Agenda: Battle Creek City Commission

Meeting Date:August 15, 2017- 7:00 PM
Location:Commission Chambers City Hall
Chair:Mayor David A. Walters
Title:Prepared by Shawna M. Allen

INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
PETITIONS COMMUNICATIONS REPORTS
PUBLIC HEARING
A Public Hearing for the purpose of reviewing and receiving public comment on a request to vacate a portion of International Lane in the Battle Creek - Fort Custer Urban Renewal Plat No. 2.
PUBLIC COMMENTS REGARDING CONSENT AGENDA AND RESOLUTIONS NOT ON CONSENT AGENDA
(Limited to five minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
CONSENT AGENDA
Minutes:
City Commission Regular Meeting Minutes for August 1, 2017
Petitions, Communications, Reports:
Ambulance Report for July 2017
City Manager's Report for August 15, 2017
Resolutions:
172

A Resolution authorizing the City Manager to enter into a Regional Service Agreement with the St. Joseph County Transportation Authority.

173A Resolution supporting the Michigan Department of Transportation's (MDOT) recommendation for converting M-66 (Capital Avenue) from its existing four-lane configuration to a three-lane configuration with the rehabilitation project scheduled in 2018.  
174A Resolution authorizing the City Manager to enter into an agreement with the Kalamazoo River Community Recreational Foundation to accept grant funding assistance for our local Kanoe the Kazoo event.
175A Resolution setting a Public Hearing for 7:00 PM, September 5, 2017, on a proposed Industrial Facilities Exemption (IFE) Certificate at the request of Bowers Aluminum Company for real property located at 1401 Shiga Drive in Industrial Development District No. 2.
176A Resolution appointing City of Battle Creek representatives to the Calhoun Public Safety Information Alliance.

RESOLUTIONS NOT INCLUDED IN THE CONSENT AGENDA
177A Resolution authorizing the City Manager to execute an Amended and Reinstatement of a Building Space Lease Agreement and Memorandum of Lease with New Cingular Wireless, PCS, LLC. 
178A Resolution authorizing the vacation of the street dedicated as International Lane in the Battle Creek - Fort Custer Urban Renewal Plat No. 2.
179Resolution Consenting to the Replat of Part of Battle Creek - Ft. Custer Urban Renewal Plat Number 2.
180

A Resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) between the City of Battle Creek, Battle Creek Unlimited (BCU) and the Cereal City Development Corporation (CCDC) with respect to economic development activities.

181A Resolution authorizing the City Manager to execute an Agreement between the City of Battle Creek and the Leila Arboretum Society for the provision of educational programming, park stewardship, urban forestry consultation to the City and its citizens, as well as installation and maintenance of the Seasonal Planting Plan and Winter Display for Downtown Battle Creek for FY 2017/2018.
182A Resolution authorizing the City Attorney to hire outside counsel to defend the City in pending litigation.
183A Resolution setting a Closed Session on August 15, 2017, on a legal matter.
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.