CITY COUNCIL
REGULAR MINUTES
TUESDAY, March 3, 2020
PERE MARQUETTE DEPOT
100 DEPOT STREET
7:00 P.M.
A meeting of the City Council of the City of Belding, Michigan was convened in open and public session at 7:11 p.m. on Tuesday, March 3, 2020.
Mayor Miller gave the Invocation and led with the Pledge of Allegiance.
The Clerk, Janae Cooper took the roll call:
Members present: Mike Scheid, Jorel Davis, Doug Feehan and Brad Miller
Members absent: Bruce Meyers
Moved by Scheid, supported by Feehan to excuse the absence of Meyers.
Motion carried by the following roll call vote: yes –all.
Moved by Scheid, supported by Feehan to approve the agenda as presented. Mayor Miller noted the following additions to the Agenda: Add an Executive Session regarding Item C. Under New Business – Resolution to Approve City of Belding v. KMI Final Consent Judgment and add Special Event Applications as Item C. Community Easter Egg Hunt and Item D. Miss Belding 5K Race under the Consent Calendar. Motion carried by the following roll call vote: yes-all.
Moved by Scheid, supported by Feehan to accept the Consent Agenda as presented. Motion carried by the following roll call vote: yes-all.
Bruce Feuerstein commented on the Rite Aid Amendment. Feuerstein noted misinformation and misconceptions and receiving nothing in writing in his dealings with the company. He is opposed to the development.
Holly Noble appeared before the Council to keep them informed about the Denny Craycraft Veteran’s Memorial Park update. Noble reported many things coming up. She reported on slabs for benches and the addition of a 60 foot tall flagpole and American flag, like the exact flag that stands in front of Bell Tire in Greenville. Noble was still in need $29,000 by May and last week she was notified of a business in town who is paying for the whole thing! This is a huge asset to the City of Belding! Noble confirmed with City Council that there are no restrictions on flag/flagpole. Noble further inquired as to how to display signage for the Veteran’s Memorial Park. City Manager John Niemela stated that the City would need M-DOT’s involvement if because some signage may be on a state right-of-way. Niemela offered to contact M-DOT. Noble asked if the cement area to north side of path that is now blocked off with boulders could become a parking area for the park. Niemela advised Noble that a new bathroom area is planned to go there.
Feehan attended the Museum Board. They worked on the budget, they are looking for speakers for the coming year and a few maintenance issues were discussed.
Davis reported for Meyers on the housing commission who met on February 20th. They approved minutes and the Directors Report as well as a few other items. They will have a work session going over Cooperation Agreement. They discussed clearing drugs at Woodhaven. Additionally, they adopted some resolutions.
A. Moved by Schied, supported by Feehan to approve an Amendment to the Purchase Agreement with Rite Aid. Niemela advised the Council that there was initially a 90-day review period. Rite Aid has asked for an additional 90-day review to extend the time-frame to mid-May. They would then proceed to a final purchase agreement if the review is deemed ok. Feehan clarified with Niemela that the agreement before City Council is to simply approve 90 more days. Niemela stated that he has discussed Feuerstein’s concerns. Currently, how the project is planned it excludes Feuerstein’s property. Niemela has encouraged them to move forward. Niemela stated that he agrees that they have dealt with Bruce (Feuerstein) in an inappropriate manner. Niemela doesn’t want to upset one business to bring in another business. If the 90-day extension is approved then the sale would have to be approved and then it would go thru the Planning Commission. Niemela suggested getting Rite Aid, City Council and Bruce (Feuerstein) in a room before a decision is made. Motion carried by the following roll call vote: yes – all.
B. Moved by Scheid, supported by Feehan to discuss a Contract with Fleis and Vandenbrink for WWTP Operations. Niemela apprised the Council that currently an employee is managing the waste water plant (lagoons) and that it is not the most efficient way for this to be handled. The City needs an alternative way. Niemela requested the Council to move forward and asked for permission to enter into an Agreement with Fleis and Vandenbrink. Niemela stated that this is not a permanent arrangement but it needs deeper analysis. After their analysis, Fleis and Vandenbrink may submit an RFP. We need someone with a deeper and broader knowledge of the system, testing, supplies, monitoring, etc.; a more extensive access. There is some upfront additional cost, in the long run it is mostly neutral cost, but we would get more out of it. Approving this company would free up the staff that does it currently. An RFP would be submitted this calendar year. A job would be eliminated for person who does it now. The motion carried by the following roll call vote: yes – all.
The Mayor called for a brief recess at 7:29 p.m. to enter into Closed Session to discuss the Resolution to Approve the City of Belding v. KMI Final Consent Judgment.
Moved by Schied, supported by Feehan to move into Closed Session at 7:38 p.m. Motion carried by the following roll call vote: yes – all.
Moved by Scheid, supported by Feehan to resume Open Session at 7:51 p.m.
Attorney Redick addressed City Council and the public reporting that the Consent Judgment is a favorable outcome to both the City of Belding and KMI. Moved by Schied, supported by Feehan to approve the City of Belding v. KMI Final Consent Judgment. Nielema cited a verbage change in the Resolution as presented on page 1, number 2 of the Resolution, changing the word Township’s to City’s. Motion carried by the following roll call vote:
AYES: Council Members Scheid, Davis, Feehan and Miller
NAYS: None
ABSENT: Council Member Miller
The Resolution is as follows:
CITY OF BELDING
RESOLUTION APPROVING CONSENT JUDGMENT
[The City of Belding v Kassouni Manufacturing, Inc., et al.
Case No. 19-K-34153-CE (Ionia County Circuit Court)]
At a regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City, on the 3rd day of March, 2020, at 7:00 p.m.
PRESENT: Council Members:
ABSENT: Council Members:
The following preamble and resolution were offered by Member ____________ and supported by Member ____________:
WHEREAS, the City of Belding has filed a lawsuit that requests declaratory and injunctive relief for the purpose of seeking to permanently enjoin Kassouni Manufacuring, Inc. and Kassouni Holdings, LLC from engaging in the use and/or storage of the chemical compound known as trichloroisocyanuric acid within or at the facility located at 815 South Front Street, or otherwise within the City’s jurisdictional limits, as captioned above (the “Lawsuit”);
WHEREAS, the parties to the Lawsuit, through their attorneys, have engaged in settlement discussions and have negotiated a proposed Consent Judgment, a copy of which is attached as Exhibit A of this resolution;
WHEREAS, the City Council has considered the proposed Consent Judgment at a public meeting, after the giving of notice as required by law; and
WHEREAS, the City Council has determined that the Consent Judgment constitutes a fair, just and reasonable resolution of the claims set forth in the Lawsuit.
IT IS, THEREFORE, RESOLVED AS FOLLOWS:
1. The City Council hereby approves the proposed Consent Judgment, as attached to this resolution as Exhibit A.
2. The City’s legal counsel in the Lawsuit, Mika Meyers, PLC, is hereby authorized to execute the Consent Judgment on behalf of the City, and to submit the same to the Ionia County Circuit Court for entry, following execution by Defendants’ attorney. Prior to execution, the City’s legal counsel is authorized to make such minor, non-substantive amendments or revisions to the Consent Judgment, as may be needed to reflect the intent of the parties, to correct any errors, or to otherwise effectuate the parties’ agreed-upon terms for settlement of the Lawsuit.
3. This resolution shall become effective immediately, but shall expire and be of no effect if the Consent Judgment is not also executed by Defendants’ attorney.
AYES: Council Members:
NAYS: Council Members:
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 3RD DAY OF MARCH, 2020.
Sharon Carlson stated that the Housing Commission has finally received the HUD letters to move fwd. with their improvements. She will update board periodically. A closing is scheduled for mid-April. Carlson asked the Council to send any resident/citizen concerns to her (Sharon). Additionally, Carlson noted that she is the Chair to the DDA and acknowledges Mr. Feuerstein’s comments regarding Rite Aid.
Niemela commented that a Budget Workshop was held prior to the City Council meeting and reminded the members that if they have a question to call either him or Becky. He will target next month for the public hearing on the budget, however there are two meetings in May if more time is needed. Mayor Miller suggested waiting for Meyers to be present.
Niemela will meet with Fire Chief Tim Lubitz to discuss a Capital Improvement Plan for the Fire Department.
Davis inquired as to how Rite Aid was valued at $30,000. Niemela stated that originally Rite Aid hired a consultant and nothing came of it. The Assessor assigned the $30,000 value to the property. ZBA will be needed beyond the site plan review. Clean up for the contaminated property in the past was funded by a grant. Niemela has been unable to find a document for that project. Mayor Miller stated that the purchase price versus future taxation will do the community good in the future.
The Ashfield Bridge project is moving along well. Weather permitting they should be pouring concrete tomorrow. Pedestrian traffic restrictions have been accommodated all along.
Schied thanked everyone for coming.
Feehan thanked everyone for coming.
Davis was excited about the KMI outcome, the flagpole, and Rite Aid.
Mayor Miller said that he -echoes Davis’ comments. The flag is a feather in the community’s cap. He congratulated Sharon Carlson. Mayor Miller commented on the good workshop for FY 2021.
Moved by Scheid, supported by Feehan to adjourn the meeting at 8:13 p.m. Motion carried by the following roll call vote: yes – all.
______________________________ _________________________________________
Brad Miller, Mayor Janae Cooper, City Clerk