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Agenda: Battle Creek City Commission
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Meeting Date:
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April 15 2014- 7:00 PM
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Location:
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Commission Chambers City Hall
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Chair:
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David A. Walters, Mayor
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Title:
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Prepared by Michelle Redman
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Mayor Dave Walters
Vice Mayor Deb Owens
Commissioner Susan Baldwin
Commissioner Mark Behnke
Commissioner Jeff Domenico
Commmisisoner Lynn Gray
Commissioner Andy Helmboldt
Commissioner Dean Newsome
Commissioiner Mike Sherzer
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Susan Bedsole, Interim City Manager
Jill Steele, City Attorney
Victoria Houser, City Clerk
Linda Morrison, Interim Assistant City Manager
Jim Blocker, Interim Police Chief
Chris Dopp, City Engineer
Ken Kohs, Utilities Director
Christine Hilton, Planning Supervisor
Jeff Hovarter, Prks & Recreation Director |
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The Pledge of Allegiance was led by Interim City Manager Susan Bedsole. |
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Beautiful Battle Creek Award |
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Mayor Walters presented the Beautiful Battle Creek Awards. |
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A Proclamation proclaiming the week of April 21 - 25, 2014, as "Arbor Week".
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Mayor Walters proclaimed the week of April 21 - 25, 2014 as National Arbor Week, a 142 year legacy.
Phil Lahr accepted the proclamation and informed everyone of local events celebrating Arbor Week. |
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A Proclamation proclaiming the month of April 2014 as, "Sexual Assault Awareness Month."
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Mayor Walters presented the proclamation designating the month of April 2014 as Sexual Assault Awareness Month.
Joyce Segal, Bronson Battle Creek, expressed appreciation to the Commission and the City, anouncing local events throughout the month of April recognizing Sexual Assualt Awareness Month. |
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Mayor Walters recognized Commissioner Susan Baldwin's years of dedication to the Commission and the community. |
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CHAIR NOTES ADDED OR DELETED RESOLUTIONS |
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Resolution # 138 was added. |
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PUBLIC COMMENTS REGARDING CONSENT AGENDA |
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There were no public comments. |
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(Limited to three minutes per individual) |
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COMMISSION COMMENT REGARDING MEETING BUSINESS |
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There were no Commission comments. |
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Motion to Approve Motion
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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City Manager Search Committee Minutes March 7, 2014 |
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Bicycle Advisory Committee Minutes March 20, 2014 |
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City Commission Minutes April 1, 2014. |
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Petitions, Communications, Reports: |
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Ambulance Report February 2014 |
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City Manager's Report April 15, 2014 |
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118 Amended |
A Resolution appointing new members to the Fremont/McKinley/Verona Neighborhood Planning Council (NPC #4).
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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124 |
A Resolution authorizing the sale of vacant, tax-reverted property.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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125 |
A Resolution authorizing a change order for demolition from Pitsch Co. in a not-to-exceed amount of $16,000.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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126 |
A Resolution establishing and appointing City of Battle Creek representatives to the Calhoun Public Safety Information Alliance.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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127 |
A Resolution reappointing members to the Lakeview Downtown Development Authority Board.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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128 |
A Resolution setting a Public Hearing for 7:00 PM, May 6, 2014, on a proposed exemption from taxation on new personal property at the request of Post Foods, LLC, for personal property located at 275 Cliff Street in Industrial Development District No. 21.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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PETITIONS COMMUNICATIONS REPORTS |
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There were no petitions, communications or reports. |
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129 |
A Resolution approving the final PURD plan for Keystone Lake to allow the addition of four buildings (28 units) on Parcels #0622-30-102-0, 0072-00-505-0, as approved by Resolution 224 on September 17, 2013.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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130 |
A Resolution accepting the lowest responsive, responsible bid for Clark Road Widening from Hoffman Bros., Inc., in an estimated amount of $707,820.52, with unit prices prevailing.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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131 |
A Resolution accepting the lowest responsive, responsible bid for 2014 Hot In Place Treatment from Gallagher Asphalt Corporation in an estimated amount of $282,351.25, with unit prices prevailing.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
David Moore expressed his concern the material used for this process may not be safe.
John Hennick, 36 Orchard, requested an explanantion of the process.
Chris Dopp, City Engineer, stated this process is increasing in use across the country, noting the City of Battle Creek started using this process in 2008. Mr. Dopp stated the existing road must be at least 3 inches thick, stating they first heat up the road surface, then rake the material, picking it up with a conveyer belt, next mixing the material, then moving to the paving machine, after which the rollers recompact the surface. Mr. Dopp stated this entire process occurs within 30 minutes, stating it is done on site, reducing the need for trucking the material, resulting in lower emissions. Mr. Dopp also noted the road is ready to be driven on in an hour, stating the process is a significanly lower cost than new asphalt.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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132 |
A Resolution accepting the lowest responsive, responsible bid for 2014 Resurfacing and Sidewalk Program from Lakeland Asphalt Corp. in the estimated amount of $1,456,273.77, with unit prices prevailing.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Comm. Behnke thanked the City Engineer and adminstration for the care they take with our streets, noting the improved process saves City funds, while providing better results, stating street maintenance is one of the City's top responsibilities.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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133 |
A Resolution to establish monthly residential refuse rates effective 4/1/14.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Autumn Smith, 9 Birchwood, questioned the rate of 2.7% instead of 2.5% for the contract extension.
David Moore expressed concern of the fairness of charging the same rate to residents that do not put out much refuse compared to others who put out large amounts.
Ken Kohs, Utilities Director, stated the rates are reflective of Waste Management's rates for previous 2 year extensions. Mr. Kohs also informed the Commission of a discount available to senior and handicap residents, stating they could talk with the Water Billing Department for the discount.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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134 |
A Resolution accepting the lowest responsive, responsible bid for Wastewater Treatment Plant Electrical Equipment Installation from Motor Shop Electrical Construction Co. in an estimated amount of amount of $729,459.00, with unit prices prevailing.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Dennis Ridenour, Airport Lighting Employee Owned, LLC, questioned why his company was not awarded the bid as it was the lowest bid, noting it was $98,000 lower than Motor Shop Electrical.
Mr. Kohs stated that according to the City's Purchasing policy, Motor Shop Electrical provided the lowest responsive responsible bid.
Susan Bedsole, Interim City Manager, noted bids are not awarded on cost determination only, noting other factors are considered when determining if a company is responsive and responsible.
Comm. Baldwin asked for an explanation of the memo regarding Airport Lighting and the federal debarment of closely associated businesses.
Chris Huff, Purchasing Agent, stated that IBEW contacted several Commissioners regarding concerns with Airport Lighting Employee Owned. Ms. Huff further stated that upon investigation, a JR Howell who was involved with a previous company named Airport Lighting, LLC had an MDOT exclusion due to submission of a falsified invoice, and a federal exclusion for prevailing wage violations. Ms. Huff stated Airport Lighting was formed in 2005, then Airport Lighting Employee Owned was formed in 2011, stating that although JR Howell was not officially involved with the 2011 company, MDOT believed he was still involved enough that they would not qualify them for their job. Ms. Huff informed the Commission that the same company principals formed Michigan State Electrical, LLC, in 2012, noting the company names continued to change, but the same people were involved, and based on MDOT and the federal government not working with them due to prevailing wage violations, noting this is a prevailing wage job, the City deemed Airport Lighting Employee Owned was non-responsible.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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135 |
A Resolution accepting the lowest responsive, responsible bid for Wastewater Treatment Plant Solids Handling Building from L.D. Docsa & Associates, Inc., in an estimated amount of amount of $1,800,400.00, with unit prices prevailing.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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136 |
A Resolution accepting the lowest responsive, responsible bid for Bailey Park Lighting from Windemuller Electric, Inc. in a not-to-exceed amount of $185,670.00.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
David Moore stated he did support the improvements at Bailey Park, asking if business entities would be paying part of the costs.
Comm. Domenico expressed his support of the resolution, stating improvements to Bailey Park brought athletic events and visitors to the area, which brings additional revenue to the City.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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137 |
A Resolution accepting the proposal from Beacon Community and Project 20/20 to gather public input for the City Manager Search.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Autumn Smith expressed concern the Beacon Community and Project 20/20 representatives may influence the process, questioning the organizations' motives.
Kaytee Faris, 25 Fremont Street, expressed her support of the Beacon Community and Project 20/20, stating they would only be facilitating the conversations, not coaxing or guiding them.
Comm. Newsome stated the Beacon Community and Project 20/20 facilitated many other community conversations, stating the City Manager Search Committee screened and vetted the organization, asking the Commission and the community to trust the committee in the process.
Comm. Behnke expressed his support for the resolution, stating the Beacon Community and Project 20/20 demonstrated positive attributes, thanking them for stepping up to help in the process.
Comm. Domenico noted the City Manager Search Committee approached Project 20/20 to assist with the input sessions, asking if waiting for their results would extend the time for the search. Comm. Domenico also asked how the feed back would be weighted, including staff comments and concerns, noting that Peter Dams cautioned the committee to not focus only on administrative performance, but the candidates' ability to work with staff.
Comm. Newsome stated the community conversations would not cause additional time, stating the conversations would still allow the Committee to complete the search within the original six month time frame, noting several aspects of the search would be done simultaneously.
Comm. Baldwin stated that in addition to the community conversations, the Committee would be using surveys on the City website, through social media and in water billings to gather input from everyone. Comm. Baldwin stated they would be looking at all information received, including how many participants and how many survey questions were returned. Comm. Baldwin stated they would be encouraging input from both represented and non-represented staff, stating everyone's input was important.
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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138 Added |
A Resolution setting a Closed Session of the City Commission on a legal matter.
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Motion to Approve
Moved By: MICHAEL SHERZER
Supported By: DEB OWENS
Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, NEWSOME, OWENS, SHERZER, WALTERS.
MOTION PASSED
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Tom Cape, 3175 Beckley Road, requested approval from the Commission, allowing him to have his property be placed into the Battle Creek School District instead of Lakeview Public Schools, stating the property taxes are much less than Lakeview's.
Mark Melkins, 85 Stringham Road, stated he is being evicted from River Apts, stating the apartments need to be tested for black mold, asking why the Code Compliance Department does not test rental property for black mold, which has made him very ill.
Autumn Smith, 9 Birchwood, presented a video of an excessive force case involving the Battle Creek Police Department, stating the officer should be charged.
Ross Simpson, Clara's on the River, read a statement to the Commission regarding the proposed food truck vending ordinance in the Central Business district, asking they consider the consequences to the downtown businesses. Mr. Simpson expressed his displeasure with the manner in which the round table discussions were held, stating the City should hold more meetings with businesses before reaching a decision.
Greg Gauss, 100 Minges Road, discussed his consulting services, requesting the Commission consider using his service. Mr. Gauss stated he helps to connect government with grant funders to provide opportunities to fund projects.
Mary Ann Angelo, owner Barista Blues, completed Mr. Simpson's statement, asking the Commission to consider the current businesses in the downtown area while discussing a change to the ordinance allowing food trucks downtown, stating this would be very detrimental to the current businesses.
David Moore expressed his support of food trucks, stating he likes that they will provide more choices and less costs, stating he does not feel they will hurt the downtown restaurants.
David Sarachick, 201 Winter St, stated Deputy Chief Saylor and Inspector Alonso should have know the rules of professional conduct, expressing his concern their actions will cause the City to hire an outside law firm, resulting in additional costs. Mr. Sarachick also discussed his court date due to the tickets he received for using his quad to plow neighbors' sidewalks, noting Assistant City Attorney Wright was not willing to dismiss the tickets.
Kaytee Faris, 25 Fremont, invited everyone to the NPC #4 meeting at St Paul Evangelical Church at 7:00 pm, Wednesday, April 16, 2014, noting guest speaker Elizabeth Newmire would be in attendance. Ms. Faris also reminded everyone that the Commission meetings were being broadcast into homes, possibly in view of young children, asking everyone for better decorum and less profanity.
Robert Whitfield, 115 Morgan Ave W, expressed his appreciation the City was repaving several City roads. Mr. Whitfield requested the Commission look for more competitive pricing for the City's refuse services. Mr. Whitfield also said that he did not understand why a company that bid $98,000 less than another company was not awarded the bid. Mr. Whitfield also recommended the Commissioners attend all of the NPC meetings to receive input regarding a new City Manager and Police Chief.
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(Limited to three minutes per individual) |
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Comm. Gray announced the Youth Advisory Board would be taking applications until April 21, 2014, encouraging youths to go to the City website for applications. Comm. Gray also announced the next Ethics Policy and Meeting Rules Committee to be held on Tuesday, May 13, 2014, noting the previous meeting included discussions on profanity during meetings, free speech, addressing the chair, meeting cancellations, leaving before meeting conclusion, meeting pay, and the public comment 3 minute rule. Comm. Gray encouraged everyone to contact a Commissioner if they would like any other topics discussed. Comm. Gray also requested, on behalf of a resident, an update on the Police Chief search.
Ms. Bedsole stated 28 applications were received, noting they would be reviewed and evaluated by I/O Solutions, the firm conducting the search. Ms. Bedsole stated the next step would be to complete phone interviews with the candidates, providing a determination of the candidates that will move forward to the assessment center by the end of April. Ms. Bedsole stated the Assessment Center will put the candidates through a series of exercises, then the top 3-4 candidates' names will be provided to the City, at which point community engagement and input sessions will be scheduled to meet the candidates. Ms. Bedsole stated the City would then schedule interviews with the finalists, then selecting the final candidate.
Comm. Domenico asked if the City had jurisdiction over school district lines.
Ms. Bedsole noted the City cannot change school district lines, stating she has directed Mr. Cape to speak to both school superintendents or the Calhoun County Intermediate School District for discussion and approval.
Comm. Domenico thanked Ms. Smith for the work she has done and her dedication to informing the public.
Comm. Sherzer stated the Commission recognizes the issues in the Police Department, asking residents to recognize the difference in the past and the future, noting the City is making positive changes, moving the department forward, acknowledging the department today is not the same as the department of the past.
Comm. Helmboldt stated he has been to dozens of Project 20/20 and Beacon Community conversations, stating he is proud of the work they have done to move community conversations forward.
Comm. Sherzer stated he contacted all of the NPCs asking if they were interested in hosting a community conversation, stating several have volunteered, if not by NPC, but by ward.
Comm. Behnke mentioned the improvements the State of Michigan has made on BL 94, asking the city to help to spruce up the area by taking care of the underbrush and weeds, stating he understands there are costs to do this. |
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Mayor Walters adjourned the meeting at 8:37 pm. |
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Citizens who wish to address a specific issue on the floor may do so at any time after being recognized by the Mayor or presiding Commission. At the time for public comments, after being properly recognized, citizens may address the commission on any subject. Citizens will be subject to the following limitations:
- 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;
- Citizens wishing to speak to a particular Resolution should raise their hands and wait to be recognized before speaking;
- Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
- 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;
- Citizens should address all remarks to the Commission as a whole, and not to individual Commissioners.
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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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