City Commission-April 19, 2016

Agenda: Battle Creek City Commission

Meeting Date:April 19, 2016- 7:00 PM
Location:Commission Chambers City Hall
Chair:David A. Walters, Mayor
Title:Prepared by Michelle Kay Redman

INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards
Proclamation for Battle Creek Club of the NANBPW Day
A Proclamation for "Arbor Week" April 25-29,2016
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
PETITIONS COMMUNICATIONS REPORTS
Staff Report by DPW Director Chris Dopp
PUBLIC COMMENTS REGARDING CONSENT AGENDA AND RESOLUTIONS NOT ON CONSENT AGENDA
(Limited to five minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
CONSENT AGENDA
Petitions, Communications, Reports:
City Manager's Report  for April 19, 2016
February 2016 Ambulance Report
March 2016 Ambulance Report
Resolutions:
111

A Resolution appointing a new member to the Westlake/Prairieview Planning Council (NPC #10)

112

A Resolution supporting the rehabilitation of the Michigan Avenue Bridge over the Battle Creek River, the Hamblin Avenue Bridge over the Kalamazoo River, and the Emmett Street Bridge over the CN Railway.

113A Resolution approving a request from River’s Edge Clothing Inc. for an On-Premises Liquor License pursuant to Section 521a(1)b of Public Act 501 of 2006 to be located at 33 N. McCamly Street, Battle Creek, MI 49017.
RESOLUTIONS NOT INCLUDED IN THE CONSENT AGENDA
114A Resolution authorizing the City Manager to sign the Collective Bargaining Agreement between the City of Battle Creek and POLC Non-Supervisory (POLC) for the period of July 1, 2016, through June 30, 2019.Pulled
115A Resolution establishing a revised Battle Creek Transit Title VI policy to ensure equal opportunity in the transportation for all person regardless of race, color, or national origin.
116A Resolution authorizing the City Manager to execute a six (6) year Lease Agreement with one (1) two-year renewal with Kid's Campus, Inc., at the Valentine Center in Irving Park.
117

A Resolution approving the permanent installation of improvements at Leila Arboretum as a result of a donation to the Leila Arboretum Society.

118A Resolution setting a Closed Session on a labor matter on April 19, 2016.Added
GENERAL PUBLIC COMMENT
(Limited to three minutes per individual)
COMMISSION COMMENTS
RECESS
CLOSED SESSION
RETURN FROM RECESS
ADJOURNMENT

It is the desire of the City Commission to encourage public expression in the course of its meetings. Such expression can be integral to the decision-making process of the City Commission. It is the intention of the City Commission to respect the rights of persons addressing the Commission. Public comment periods are a time for citizens to make comments; they are not intended as a forum for debate or to engage in question-answer dialogues with the Commission or staff. Commissioners are encouraged not to directly respond to speakers during public comment periods. At the conclusion of the speakers remarks, the Mayor or individual Commissioners may refer a question to City staff, if appropriate. Also, individual Commissioners may choose to respond to speakers during the Commission Comment period. It is with these aims in mind, so as to promote decorum and civility and an orderly process for conducting its public meetings, that the following rules concerning public comments, consistent with applicable law, are adopted by the City Commission.

         (1)   Persons attending a regular or special Commission Meeting shall be permitted to address the City Commission in conformity with this rule. The opportunity to address the Commission shall be limited to the following:

 

      (a)   Persons desiring to address the City Commission are encouraged, but shall not be required, to fill out and turn in to either the City Clerk, Mayor, or presiding Commissioner, prior to the meeting, a comment card disclosing the following information: The person's name, address, and telephone number; the specific issue, topic or resolution the individual wishes to address.

 

      (b)   During public hearings when scheduled, speakers may present facts and opinions on the specific matter being heard by the Commission. A three-minute time limit is imposed per speaker. In the discretion of the Mayor or presiding officer, the time limit for individual speakers may be lengthened or shortened when appropriate.

 

      (c)  During the consideration of specific ordinances when scheduled, speakers may present facts and opinions on the specific ordinance being considered by the City Commission. Speakers addressing the City Commission during this time shall limit their comments to the specific issue being considered. A three-minute time limit, which may be lengthened or shortened by the Mayor or presiding officer when appropriate, is imposed per speaker, per matter considered.

 

       (d)  During the public comment period on the consent agenda and resolutions not on the consent agenda, each speaker may address the Commission once, regarding anything on the consent agenda and resolutions not on the consent agenda, for a total not to exceed five minutes regardless of how many consent agenda items or regular resolutions the speaker is addressing, which time period may be lengthened or shortened by the Mayor or presiding officer when appropriate.  Period may be lengthened or shortened by the Mayor or presiding officer when appropriate.

 

      (e)   During the General Public Comment portion of the meeting, speakers may address the City Commission on any matter within the control and jurisdiction of the City of Battle Creek. A speaker shall be permitted to address the City Commission once, for up to three minutes, during this portion of the meeting.


         (2)   An individual wishing to address the City Commission shall wait to be recognized by the Mayor or presiding Commissioner before speaking. An individual who has not filled out a card requesting to address the City Commission shall raise his or her hand and wait to be recognized by the Mayor or presiding Commissioner before speaking and shall identify themselves by name and address and, if appropriate, group affiliation for the record.

 

         (3)  Speakers shall address all remarks to the City Commission as a whole, and not to individual Commissioners. Speakers shall not address their remarks to members of the public in attendance at the meeting.

 

         (4)   A speaker will be ruled out-of-order by the Mayor or presiding Commissioner and the Commission will continue with its business when the speaker:


      (a)   Becomes repetitive or speaks longer than the allotted time;

 

      (b)   Attempts to yield any unused portion of time to other speakers;

 

      (c)   Engages in a personal attack upon a city employee, administrator or Commissioner only if the personal attack is totally unrelated to the manner in which the employee, administrator or Commissioner carries out his or her public duties or office;

 

      (d)   Uses obscene or profane language;

 

      (e)   Engages in slanderous or defamatory speech;

 

      (f)   Uses derogatory racial, sexual or ethnic slurs or epithets relating to any individual or category of persons; or

 

      (g)   Engages in conduct that interrupts or disrupts the meeting.

Agenda: Battle Creek City Commission

Meeting Date:April 19, 2016- 7:00 PM
Location:Commission Chambers City Hall
Chair:David A. Walters, Mayor
Title:Prepared by Michelle Kay Redman

ATTENDANCE
Mayor Dave Walters Rebecca Fleury, City Manager
Vice Mayor Susan Baldwin Jill Steele, City Attorney
Commissioner Mark Behnke Ted Dearing, Assistant City Manager
Commissioner Kaytee FarisErnesto Reyes,Assistant City Manager
Commissioner Kate Flores Victoria Houser, City Clerk
Commissioner Lynn Ward Gray   Jim Blocker, Police Chief
Commissioner Andy HelmboldtChris Dopp, Director of DPW
Commissioner Deb OwensKevin Smith, Recreations Operations Superintendent
Commissioner Mike SherzerRich Werner, Transit Manager
Donna Hutchison, Transit Grants Administrator
 Nancy Mullett, Labor Attorney
 Andrew Michalowski, DPW Records Manager

INVOCATION
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Comm. Faris.
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards
Mayor Walters presented the Beautiful Battle Creek awards.
Proclamation for Battle Creek Club of the NANBPW Day

Mayor Walters presented a proclamation to the Battle Creek Club of the NANBPW Day.

A Proclamation for "Arbor Week" April 25-29,2016

Mayor Walters proclaimed the week of April 25th through April 29th Arbor Week.

 

Phil Lahr accepted the proclamation, informing everyone of planned events for Arbor Week.

CHAIR NOTES ADDED OR DELETED RESOLUTIONS
Clerk Houser noted resolutions #109 and  #114 were pulled from the agenda.
PETITIONS COMMUNICATIONS REPORTS
Staff Report by DPW Director Chris Dopp

Chris Dopp, Director of Department of Public Works, introduced Andrew Michalowski, DPW Records Manager, to provide a presentation on the DPW GIS system.  Mr. Dopp expressed pride in the City's records management system, stating it offers more benefits than GIS systems of other comparable or larger cities.

 

Mr. Michalowski provided a power point presentation to the Commission and the audience.

 

Comm. Helmboldt asked about the GIS system's back up storage incase of emergencies.

 

Mr. Dopp stated the information was secured on a large server housed at the airport.

 

Comm. Baldwin asked if the GIS system could be used during the budgeting process.

 

Mr. Michalowski stated they currently use the system for some of their budget tracking, but would like to continue work to allow better tracking of costs, not just labor and materials, but to include benefits, to get a true cost record.

 

Mr. Dopp stated DPW is currently using the GIS system when establishing rates for the Fee, Bond and Insurance Schedule.

 

Mr. Michalowski discussed the future goal of televising all of the City's underground pipes every 10 years to determine the condition of the pipes and future maintenance needs.  Mr. Michalowski noted Red Zone was currently televising City sewer pipes for a mapping project.

 

Comm. Faris asked if the system had the search capabilities to monitor items incase of recall.

 

Mr. Michalowski confirmed the system did have the necessary search capabilities, but they were still working on building up all of the information records.

PUBLIC COMMENTS REGARDING CONSENT AGENDA AND RESOLUTIONS NOT ON CONSENT AGENDA

Reece Adkins, 16 1/2 Jericho, commenting on resolution 115, expressed his support of Transit.

 

David Moore, 102 Taylor Avenue, also commenting on resolution 115, encouraged the City to continue to support and improve service. 

(Limited to three minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
There were no Commission comments.
CONSENT AGENDA
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

CONSENT RESOLUTIONS
111

A Resolution appointing a new member to the Westlake/Prairieview Planning Council (NPC #10)

Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

112

A Resolution supporting the rehabilitation of the Michigan Avenue Bridge over the Battle Creek River, the Hamblin Avenue Bridge over the Kalamazoo River, and the Emmett Street Bridge over the CN Railway.

Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

113A Resolution approving a request from River’s Edge Clothing Inc. for an On-Premises Liquor License pursuant to Section 521a(1)b of Public Act 501 of 2006 to be located at 33 N. McCamly Street, Battle Creek, MI 49017.
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

RESOLUTIONS NOT INCLUDED IN THE CONSENT AGENDA
114A Resolution authorizing the City Manager to sign the Collective Bargaining Agreement between the City of Battle Creek and POLC Non-Supervisory (POLC) for the period of July 1, 2016, through June 30, 2019.Pulled
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

115A Resolution establishing a revised Battle Creek Transit Title VI policy to ensure equal opportunity in the transportation for all person regardless of race, color, or national origin.
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

116A Resolution authorizing the City Manager to execute a six (6) year Lease Agreement with one (1) two-year renewal with Kid's Campus, Inc., at the Valentine Center in Irving Park.
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS



MOTION PASSED

117

A Resolution approving the permanent installation of improvements at Leila Arboretum as a result of a donation to the Leila Arboretum Society.

Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

118A Resolution setting a Closed Session on a labor matter on April 19, 2016.Added
Motion to Approve
Moved By: MIKE SHERZER
Supported By: DEB OWENS


Ayes: BALDWIN, BEHNKE, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER



MOTION PASSED

109

A Resolution affirming the denial of a Used Motor Vehicle Sales Lot application for Blessings, LLC.

Motion to
Moved By:
Supported By:

POSTPONED




MOTION

GENERAL PUBLIC COMMENT

Autumn Smith commented on the proposed redesign of the first floor of City Hall.

 

David Moore, 102 Taylor Avenue, commented on a recent Battle Creek Public School meeting regarding the closing of two elementary schools.

 

Jeanine Deal, 3508 Capital Avenue SW, requested the City pass a resolution allowing residents to opt out of  utility smart meters. 

 

John Kenefick, 324 South Avenue, commented on a visit to his former high school and the proposed Police facilities.

 

 

(Limited to three minutes per individual)
COMMISSION COMMENTS
Comm. Gray congratulated upcoming seniors, encouraging them to register to vote.  Comm. Gray also announced the Annual Keeping You Informed Town Hall meeting on May 31, 2016 at Ann J Kellogg school from 6:30 to 8:00 pm.  Comm. Gray discussed a nationwide movement to wear orange as a celebration of life on June 2nd, National Gun Violence Awareness Day.  Comm. Gray announce they were extending the application deadline for the Youth Advisory Board.
RECESS
Commission recessed for Closed Session at 8:25 pm.
CLOSED SESSION
RETURN FROM RECESS
Commission returned from recess at 9:06 pm.
ADJOURNMENT
Mayor Walters adjourned the meeting at 9:08 pm.

It is the desire of the City Commission to encourage public expression in the course of its meetings. Such expression can be integral to the decision-making process of the City Commission. It is the intention of the City Commission to respect the rights of persons addressing the Commission. Public comment periods are a time for citizens to make comments; they are not intended as a forum for debate or to engage in question-answer dialogues with the Commission or staff. Commissioners are encouraged not to directly respond to speakers during public comment periods. At the conclusion of the speakers remarks, the Mayor or individual Commissioners may refer a question to City staff, if appropriate. Also, individual Commissioners may choose to respond to speakers during the Commission Comment period. It is with these aims in mind, so as to promote decorum and civility and an orderly process for conducting its public meetings, that the following rules concerning public comments, consistent with applicable law, are adopted by the City Commission.

         (1)   Persons attending a regular or special Commission Meeting shall be permitted to address the City Commission in conformity with this rule. The opportunity to address the Commission shall be limited to the following:

 

      (a)   Persons desiring to address the City Commission are encouraged, but shall not be required, to fill out and turn in to either the City Clerk, Mayor, or presiding Commissioner, prior to the meeting, a comment card disclosing the following information: The person's name, address, and telephone number; the specific issue, topic or resolution the individual wishes to address.

 

      (b)   During public hearings when scheduled, speakers may present facts and opinions on the specific matter being heard by the Commission. A three-minute time limit is imposed per speaker. In the discretion of the Mayor or presiding officer, the time limit for individual speakers may be lengthened or shortened when appropriate.

 

      (c)  During the consideration of specific ordinances when scheduled, speakers may present facts and opinions on the specific ordinance being considered by the City Commission. Speakers addressing the City Commission during this time shall limit their comments to the specific issue being considered. A three-minute time limit, which may be lengthened or shortened by the Mayor or presiding officer when appropriate, is imposed per speaker, per matter considered.

 

       (d)  During the public comment period on the consent agenda and resolutions not on the consent agenda, each speaker may address the Commission once, regarding anything on the consent agenda and resolutions not on the consent agenda, for a total not to exceed five minutes regardless of how many consent agenda items or regular resolutions the speaker is addressing, which time period may be lengthened or shortened by the Mayor or presiding officer when appropriate.  Period may be lengthened or shortened by the Mayor or presiding officer when appropriate.

 

      (e)   During the General Public Comment portion of the meeting, speakers may address the City Commission on any matter within the control and jurisdiction of the City of Battle Creek. A speaker shall be permitted to address the City Commission once, for up to three minutes, during this portion of the meeting.


         (2)   An individual wishing to address the City Commission shall wait to be recognized by the Mayor or presiding Commissioner before speaking. An individual who has not filled out a card requesting to address the City Commission shall raise his or her hand and wait to be recognized by the Mayor or presiding Commissioner before speaking and shall identify themselves by name and address and, if appropriate, group affiliation for the record.

 

         (3)  Speakers shall address all remarks to the City Commission as a whole, and not to individual Commissioners. Speakers shall not address their remarks to members of the public in attendance at the meeting.

 

         (4)   A speaker will be ruled out-of-order by the Mayor or presiding Commissioner and the Commission will continue with its business when the speaker:


      (a)   Becomes repetitive or speaks longer than the allotted time;

 

      (b)   Attempts to yield any unused portion of time to other speakers;

 

      (c)   Engages in a personal attack upon a city employee, administrator or Commissioner only if the personal attack is totally unrelated to the manner in which the employee, administrator or Commissioner carries out his or her public duties or office;

 

      (d)   Uses obscene or profane language;

 

      (e)   Engages in slanderous or defamatory speech;

 

      (f)   Uses derogatory racial, sexual or ethnic slurs or epithets relating to any individual or category of persons; or

 

      (g)   Engages in conduct that interrupts or disrupts the meeting.