REGULAR MINUTES
CITY COUNCIL MEETING
TUESDAY, September 21, 2021
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 the Pere Marquette Depot, 100 Depot Street at 7:00 p.m. on Tuesday, September 21, 2021.
Mayor Bruce Meyers called the meeting to order at 7:00 p.m.
Councilmember Mike Scheid gave the Invocation.
Mayor Meyers led the Pledge of Allegiance.
The City Clerk, Janae Cooper took the roll call:
Members present: Jorel Davis, Bonita Steele, Mike Scheid, and Bruce Meyers
Members absent: None
Mayor Meyers noted the following addition to the Agenda: Add Item E. Street Closure for Veterans Memorial Park under New Business. Moved by Scheid, seconded by Steele to approve the Amended Agenda. Motion carried by the following roll call vote: Yes - All.
Moved by Scheid, seconded by Davis to approve the Consent Agenda as presented. Motion carried by the following roll call vote: yes – all. The Resolutions are as follows in Items C, D, E and F below.
A. Approve Independent Bank Checks 76805 to 76871 in the amount of $50,893.18
B. Approve Minutes: Regular scheduled meeting, September 7, 2021
C. Reappointment – Museum Advisory Board – Bruce Feuerstein
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING BRUCE FEUERSTEIN 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 21st day of September, 2021.
WHEREAS, the term of office for Bruce Feuerstein on the Museum Advisory Board will expire on October 2, 2021; and
WHEREAS, Bruce Feuerstein has indicated that he 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 Bruce Feuerstein be reappointed to the Museum Advisory Board with a term to expire on September 21, 2024.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER 21, 2021.
D. Reappointment – Planning Commission – John LaClear
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING JOHN LACLEAR TO THE PLANNING COMMISSION.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 21st day of September, 2021.
WHEREAS, the term of office for John LaClear on the Planning Commission will expire on October 2, 2021; and
WHEREAS, John LaClear has indicated that he 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 John LaClear be reappointed to the Planning Commission with a term to expire on September 21, 2024.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER, 2021.
E. Reappointment – ZBA – John LaClear
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
REAPPOINTING JOHN LACLEAR TO THE ZONING BOARD OF APPEALS (ZBA).
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 21st day of September, 2021.
WHEREAS, the term of office for John LaClear on the ZBA will expire on October 2, 2021; and
WHEREAS, John LaClear has indicated that he 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 John LaClear be reappointed to the ZBA with a term to expire on September 21, 2024.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER 21, 2021.
F. Belding Band Invitational
CITY OF BELDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING THE BELDING POLICE DEPARTMENT TO PROVIDE TRAFFIC CONTROL ON HALL STREET DURING BAND MOVEMENTS FOR THE BELDING BAND INVITATIONAL.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, was held in said City on the 21st day of September, 2021.
WHEREAS, the Belding High School is sponsoring the Belding Band Invitational at Rudness Field on Saturday, October 9, 2021 from 8 a.m. to 11 p.m.; and
WHEREAS, a request was received for the police to provide traffic control on Hall Street during band movements with only temporary interruptions as the bands move from the staging areas at the high school campus and middle school campus to Rudness Field; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,
Michigan that the police are authorized to provide traffic control on Hall Street during band movements with only temporary interruptions as the bands move from the staging areas at the high school campus and middle school campus to Rudness Field for the Belding High School Band Competition on Saturday, October 9, 2021 from 8 a.m. to 11 p.m.
RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER, 2021.
Mayor Meyers reported that the Housing Commission had a busy meeting on September 16th. Items of discussion were reviewing/approving their normal reports, an update that the final payment has been made on the RAD Conversion, a work session was held for their 20-Year Work Schedule, and a new fee accountant is in place due to the passing of the prior individual.
A. Moved by Scheid, seconded by Davis to approve the requested Zoning Map Amendment to 1331 W. State Street. Motion carried by the following roll call vote: yes -all. The Amendment to the Zoning Map is as follows:
CITY OF BELDING
IONIA COUNTY, MICHIGAN
AN ORDINANCE TO AMEND ORDINANCE NO. 452-A20 TO DELETE SECTION 2. I AND J.
THE CITY OF BELDING ORDAINS:
Section 1.
Ordinance No. 452-A20 is amended as follows:
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. "Medical 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 medical 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 medical 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 medical 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 medical
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.
Section 2.
This ordinance shall become effective 10 days after publication in a newspaper of general circulation in the City of Belding.
ORDINANCE DECLARED ADOPTED.
B. Moved by Scheid, seconded by Davis to approve the Declaration of City Owned Property as Surplus. 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 DECLARING CITY-OWNED PROPERTY AS SURPLUS PROPERTY
A regular meeting of the City Council of the city of Belding, County of Ionia, Michigan was held in said City on the 21st day of September, 2021.
WHEREAS, Section 2.392 of Chapter 2 of the Code of the City of Belding states that City Council may declare city-owned property that is no longer needed as surplus; and,
WHEREAS, the surplus property may be sold through an online bid process.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City-owned property listed below be declared as surplus and sold through an online bid process:
· Engine 4 (1994 Spartan/Quality) rescue pumper. Serial Number 73119
· Engine 3 (1993 International/Wolverine) pumper tanker VIN Number 1HTGKA6R2NH438924
· (2) portable pumps (hale)
· Aged extrication equipment: cutter, spreader, hoses, reels, power unit
· box fans
· manilla rope
RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER, 2021.
C. Moved by Scheid, seconded by Steele to approve the Lightning Bend Grant Resolution Amendment. 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 SUPPORTING AND APPROVING THE SUBMITTAL OF A MICHIGAN NATURAL RESOURCES TRUST FUND (MNRTF) GRANT APPLICATION FOR THE PHASE 1 IMPROVEMENTS PROJECT.
A regular meeting of the City Council of the City of Belding, County of Ionia, Michigan was held in said City on the 21st day of September, 2021.
WHEREAS, the Belding Community Recreation Advisory Board has adopted a Five-Year Community Recreation Plan; and
WHEREAS, major components of the Phase 1 Improvements Project are improvements to the existing park trail head off Merrick Street, development of a neighborhood scale trail head off of Gooding Street, the creation of a non-motorized trail connection to both park trail heads and the Flat River, and upgrades to the existing 18-hole disc golf course known a SMASH Park; and
WHEREAS, this resolution is an update to Resolution No. 2021-02-06 which identified local match funding by City and private/foundational sources. The DNR requires documented sources of match funding for this grant application. The funds identified from private sources have not been secured, therefore, the City of Belding will commit dollars in place of previously identified private/foundational funding as the documented source of match funding for this grant application.
WHEREAS, the City of Belding has made a financial commitment to the project in the amount of $130,000 matching funds in cash and/or in-kind; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Belding hereby Authorizes the submission of the application to the Michigan Natural Resources Trust Fund for a grant for $300,000, and further resolves to make available a local match through financial commitment and donations of $130,000 (30%) of a total $430,000 project cost.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER, 2021.
D. Moved by Scheid, seconded by Davis to approve the Fleis & Vandenbrink - Hydrogeological Study Work Plan at WWTP. 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 ACCEPTING THE PROPOSAL SUBMITTED BY FLEIS & VANDENBRINK TO CONDUCT A HYDROGEOLOGICAL STUDY AT THE WASTE WATER TREATMENT PLANT (WWTP).
At a regular meeting of the City Council of the City of Belding, County of Ionia, Michigan, held in said City on the 21st day of September 2021.
WHEREAS, the Department of Environment Great Lakes and Energy (EGLE) requested, as a follow up to elevated PFAS levels in two of the monitoring wells at the WWTP, the City conduct a Hydrogeological study; and,
WHEREAS, Fleis & Vandenbrink has a prepared a Scope of Services to provide professional engineering services to conduct the Hydrogeological study consistent with EGLEs request, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that we accept the proposal a from Fleis & Vandenbrink to conduct a Hydrogeological study at the WWTP in the amount of $62,700.
BE IT FURTHER RESOLVED by the City Council of the City of Belding,
Michigan that the mayor be authorized to execute the document.
RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 21ST DAY OF SEPTEMBER, 2021.
E. Holly Noble, 1225 7 Mile Road, verbally requested a street closure to take place on October 2nd from 7 a.m. to 3 p.m. for a car show for the Veterans Memorial Park. Motion carried by the following roll call vote: yes – all.
City Manager Comments
City Manager John Niemela reported that the Rec Board met last week and discussed updates and expectations to the Rec Plan. Some public meetings and focus groups are planned. Final approval of the updated Rec Plan is anticipated in December. The grant for Lightning Bend was also discussed.
Davis commented on the point structure of the Lightning Bend grant application.
Moved by Davis seconded by Steele to hold a Special City Council Meeting on Thursday, September 23, 2021 at 7:00 p.m. for Executive Search presentation by Michigan Municipal League (MML). Motion carried 3-1 by the following roll call vote: Yes – Steele, Davis and Meyers. No – Scheid.
Steele commented that no city meetings should take place in a building that the public cannot attend.
Scheid commented on holding meetings to make them accessible to everyone.
Davis added thank you’s to LaClear and Feuerstein for their work on the boards they were reappointed to.
Mayor Meyers thanked LaClear and Feuerstein as well as everyone who donates time to the City. He thanked Holly Noble for her work on the Veteran’s Park. Mayor Meyers noted that Dial-A-Ride has three new buses approved and he thanked Fleis & Vandenbrink for their presentation.
Mayor Meyers announced a brief recess 7:45 p.m. to move into Closed Session noting the Attorney/Client Privilege exemption. Motion carried by the following roll call vote: yes – all.
Back on the record at 8:10 p.m.
A. Lawsuit Settlement – Moved by Davis, seconded by Steele to approve the settlement between Curtis Haney and the City of Belding. Motion carried by the following roll call vote: yes – all.
Moved by Scheid, seconded by Steele to adjourn the meeting at 8:12 p.m. Motion carried by the following roll call vote: yes – all.
_______________________________ _______________________________
Bruce Meyers, Mayor Janae K. Cooper, City Clerk