| | | | | | | | | Agenda: Battle Creek City Commission | Meeting Date: | October 4, 2016- 7:00 PM | Location: | Commission Chambers City Hall | Chair: | David A. Walters, Mayor | Title: | Prepared by Michelle Kay Culp |
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| | | | | | | | | Mayor Dave Walters | Rebecca Fleury, City Manager | Vice Mayor Susan Baldwin | Jill Steele, City Attorney | Commissioner Kaytee Faris | Ted Dearing, Assistant City Manager | Commissioner Kate Flores | Victoria Houser, City Clerk | Commissioner Lynn Ward Gray | Jim Blocker, Police Chief | Commissioner Andy Helmboldt | Steve Hudson, City Asssessor | Commissioner Deb Owens | Linda Morrison, Finance Director | Commissioner Mike Sherzer | | Absent: | | Commissioner Mark Behnke | |
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| | | | | | | | | The Pledge of Allegiance was led by the Blue Star Mothers. Shelly Page,Vice President of Chapter 195, informed everyone of their efforts, including support of the local and state Veterans' Administration, care packages and fundraisers to support the military personnel and families. Mayor Walters noted the Blue Star Mothers started in Flint, Michigan, noting members have a son or daughter, or grandchild, serving in the military. | | | | |
| | | | | | | | | CHAIR NOTES ADDED OR DELETED RESOLUTIONS | | | | |
| | | | | | | | | There were no added or deleted resolutions. | | | | |
| | | | | | | | | PETITIONS COMMUNICATIONS REPORTS | | | | |
| | | | | | | | | | | Preliminary Year-End Budget Report by Finance Director Linda Morrison | | | | | | | | | | | |
| | | | | | | | | Linda Morrison, Finance Director, provided the preliminary Year-End Budget Report. | | | | |
| | | | | | | | | | INTRODUCTION OF ORDINANCES | | | |
| | | | | | | | | | 15-2016 | A proposed ordinance to amend section 5 of Chapter 1295 of Battle Creek Ordinances, Adult Businesses, to exempt massage therapists licensed by the State of Michigan. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Comm. Flores commented on her request to review and amend the ordinance. Jill Steele, City Attorney, noted the amendment to the ordinance was to regulate from a zoning aspect, to reflect State licensing. Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION
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| | | | | | | | | PUBLIC COMMENTS REGARDING CONSENT AGENDA AND RESOLUTIONS NOT ON CONSENT AGENDA | | | | |
| | | | | | | | | John Kenefick, 234 South Avenue, commented on resolutions 247 - Leila Arboretum, 250 - Transit diesel buses, and 249 - Waterland Properties. | | | | |
| | | | | | | | | | (Limited to five minutes per individual) | | | | |
| | | | | | | | | COMMISSION COMMENT REGARDING MEETING BUSINESS | | | | |
| | | | | | | | | There were no Commission comments. | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | | City Commission Minutes for Workshop on September 13, 2016 | | | | | | | | | | | |
| | | | | | | | | | | City Commission Minutes for Regular Meeting on September 20, 2016 | | | | | | | | | | | |
| | | | | | | | | | | City Manager's Report for October 4, 2016 | | | | | | | | | | | |
| | | | | | | | | | 243 | A Resolution authorizing the sale of vacant, tax-reverted property. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 244 | A Resolution reappointing a member to the Battle Creek Housing Commission. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 245 | A Resolution setting a Public Hearing for 7:00PM, October 18, 2016, on behalf of Schweitzer Incorporated, on the application for an Obsolete Property Rehabilitation Act Tax Exemption (OPRA), in Obsolete Property Rehabilitation District No. 14. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | RESOLUTIONS NOT INCLUDED IN THE CONSENT AGENDA | | | |
| | | | | | | | | | 246 | A Resolution authorizing legal signatures in the absence of the City Manager. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 247 | A Resolution authorizing the City Manager to execute an Amendment to Urban Forestry and Beautification Agreement between the City of Battle Creek and Leila Arboretum Society for fiscal year 2017. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Comm. Sherzer asked if the funds were included in the budget. Rebecca Fleury, City Manager, noted staff were still working on budgetary items for the downtown, noting the City would be utilizing salary savings from a vacant Parks & Recreation position. Comm. Helmboldt asked if the costs were separate or the same as funds for Greenscape. Ms. Fleury stated the contract was similar to the Greenscape contract last year, but the City would only be using Leila Arboretum for the downtown landscaping now. Mayor Walters asked if City staff had ever been used for the downtown landscaping, or if it had always been outsourced. Ms. Fleury stated the downtown landscaping has been outsourced the last 2 years. Ayes: BALDWIN, FARIS, FLORES, GRAY, HELMBOLDT, OWENS, SHERZER Nays: WALTERS
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 248 | A Resolution granting an extension of the development period for Obsolete Property Rehabilitation Certificate No. 3-13-0020 as requested by 25 Michigan Holdings, LLC. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 249 | A Resolution authorizing the City Manager to enter into an amended lease agreement with Waterland Properties for the City-owned property located at 77 E Michigan Avenue, known as Commerce Pointe, extending the term to a total of 39.5 years from the date of amendment. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Ted Dearing, Assistant City Manager, noted there were extensive renovations of the Commerce Pointe building to make it functional, noting the developer agreed to absorb all renovation costs, with the provision that all rents would offset the costs. Mr. Dearing noted the extended lease agreement allows the developer to pass the lease arrangement along to a potential investor in the future. Mr. Dearing noted there are many similar deals throughout the US. Attorney Steele noted the rental costs were $1.00 per year, noting the property is subject to tight restrictions per the Federal Government, stating the property is not readily marketed to others as there are restrictions as to the type of tenants and that the building was to be open to the public. Comm. Owens inquired as to the responsibility for maintenance and repairs for the building. Mr. Dearing noted the developer was responsible for maintenance and repairs, as noted in the contract. Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | | 250 | A Resolution authorizing a contract with Gillig, LLC, for two low floor diesel buses in a not-to-exceed amount of $777,168. | | | | | | | | | | | |
| | | | | | | | | Motion to Approve
Moved By: ANDY HELMBOLDT
Supported By: LYNN GRAY
Rich Werner, Transit Manager, clarified Transit has two types of service, noting the large buses were not able to convert to propane fuel usage, stating the propane farm at DPW was utilized for the smaller Tele-Transit vehicles that were able to be converted to propane usage. Ayes: BALDWIN, FARIS, FLORES, WALTERS, GRAY, HELMBOLDT, OWENS, SHERZER
Absent: BEHNKE
MOTION PASSED
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| | | | | | | | | Paula Chapman, 16 Greble Street, asked about funding for road repairs and City ordinance. Bob Deal, owner of Waterland Properties, Commerce Pointe, thanked the Commission for the approval of resolution 249, interpreting this as a vote from the City and the Commission to make the downtown better. Jeanine Deal, 3508 Capital Avenue SW, commented on the installation of smart water meters in the City. Lindsay Wheeler, 218 Leland Drive S., commented on the Pledge of Allegiance and Welcoming Michigan discussion at a prior meeting. John Kenefick, 234 South Avenue, spoke of past Commission actions and the Constitution. | | | | |
| | | | | | | | | | (Limited to three minutes per individual) | | | |
| | | | | | | | | Comm. Gray expressed appreciation to a Youth Advisory Board member in attendance at the meeting. Comm. Gray informed everyone that Absentee Ballots were available from the Clerk's office, noting 2,599 were sent out today. Comm. Gray invited everyone to the Honorary street naming celebration in honor of Velma Laws Clay on October 11, 2016 at 2:00 pm on Hubbard Street, between Manchester and Greenwood. Comm. Gray also announced a community input workshop regarding Adult Businesses on October 12, 2016 at DPW at 6:00 pm, and an Urban Agriculture workshop on October 18, 2016 at 5:30 pm in Room 302A. Ms. Fleury responded to Ms. Chapman's concerns regarding Taft Street, noting this portion is in Emmett Township. Mr. Werner stated part of Taft Street in Emmett Township is the responsibility of Emmett Township and Calhoun County, noting the Transit Department vacated their route on Taft Street as it is not suitable for buses. Regarding Absentee Ballot voting, Comm. Helmboldt confirmed residents could obtain an absentee ballot by calling or visiting the City Clerk's office. Mayor Walters commended City staff who quickly assisted a local business owner who needed a change of mailing address for his business. Mayor Walters also gave a Shout Out to Lt. John Chrenenko and Det. Stephanie Estree for their service. Comm. Faris reminded everyone the City website contains links to all of the City's ordinances and other information. | | | | |
| | | | | | | | | Mayor Walters adjourned the meeting at 7:57 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.
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