| | | | | | | | | Agenda: Battle Creek City Commission | Meeting Date: | March 9, 2016- 7:00 PM | Location: | Commission Chambers City Hall | Chair: | David A. Walters, Mayor | Title: | Prepared by Shawna Allen |
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| | | | | | | | | Mayor Dave Walters | Rebecca Fleury, City Manager | Commissioner Mark Behnke | Jill Steele, City Attorney | Commissioner Kaytee Faris | Ted Dearing, Assistant City Manager | Commissioner Kate Flores | Ernestor Reyes, Assistant City Manager | Commissioner Lynn Ward Gray | Victoria Houser, City Clerk | Commissioner Andy Helmboldt | Jim Blocker, Police Chief | Commissioner Deb Owens | Steve Hudson, City Assessor | Absent: | Dave Schmaltz, Fire Chief | Vice Mayor Susan Baldwin | | Commissioner Mike Sherzer | |
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| | | | | | | | | The Pledge of Allegiance was led by Comm. Flores. | | | | |
| | | | | | | | | | | March for Meals Month 2016 Proclamation | | | | | | | | | | | |
| | | | | | | | | Mayor Walters proclaimed the month of March 2016 as March for Meals Month. | | | | |
| | | | | | | | | CHAIR NOTES ADDED OR DELETED RESOLUTIONS | | | | |
| | | | | | | | | There were no added or deleted resolutions. | | | | |
| | | | | | | | | PUBLIC COMMENTS REGARDING CONSENT AGENDA | | | | |
| | | | | | | | | Public comment took place. | | | | |
| | | | | | | | | (Limited to three minutes per individual) | | | | |
| | | | | | | | | COMMISSION COMMENT REGARDING MEETING BUSINESS | | | | |
| | | | | | | | | There were no Commission comments. | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | | City Commission Meeting Minutes for the Workshop on February 16, 2016. | | | | | | | | | | | |
| | | | | | | | | | | City Commission Meeting Minutes for the Regular Commission meeting on February 16, 2016. | | | | | | | | | | | |
| | | | | | | | | Petitions, Communications, Reports: | | | |
| | | | | | | | | | | November 2015 Ambulance Report | | | | | | | | | | | |
| | | | | | | | | | | December 2015 Ambulance Report | | | | | | | | | | | |
| | | | | | | | | | | January 2016 Ambulance Report | | | | | | | | | | | |
| | | | | | | | | | | City Manager's Report for March 9, 2016 Commission Meeting | | | | | | | | | | | |
| | | | | | | | | | 73 | A Resolution authorizing a contract for customer service training for City employees with Capodagli Jackson Consulting and Training, in a not to exceed amount of $62,000.00, plus pre-authorized lodging expenses to be paid directly by the City. | Pulled | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 88 | A Resolution adding $9,210 for a revised total not-to-exceed amount of $64,800, plus pre-authorized travel expenses, to correct for a computation error in Resolution #52 dated 1/19/16 for implicit bias study and training for the Police Department. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | PETITIONS COMMUNICATIONS REPORTS | | | |
| | | | | | | | | | | Presentation regarding Meter Read System, by staff member Perry Hart. | | | | | | | | | | | | |
| | | | | | | | | Perry Hart, Utilities Administrator, presented information on the City's Meter Reading Systems. | | | | |
| | | | | | | | | INTRODUCTION OF ORDINANCES | | | |
| | | | | | | | | | 03-2016 | A proposed Ordinance to amend the Battle Creek City Commission Rules of Procedure, Chapter 212.02(X) and (XVII) regarding public comment. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Jeanine Deal, 3508 Capital Ave. SW, commented on public comment time. Don Bradstreet, 224 Beckwith Drive, commented on the ordinance amendment. John Kenefick, 234 South Ave., referenced past meeting minutes. Comm. Gray discussed the recommendations of the City Commission Ethics Policy and Meeting Rules Committee, stating the changes would ensure the smooth operation of the Commission meetings, noting the meetings purpose was to conduct City business. Jill Steele, City Attorney, discussed the Open Meetings Act (OMA), noting meeting minutes were only required to include the date, time and location of the meeting, the members in attendance and those absent, any action taken and the votes taken in support or against, the purpose or purposes for which a closed session is held, and the time of adjournment. Ms. Steele further stated the OMA does not require the record of public comments made a the meeting, only that time be allowed. Ms. Steele stated the video/audio recording of each meeting was preserved for one year. Ms. Steele further stated the Commission meetings are a limited public forum, stating there is no absolute right to free speech, stating the City is allowed to have rules regarding public comment, noting Battle Creek provides more public comment time than most municipalities, noting only one public comment time period is required in the OMA. Comm. Helmboldt clarified public comment would still be allowed prior to the resolutions, the introduction or adoption of ordinances, prior to public hearings and during general public comment before the end of the meeting. Ayes: BEHNKE, FARIS, WALTERS, GRAY, HELMBOLDT, OWENS Nays: FLORES
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 89 | A Resolution to adopt an ordinance to conditionally rezone parcel 4900 W. Dickman Road, pursuant to M.C.L. 125.3405, to allow retail sales of industrial supplies, shoes, safety gear and/or clothing as outlined in the submitted application. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | PUBLIC COMMENTS REGARDING RESOLUTIONS | | | | |
| | | | | | | | | Public comment took place. | | | | |
| | | | | | | | | (Limited to five minutes per individual) | | | | |
| | | | | | | | | | 90 | A Resolution correcting a scrivener error on Resolution 150 of 2014 which approved an Exemption from Taxation Certificate on behalf of Post Foods, LLC, for new personal property located at 275 Cliff Street. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 91 | A Resolution authorizing the City of Battle Creek to jointly apply with the Cereal City Development Corporation for a Class C Liquor License at Binder Park Golf Course. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ted Dearing, Assistant City Manager, stated additional approval from Newton Township would be required for this request to the State. Mr. Dearing stated the intent of this resolution was to increase event options at the Binder Park Golf Course. Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 92 | A Resolution authorizing a contract for a Fire Apparatus from Kodiak Emergency Vehicles, in a not-to-exceed amount of $493,380.00. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Comm. Owens stated she would support the resolution, but that she wanted to recommend the Fire Department consider purchasing two used vehicles that could be retrofitted to provide necessary safety measures, recommending the City look to the Federal surplus program for future vehicles. Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 93 | A Resolution amending the 2015-2016 City Commission schedule adopted at the November 10, 2015, Organizational meeting, to cancel the Tuesday, March 1, 2016, meeting due to a snow emergency, and rescheduling the meeting for Wednesday, March 9, 2016. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | | 94 | A Resolution amending the ''2015 Fee, Bond, and Insurance Schedule'' for the City of Battle Creek. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: MARK BEHNKE
Supported By: KAYTEE FARIS
Ayes: BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS
Absent: BALDWIN, SHERZER
MOTION PASSED
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| | | | | | | | | Public Comment took place. | | | | |
| | | | | | | | | (Limited to three minutes per individual) | | | |
| | | | | | | | | Commission comment took place. | | | | |
| | | | | | | | | Mayor Walters adjourned the meeting at 8:36 pm. | | | | |
| | | | | | | | | Citizens who wish to address a specific issue on the floor may do so after being recognized by the Mayor or presiding Commissioner. At the time for general public comments, after being properly recognized, citizens may address the commission on any subject within the control and jurisdiction of the City of Battle Creek. Citizens will be subject to the following summarized limitations, which are set out fully in ordinance 212.02, Art XVII:
1. Citizen comments on any Resolution before the Commission may be made either before or after the Commissioners have had an opportunity to discuss the Resolution, at the discretion of the Chair;
2. Citizens wishing to speak to a particular Resolution should raise their hands and wait to be recognized before speaking;
3. Before speaking, an individual who has not filled out a comment card disclosing this information, shall identify themselves by name and address and, if appropriate, group affiliation for the record.
4. Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
5. If a citizen becomes repetitive or, in the opinion of the Chair, takes an inordinate amount of time in making comments, that citizen will be ruled out of order and the Commission will continue with its business;
6. Citizens should address all remarks to the Commission as a whole, and not to individual Commissioners. | | | | |
| | | | | | | | | These Rules will apply to comments by citizens during the Public Comment section of the Agenda. The City of Battle Creek will provide necessary, reasonable, auxiliary aids and services, such as signers for the hearing impaired, and audiotapes of printed materials being considered in the meeting, upon seven days' notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aids or services, should contact the City of Battle Creek by writing or calling the following: Victoria Houser
Office of the City Clerk
Post Office Box 1717
Battle Creek, Michigan 49016
269/966-3348 (Voice)
269/966-3348 (TDD) | | | | |
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