*AMENDED
REGULAR MINUTES
CITY COUNCIL MEETING
TUESDAY, JUNE 15, 2021
BELDING MUSEUM
108 HANOVER 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 the Belding Museum, 108 Hanover Street at 7:00 p.m, on Tuesday, June 15, 2021.
Mayor Bruce Meyers called the meeting to order at 7:00 p.m. and led with the Pledge of Allegiance.
The Acting Clerk, Shelley Mosher took the roll call:
Members present: Doug Feehan, Jorel Davis, Bruce Meyers, and Bonita Steele
Members absent: Mike Scheid
Moved by Steele, supported by Feehan to excuse Scheid per Section *4.5(f) of the City Charter. Motion carried by the following roll call vote: Yes - All.
Moved by Feehan, supported by Steele to approve the Agenda as presented. Motion carried by the following roll call vote: Yes• All
Bruce Feuerstein, 203 Pleasant St., commented Item F. under New Business. He handed out information and a proposal for the Breimayer Lot to the Council Members.
Sam Mason, 516 W. Main St., commented on the Breimayer Lot.
Moved by Feehan, supported by Steele to approve the Consent Agenda as presented.
The motion carried by the following roll call vote: Yes - All.
A. Approve Independent Bank Checks 76271 to 76361 in the amount of $83,766.19
Approve Independent Bank - File Approval Confirmation
Approve Independent Bank - ACH Transaction Approval Confirmation
B. Approve Minutes: Regular scheduled meeting, June 1, 2021
C. Reappointment-Museum Advisory Board - Jill Mason (exp 7-17-21)
The Resolution is as follows:
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING JILL MASON TO THE MUSEUM ADVISORY BOARD.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 15th day of June, 2021.
The following preamble and resolution were offered by Council Member Feehan and seconded by Council Member Steele.
WHEREAS, the term of office for Jill Mason on the Museum Advisory Board will expire on July 17, 2021
WHEREAS, Jill Mason has indicated that she is interested in serving another term on the board; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Jill Mason be reappointed to the Museum Advisory Board with a term to expire on June 15, 2024.
Upon vote for the adoption of said resolution, the vote was:
YEAS: Council Members Jorel Davis, Bonita Steele, Doug Feehan and Bruce Meyers
ABSENT: Mike Scheid
NAYS: None
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 15TH DAY OF JUNE, 2021.
D. Reappointment-Museum Advisory Board - Jan Mehney (exp 7-17-21)
The Resolution is as follows:
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING JAN MEHNEY TO THE MUSEUM ADVISORY BOARD.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 15th day of June, 2021.
The following preamble and resolution were offered by Council Member Feehan and seconded by Council Member Steele.
WHEREAS, the term of office for Jan Mehney on the Museum Advisory Board will expire on July 17, 2021; and
WHEREAS, Jan Mehney has indicated that she is interested in serving another term on the board; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Jan Mehney be reappointed to the Museum Advisory Board with a term to expire on June 15, 2024.
Upon vote for the adoption of said resolution, the vote was:
YEAS: Council Members Jorel Davis, Bonita Steele, Doug Feehan and Bruce Meyers
ABSENT: Mike Scheid
NAYS: None
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 15H DAY OF JUNE, 2021.
Council Member Steele reported that the Zoning Board of Appeals met last night. They approved a Dimensional Non-Use Variance for the property located at 429 Hambrook Street.
Mayor Meyers reported that the Housing Commission is scheduled to meet on Thursday, June 17th.
A. City Manager John Niemela reported on a Special Events Application requesting to hold Vacation Bible School at Central Riverside Park and to suspend the noise ordinance for the event. Moved by Feehan, supported by Steele to approve the request. Motion carried by the following roll call vote:
Yes - All. The Resolution is as follows:
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
APPROVING THE USE OF CENTRAL RIVERSIDE PARK PAVILIONS FOR KIDS WORSHIP CAMP VACATION BIBLE SCHOOL,
AND TO SUSPEND THE NOISE VARIANCE FOR THE EVENTS.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 15th day of June, 2021.
The following preamble and resolution were offered by Council Member Feehan and seconded by Council Member Steele.
WHEREAS, a special event application for July 25 • 29, 2021 has been submitted to the City; and
WHEREAS, the event will be held at the Lions Pavilion on July 25-29, 2021 and other Central Riverside Park pavilions may be used throughout the week in the evenings; and
WHEREAS, Belding Code of Ordinances, Section 24, Article IV Noise Control, Section 34-76 and 34-77 will be suspended for the events.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that permission is granted for the use of Central Riverside Park pavilions for the Kids Worship Camp Vacation Bible School from July 25- 29, 2021, and Belding Code of Ordinances, Section 24, Article IV Noise Control, Section 34-76 and 34-77 will be suspended for the events.
Upon vote for the adoption of said resolution, the vote was:
YEAS: Council Members Jorel Davis, Bonita Steele, Doug Feehan and Bruce Meyers
NAYS: None
ABSENT: Council Member Mike Scheid
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 15TH DAY OF JUNE, 2021.
B. Moved by Feehan, supported by Steele to approve the Special Event Application for the Gus Macker 3 on 3 Basketball Tournament. The event will take place on July 30 and August 1, with some modifications to the layout. The Breimayer lot and Congress Street will not be used; Bridge Street will be blocked off at Congress. Motion carried by the following roll call vote: All - Yes. The Resolution is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
GRANTING PERMISSION TO GUS MACKER FOR THE USE OF CITY STREETS,
BREIMAYER LOT, THE GATHERING PIACE, EAST MALL PARKING LOT
AND A NOISE VARIANCE FOR A 3 - ON - 3 BASKETBALL TOURNAMENT.
The following preamble and resolution were offered by Council Member Feehan and supported by Council Member Steele.
WHEREAS, Gus Macker requests permission from the City of Belding for the use of the following streets, east mall parking lot, Breimayer lot and Gathering Place to run a 3-on-3 basketball tournament on July 31 and August 1, 2021, with closure on Thursday, July 29, 2021 at noon to allow for assembly and staging of backboards:
· Backboards will be set up in the east mall lot on Thursday, July 29 after 5 p.m.
· This set up will allow for a morning game on Friday, July 3 with Macker staff.
· The Gathering Place lot will be used for team registration, Gus Macker retail tent, food concessions, and charitable organizations
· The Breimayer lot will be utilized for Fire and Police Department for parking; and,
WHEREAS, The following streets will need to be closed and/or require barricades for the tournament starting at 12:00 noon on Friday, July 30 to set up courts:
· Bridge Street from Depot to Congress Street with Class Three Barricades at Congress and North of Depot Street.
· Main Street Bridge to Hanover Street with Class Three Barricade for Hanover and Alderman Street.
· Depot Street at west mall entrance off Depot Street east of that intersection with Class Three Barricades
· East mall lot will require barricades at north entrance and at City Hall SW corner of Mall as well as the Fire Department Parking lot.
· City Hall parking lot west of City Hall with barricades for the entrances to the lot.
· Additional stock pile 10 Bar barricades be left at W. Congress and Pleasant Street entrance to lot; and,
WHEREAS, DPW to allow access to the water at the Fire Station using potable water hoses only; and,
WHEREAS, City Bleachers at Main and Bridge Streets and a second set at Depot and Bridge Streets, as well as electrical for the two intersections; and,
WHEREAS, the event will require that Belding Code of Ordinances Section 34 Article IV Noise Control. Section 34-76 and 34-77 be suspended for the event.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that permission is hereby granted to Gus Macker for the use of the fore mentioned city streets and properties and a noise variance for the 3-on-3 basketball tournament on July 31 and August 1, 2021.
AYES: Council Members Jorel Davis, Bonita Steele, Doug Feehan and Bruce Meyers
NAYS: None
ABSENT: Council Member Mike Scheid
This Resolution declared adopted this 15th day of June, 2021.
C. City Manager Niemela talked about the 2020/21 fiscal year's budget. An overage of funds is reflected due to Grants from the State for Covid Relief and a Grant for Fire/Police. Niemela briefly outlined expenses that exceeded the planned budget due to unanticipated expenditures. Moved by Feehan, supported by Steele to approve the amended budget as presented. The motion carried 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
AMENDING THE FISCAL YEAR 2020/21 BUDGET.
The following preamble and resolution were offered by Council Member Feehan and supported by Council Member Steele.
WHEREAS, on the 15th day of June, 2021, the Council of the City of Belding, Michigan adopted its 2020/21 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 2020/21 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 2020/21 Budget be amended pursuant to the attached worksheet.
AYES: Council Members Jorel Davis, Doug Feehan, Bonita Steele and Bruce Meyers
ABSENT: Council Member Mike Scheid
NAYS: None
This Resolution declared adopted this 15th day of June, 2021,
D. The second read took place on the proposed Ordinance to amend Ordinance 452 as amended, of the Code of Ordinances of the City of Belding, Michigan, to Permit LC Holding Company, LLC, An Adult Use Marihuana Grower Facility on property located at 701 Reed Street was briefly addressed by Niemela. Moved by Davis, and supported by Steele to approve the amendment. The Motion passed 3-1 by the following roll call vote:
AYES: Council Members Jorel Davis, Bonita Steele and Bruce Meyers
NAYS: Council Member Doug Feehan
ABSENT: Council Member Mike Scheid
The Amended Ordinance is as follows:
CITY OF BELDING COUNTY OF IONIA
ORDINANCE NO. 452 - A28
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 B-2 (General Business) and I-1 (Industrial) to R-2 (Single Family Residential District) is legally described as:
City of Belding PT N 1/2 SEC 15-8-8 Commencing North 1/4 Corner then North 89°47’59”E 353 feet to Point of Beginning; then north 89°47’59”E 110 feet, then south 00°57’49”west 2657.69 feet, then south 89°52’34”west 1696.67 feet, then north 00°53’05”east 990 feet, then north 89°52’34”east 828.06 feet, then north 00°57’49”east 1306.49 feet, then north 89°47’59”E 400 feet, then north 00°57’49”east 50 feet, then north 89°47’46”east 240 feet, then S00°57’49”west 20 feet then north 89°47’46”east 120 feet, then north 00°57’49”east 330 feet to Point of Beginning.
Location: 1001 West State, Belding, Michigan.
Parcel: 34-401-250-000-317-10
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.
*E. A Regulatory Ordinance to Permit a Marihuana Grow Operation was presented to Council as a first read. Niemela indicated there are two ordinances that need to be amended. The first was to specify where a grow operation will be, and the second one allows an applicant to apply. The proposed Amended Ordinance is as follows:
CITY OF BELDING IONIA COUNTY, MICHIGAN
AN ORDINANCE TO AMEND CHAPTER 58, ARTICLE IX, SECTION 58•179 OF THE CITY OF BELDING CODE OF ORDINANCES
TO ALLOW EIGHT ADDITIONAL ADULT• USE MARIHUANA GROWER LICENSES IN THE CITY OF BELDING
THE CITY OF BELDING ORDAINS:
Section 1. Addition of Section 58-179(c)(i)
Chapter 58, Article IX, Section 58-179(c)(i) of the Code of Ordinances is hereby added. Such section shall read as follows:
(c)(i) Sections 58-179(a)(b) and (c) above notwithstanding, eight additional adult use marihuana grower licenses for not more than 2000 plants for each license shall be permitted, subject to continued compliance with the Michigan Regulation and Taxation of Marihuana Act and upon payment of an annual fee of $5,000 for each grower license, at the location described as follows:
THAT PART OF THE NORTHEAST 1/4 OF SECTION 11, TOWN 8 NORTH, RANGE 8 WEST DESCRIBED AS, BEGINNING AT A POINT ON THE NORTH LINE OF MERRICK ST. SAID POINT BEING NORTH 00 DEG 02' 49" EAST, 1354.13 FEET AND WEST 969.00 FEET FROM THE EAST 1/4 CORNER OF SECTION 11; THENCE WEST, 252.00 FEET TO THE EAST LINE OF THE BELDING LAND AND IMPROVEMENT COMPANY'S ADDITION TO THE CITY OF BELDING; THENCE ALONG SAID EAST LINE NORTH 00 DEG 12' 40" EAST, 462.00 FEET; THENCE EAST 252.00 FEET; THENCE SOUTH 00 DEG 12' 40" WEST, 462.00 FEET TO THE POINT OF BEGINNING, AND ALSO LOTS 132, 133, 134, 165, 166, 167, 168, 169 and 170 OF THE BELDING LAND AND IMPROVEMENT COMPANY'S ADDITION TO THE CITY OF BELDING, AND ALSO THAT PART OF VACATED HOWARD ST. BOUNDED ON THE WEST BY A LINE RUNNING FROM THE SOUTHWEST CORNER OF LOT 134 TO THE NORTHWEST CORNER OF LOT 165 AND ON THE EAST BY A LINE RUNNING FROM THE SOUTHEAST CORNER OF LOT 132 TO THE NORTHEAST CORNER OF LOT 167 ALL IN SAID PLAT, BELDING, IONIA COUNTY, MICHIGAN. (701 Reed Street).
Section 2. Effective Date.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
E. Niemela discussed the Breimayer lot, and that the last meeting held on June 1st was the end of Rite Aid’s contract on the bid to purchase the lot. There was no indication that they would move forward. The City received an offer in February from Bruce Feuerstein to purchase the lot. Niemela received a phone call last week from Rite Aid and they still want to purchase the property and close yet this month. He needs directive from the Council regarding which direction to go with this issue. Davis stated that Feuerstein presented plans for a Splash Pad. DDA Minutes indicated that the lot was reserved for Business. He wondered if Feuerstein's offer was presented to the DDA. Sharon Carlson, DDA Chair was present at the meeting and advised that the DDA didn't make any decisions or directives to City Council. She commented that the Rec Board had other thoughts on the property if it were to be made into a park. Niemela recommended approval of Rite Aid's sale extension. Feuerstein commented on the two-year time frame Rite Aid has already had as well as the possibility that they could wait another five years to build. The City has a higher offer now, from Feuerstein. Davis commented that Rite Aid wanted another month and were supposed to meet with their Board. Davis inquired as to whether a splash pad would generate revenue. He asked if there would be revenue from having a splash pad. Feehan stated that the parking lot would be money generating. Feuerstein plans to build a parking lot and give it back to the City, however, he would buy the equipment and hire someone to install it. The parking lot would be downtown. Feuerstein has made a higher offer and willing to purchase it now. Steele commented on Feuerstein’s lack of parking for his business. Carlson noted that the property has been for sale since around the year 2000. Feehan advised to accept Feuerstein's offer and move on. Feuerstein advised that if he bought the property he would call Rite Aid and sell the property back to them if he can have a parking lot on the south side. Moved by Feehan, supported by Steele to accept Feuerstein's bid with the expectation that he would allow Rite Aid to construct their drugstore and parking lot, with joint decision on layout, giving him the parking lot. Motion died 2 - 2 by the following roll call vote:
AYES: Doug Feehan and Bonita Steele
NAYS: Jorel Davis and Bruce Meyers
ABSENT: Mike Scheid
Moved by Meyers and supported by Davis to accept the offer made by Rite Aid. Motion died 2 - 2 by the following roll call vote:
AYES: Jorel Davis and Bruce Meyers
NAYS: Doug Feehan and Bonita Steele
ABSENT: Mike Scheid
Sam Mason 516 W. Main St., commented on the mall, the proposed parking lot and splash park as well as taxes. He additionally commented on the support that businesses provide to one another.
Niemela reported that Ernie Thomas, DPW Director, will retire on January 22, 2022. They will have a discussion regarding his successor.
The City put out RFP's for the repairs needed to the Depot. Niemela additionally reached out to several contractors. No bids were received. He is considering splitting the bids between roof repair and removal of the chimney and bidding the historic preservation portion separately, as that may be what is holding up the entire process. Niemela advised that we need to move forward as there is a time frame in which funds for the project must be used.
Niemela also apprised the Council Members that he spoke with Carl Olmstead, President of the Belding Shuffleboard Club, regarding the Park Use Agreement he submitted and was recently approved with some conditions at a prior City Council meeting. Olmstead was advised that the City needs a key for access to the courts and signage with contact information is needed.
The City needs a key for the Pickle ball court as well.
Council Member Steele commented on the parks in Carson City. Their parks are monitored and they raise money for their parks. Funding has been received through a grant and by donations from citizens and local businesses.
Council Member Feehan commented on returning to the Depot for meetings. Niemela advised that he plans to resume meetings at the Depot in July.
Council Member Davis commented on the proposed splash pad and its proposed location. He thanked Bruce Feuerstein for his passion and thanked everyone for coming out.
Mayor Meyers commented on the Breimayer lot. He also commented on how much the Council discusses the Mall even though it is not owned by the City. Mayor Meyers noted that the American Legion Riders Veteran's Run will be coming to the Veteran's Park.
Moved by Feehan, supported by Steele to adjourn the meeting at 8:23 p.m. The motion carried by the following roll call vote: Yes - All.
___________________ ___________________
Bruce Meyers, Mayor Shelley Mosher, Acting Clerk