Agenda: Battle Creek City Commission

Meeting Date: May 20, 2014- 7:00 PM
Location: Commission Chambers City Hall
Chair: David A. Walters, Mayor
Title: Prepared by Michelle Redman

INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards for May 2014
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
PUBLIC COMMENTS REGARDING CONSENT AGENDA
(Limited to three minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
CONSENT AGENDA
Minutes:
City Commission Minutes for Regular Commission Meeting May 6, 2014
City Commission Minutes for Workshop April 15, 2014
City Manager Search Committee Meeting Minutes for April 24, 2014
Petitions, Communications, Reports:
Ambulance Report April 2014
City Manager's Report for May 20, 2014
Resolutions:
156 A Resolution authorizing the sale of vacant, tax-reverted property.
157 A Resolution setting a Public Hearing for 7:00 PM, June 3, 2014, on a proposed Industrial Facilities Tax Exemption Certificate at the request of Advanced Special Tools Inc., for tangible personal property located at 320 Clark Road in Industrial Development District No. 2.
158 A Resolution authorizing the City to purchase property at 45 Liberty and authorizing the City Manager to sign necessary paperwork for the purchase.
159 A resolution setting a public hearing for June 3, 2014, to receive public input on the Fiscal Year 2014-2015 General Fund and Special Fund Budgets.

PETITIONS COMMUNICATIONS REPORTS
RESOLUTIONS
160 A Resolution authorizing the City Manager to sign contract #14-5168, Jobs #121192 and #121193, with the Michigan Department of Transportation (MDOT) for single course chip seal and micro-surfacing work along Riverside Drive from Minges Road to Columbia Avenue (Highway M-96) and Columbia Avenue from Highway I-94 Business Loop (Martin Luther King Drive) to Helmer Road (Highway M-96).
161 A Resolution rescinding Resolution 79 of 2012.
162 A Resolution adopting postretirement pension adjustments, pursuant to the provisions of Public Act 345 of 1937, as amended, for Project/Grants Administrator Kathy Schley, effective the day after her retirement with the City of Battle Creek.
163 A Resolution authorizing the City Manager to sign an agreement with the Michigan Department of Natural Resources for a $300,000 Willard Beach Relocation grant from the Michigan Natural Resources Trust Fund and a 25% match requirement of $100,000.

164 A Resolution accepting the lowest responsive, responsible bid for Linear Path/Parking Lot Resurfacing from Lakeland Asphalt Corporation in an estimated amount of $999,740.25, with unit prices prevailing.
165 A Resolution accepting the lowest responsive, responsible bid for the 2014 CDBG Streets program from Hunter-Prell Company in an estimated amount of $441,700.80, with unit prices prevailing.
GENERAL PUBLIC COMMENT
(Limited to three minutes per individual)
COMMISSION COMMENTS
ADJOURNMENT
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:
  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. Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
  4. 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;
  5. 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)

Agenda: Battle Creek City Commission

Meeting Date: May 20 2014- 7:00 PM
Location: Commission Chambers City Hall
Chair: David A. Walters, Mayor
Title: Prepared by Michelle Redman

ATTENDANCE
Mayor Dave Walters
Vice Mayor Deb Owens
Commissioner Susan Baldwin
Commissioner Mark Behnke
Commissioner Jeff Domenico
Commmisioner Lynn Gray
Commissioner Andy Helmboldt
Commissioner Dean Newsome
Commissioner Mike Sherzer 
   
    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 
    Dave Schmaltz, Fire Chief
    Kevin Smith, Parks and Recreation
 
 
   
   
   
INVOCATION
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Walters.  The colors were presented by the Battle Creek Fire Department Honor Guard.
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards for May 2014
Mayor Walters presented the Beautiful Battle Creek Awards to Battle Creek residents.
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
There were no added or deleted resolutions.
PUBLIC COMMENTS REGARDING CONSENT AGENDA
There were no public comments.
(Limited to three minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
There were no Commission comments.
CONSENT AGENDA
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

Minutes:
City Commission Minutes for Regular Commission Meeting May 6, 2014
City Commission Minutes for Workshop April 15, 2014
City Manager Search Committee Meeting Minutes for April 24, 2014
Petitions, Communications, Reports:
Ambulance Report April 2014
City Manager's Report for May 20, 2014
Resolutions:
157 A Resolution setting a Public Hearing for 7:00 PM, June 3, 2014, on a proposed Industrial Facilities Tax Exemption Certificate at the request of Advanced Special Tools Inc., for tangible personal property located at 320 Clark Road in Industrial Development District No. 2.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

156 A Resolution authorizing the sale of vacant, tax-reverted property.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

158 A Resolution authorizing the City to purchase property at 45 Liberty and authorizing the City Manager to sign necessary paperwork for the purchase.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

159 A resolution setting a public hearing for June 3, 2014, to receive public input on the Fiscal Year 2014-2015 General Fund and Special Fund Budgets.

Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO






MOTION PASSED

PETITIONS COMMUNICATIONS REPORTS
There were no petitions, communications or reports.
RESOLUTIONS
160 A Resolution authorizing the City Manager to sign contract #14-5168, Jobs #121192 and #121193, with the Michigan Department of Transportation (MDOT) for single course chip seal and micro-surfacing work along Riverside Drive from Minges Road to Columbia Avenue (Highway M-96) and Columbia Avenue from Highway I-94 Business Loop (Martin Luther King Drive) to Helmer Road (Highway M-96).
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


David Moore, 102 Taylor, expressed his support of the resolution, asking who would be funding the project.

Comm. Sherzer noted funding for this project was provided by the Federal Highway Adminstration, with the City providing $138,000.


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

161 A Resolution rescinding Resolution 79 of 2012.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

162 A Resolution adopting postretirement pension adjustments, pursuant to the provisions of Public Act 345 of 1937, as amended, for Project/Grants Administrator Kathy Schley, effective the day after her retirement with the City of Battle Creek.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

163 A Resolution authorizing the City Manager to sign an agreement with the Michigan Department of Natural Resources for a $300,000 Willard Beach Relocation grant from the Michigan Natural Resources Trust Fund and a 25% match requirement of $100,000.

Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.
Nays: BEHNKE
.


MOTION PASSED

164 A Resolution accepting the lowest responsive, responsible bid for Linear Path/Parking Lot Resurfacing from Lakeland Asphalt Corporation in an estimated amount of $999,740.25, with unit prices prevailing.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

165 A Resolution accepting the lowest responsive, responsible bid for the 2014 CDBG Streets program from Hunter-Prell Company in an estimated amount of $441,700.80, with unit prices prevailing.
Approved
Motion to Approve
Moved By: LYNN GRAY
Supported By: JEFF DOMENICO


Ayes: BALDWIN
, BEHNKE
, DOMENICO
, GRAY
, HELMBOLDT
, NEWSOME
, OWENS
, SHERZER
, WALTERS
.



MOTION PASSED

GENERAL PUBLIC COMMENT
David Gauthier thanked the Commission for creating a positive, forward thinking atmosphere for our community.  Mr. Gauthier also thanked Commissioners Behnke, Newsome, Owens, Walters and Helmboldt, and County Commiisioner Jim Haadsma for personnally taking the time to talk with the residents of the N.E. Capital Ave area.  Mr. Gauthier also thanked Chief Jim Blocker, Susan Bedsole and Marcie Gillette for the work they do to continue improvements for the community. 

David Moore asked how the State of Michigan road improvements would be funded, stating lower income residents would have difficulty with an increase in the gas tax that is being proposed. 

David Sarachick, 201 Winter St, stated he was angry that Judge Holmes found him guilty of using his quad on City sidewalks while plowing his neighbors driveways and sidewalks.  Mr. Sarachick presented many pictures of snow covered roads and sidewalks, stating he was helping his neighbors and the Postal Service.  Mr. Sarachick read a letter to the newspaper thanking him for plowing this last winter.

 
(Limited to three minutes per individual)
COMMISSION COMMENTS
Vice Mayor Owens also expressed her concern that the courts found Mr. Sarachick guilty, although he had a letter from the former City Manager authorizing him to use his quad to plow neighbors' snow.  Vice Mayor Owens also stated that she and Comm. Sherzer attended the "Active Shooter" exercise at the Lakeview schools, stating she feels comfortable that the City has a very well trained Police Department, recognizing other local law enforcement and emergency management agencies.  Vice Mayor Owens thanked Mike McKenzie, Emergency Services Director, for putting the presentation together.

Comm. Gray acknowledge Youth Advisory Board Claire Wixson, thanking her for coming to the meeting.   Comm. Gray informed the Commission that the Youth Advisory Board held their first meeting Sunday afternoon, determining what the Board wanted to focus on the coming year.  Comm. Gray also invited everyone to attend the Annual Town Hall Meeting, Thursday, May 29, 2014 Macedonia Missionary Church, at 6:00 PM. 

Comm. Baldwin reminded everyone of the community conversations for the City Manager Search, stating there were two meetings at Mikes Place, the old Post School, the following evening at 6:00, one session for Spanish speaking residents, the other hosted by NPC#1.  Comm. Baldwin also reminded everyone that if they were not able to attend any of the Community Conversations, they could complete the online survey on the City's website at the City Manaager Search Committee link.

Comm. Domenico expressed his condolences to the family of Pete Francisco, a member of NPC #10, noting Mr. Francisco had two sons who work at the City.  Comm. Domenico acknowledged Mr. Franciso's contributions to the community. 

Mayor Walters reminded everyone of the Annual Kids Free Fun Day at Mikes Place, Saturday, June 7, 2014 from noon until 4:00 pm.  Mayor Walters also encouraged everyone to participate int he Ride of Silence the following evening at 7:00 p.m. at Getaway Sports, show memory and respect to cyclist that have died or suffered serious injury in cycling accidents.
ADJOURNMENT
Mayor Walters adjourned the meeting at 7:40 pm.
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:
  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. Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
  4. 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;
  5. 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)