joint Replacement To Milbocker And Sons Inc.
Niemela apprised the City Council of the Ashfield bridge structural issues. Niemela reports damage predominantly to the joint on the southeast side. Deterioration is likely due to a prior rebuild as initially the construction of the sidewalk was a floating, structure. Over time, as a preventative measure, the sidewalk was pinned to the bridge deck around 2007 or 2008, which is now believed to be a contributing factor to the deterioration. Niemela has checked with his resources and has determined that he can apply to the State of Michigan Local Bridge Program for financial assistance however the funding goes out three-years unless the repairs are deemed to be an emergency. The City cannot put the project on hold waiting for funds that may never be granted; the city needs to do something now. Earlier this year the quotes all came in at around $90k. Due to it being the off-season quotes were sought again and one company came in significantly lower, so Niemela proposes to move on this now so not to incur a higher price at a later time. Niemela proposes a budget amendment into the street fund. Niemela stated that all three bridges will be inspected for continuous maintenance and then the city can apply for a three-year application to preserve the bridges. The State funding is not guaranteed. Davis inquired if this problem was foreseen. Ernie Thomas, DPW Director, responded that the issue appeared last spring; it happened due to the winter weather. The other bridges also have other issues. . Meyers asked if this is a permanent repair? Niemela stated that once the city applies for funding, their request cannot go retroactive. Niemela is asking for $70,000 above the bid to cover unforeseen expenses. The transfer will not affect future repairs for 2020-21. Thomas stated that the bridge will be out of service for a time as the joint will have to be cut; weather permitting it should be a relatively short inconvenience of a few months. Grand Rapids Concrete will be testing the concrete. Davis stated the Niemela is asking for over a 27% contingency. Niemela, stated that unused funds can
be transferred back into the street fund if necessary. Thomas stated that most projects carry a 10-15% contingency.
Resolution Of The City Council Of The City Of Belding, Michigan Awarding The Bid For The Ashfield Bridge Expansion Joint Replacement To Milbocker And Sons Inc. was adopted 5-0 by the following roll call vote:
Yes – All
The Resolution is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AWARDING THE BID FOR THE ASHFIELD BRIDGE EXPANSION JOINT REPLACEMENT TO MILBOCKER AND SONS INC.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 7th day of January, 2020.
WHEREAS, the Ashfield Bridge expansion joints are in need of replacement; and
WHEREAS, Milbocker & Sons Inc. was the lowest responsive and responsible bidder.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the bid be awarded to Milbocker and Sons Inc. for the Ashfield Bridge Expansion Joint Replacement in the amount of $49,450.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 7TH DAY OF JANUARY, 2020.
E. Budget amendment – FY 2019/20
Moved by Scheid, supported by Feehan to approve the Resolution Of The City Council Of The City Of Belding, Michigan Amending The Fiscal Year 2019/20 Budget.
The Resolution Of The City Council Of The City Of Belding, Michigan Amending The Fiscal Year 2019/20 Budget was adopted 5-0 by the following roll call vote:
Yes – All
The Resolution is as follows:
RESOLUTION NO. 2020-01-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AMENDING THE FISCAL YEAR 2019/20 BUDGET.
WHEREAS, on May 21, 2019, the Council of the City of Belding, Michigan adopted its 2019/20 Fiscal Year Budget for the administration of all funds and activities; and,
WHEREAS, unanticipated revenues and expenditures are projected which may exceed budget appropriations listed in said budget; and,
WHEREAS, the Fiscal Year 2019/20 Budget must be changed to reflect these adjustments;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Fiscal Year 2019/20 Budget be amended pursuant to the attached worksheet.
This resolution declared adopted this 7th day of January, 2020.
F. Credit card authorization – John Niemela & Janae Cooper
Moved by Scheid, supported by Feehan to approve the resolution Of The City Council Of The City Of Belding, Michigan Authorizing John Niemela And Janae Cooper To Each Use A Credit Card From Mercantile Bank.
The Resolution Of The City Council Of The City Of Belding, Michigan Authorizing John Niemela And Janae Cooper To Each Use A Credit Card From Mercantile Bank was adopted 5-0 by the following roll call vote:
Yes – All
The Resolution is as follows:
CITY OF BELDING
RESOLUTION NO. 2020-01-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING JOHN NIEMELA AND JANAE COOPER TO EACH USE A CREDIT CARD FROM MERCANTILE BANK.
WHEREAS, John Niemela is the City Manager and Janae Cooper has been appointed City Clerk for the City of Belding, effective January 2, 2020; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that authorization is hereby granted to John Niemela and Janae Cooper to each have a credit card from Mercantile Bank.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 7TH DAY OF JANUARY, 2020.
Public Comment
Jeff Hunter commented on the Ashfield Bridge, fire department equipment and the damage incurred to a historical building. Hunter asked the council members where the city’s $19 million budget goes.
City Manager Comments
Niemela commented on UTV grant funding. He has received an informal notification that the city is to receive $5,000. He will submit another application re: air tanks / replacement – the cost to the grant writer for them to do the application is $50. We have used them before. At this point the application process is not open, he is just preparing. Niemela addressed Jeff Hunter’s concerns regarding damage to a historical building. The money is already technically available through the MDOT Small Urban Funding Program. He is waiting for a change to be approved from money allotted for bussing to structural repairs. He is looking into other things to fit into the funding and to secure adequate funding.
Meyers asked Niemela to explain the Road Commission Advisory Board meetings. Niemela stated that the Board has established three committees for the conversion: Pension, Propery/Equipment and Budgeting. There is a gravel mining potential on some of the properties owned by the County. If a gravel mining potential is not found then they plan to sell the properties and put the proceeds into the pension plan to help to lower the outstanding obligation of the pension plan.
Feehan voiced resident comments on answering phones and having a real person during business hours. Niemela stated that he is working on improving phone system right now by switching over to VOIP to move through the system quicker including better phones with more technology and features. Feehan suggested working with police chief for crime watch program again.
Miller clarified that a cost incurred for towing a Dial-a-Ride vehicle was not for one of the new busses.
Council Comments
Scheid thanked everyone for showing up.
Davis thanked the public for attending and welcomed Tim Lubitz. Davis additionally thanked Ernie Thomas for the information about the Ashfield Bridge. Davis wished everyone a Happy 2020.
Meyers welcomed Tim Lubitz. He stated that he doesn’t agree with everything that was said tonight and feels the same frustations as the citizens. Miller discussed the slowness of government, as well as seizing opportunities and stepping out of our comfort zones.
Mayor Miller welcomed everyone and looks for prosperous year. Mayor Miller commented on Tim Lubitz doing a great job. Mayor Miller commented on taking the opportunity to play offense instead of defense.
Closed Session
Moved by Schied, supported by Feehan to enter into Closed Session at 8:05 p.m. to discuss strategy and negotiation session connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed hearing.
Motion carried by the following roll call vote: Yes – all.
Moved by Scheid , supported by Feehan to enter back into Open Session at 8:22 p.m. Motion carried by the following roll call vote: Yes – all.
Adjourn
Moved by Scheid , supported by Feehan to adjourn the meeting at 8:23 p.m. Motion carried by the following roll call vote: Yes – all.
| | Brad Miller, Mayor |
| _________________________________________ Janae Cooper, City Clerk | |
| Minutes approved on: |