Agenda: Battle Creek City Commission

Meeting Date:September 3, 2024- 7:00 PM
Location:City Commission Chambers
Chair:Mayor Mark A. Behnke
Title:

Battle Creek City Hall - City Commission Chambers - 3rd Floor

                                                                                                                                                                                                                                    VIDEO

VIDEOINVOCATION
VIDEOPLEDGE OF ALLEGIANCE
VIDEOROLL CALL
VIDEOCHAIR NOTES ADDED OR DELETED RESOLUTIONS
VIDEOPETITIONS COMMUNICATIONS REPORTS
INTRODUCTION OF ORDINANCES
VIDEO15-2024A Proposed Ordinance, #15-2024, amending Chapter 882 "Real Estate Taxation," by amending Section 23, modifying the terms of a Payment in Lieu of Taxes for the Housing Development to be known as "Station Side Lofts."
VIDEO16-2024A Proposed Ordinance, #16-2024, amending Chapter 882 "Real Estate Taxation," by amending Section 22, modifying the terms of a Payment in Lieu of Taxes to Northern Pines Apartments previously approved on October 17, 2023.
VIDEO17-2024A Proposed Ordinance, #17-2024, amending Chapter 882 "Real Estate Taxation," by amending Section 24, modifying the terms of a Payment in Lieu of Taxes for the Housing Development to be known as "Manchester Place."
ADOPTION OF ORDINANCES
VIDEO537A Resolution seeking adoption of Proposed Ordinance #13-2024, amending Section 02, Articles X and XVII, of Chapter 212, "Rules of Procedure of the Commission," regarding Public Comment to ensure a better flow to the Business Meeting.
VIDEOPUBLIC COMMENTS REGARDING CONSENT AGENDA AND RESOLUTIONS NOT ON CONSENT AGENDA
(Limited to three minutes per individual)
VIDEOCOMMISSION COMMENT REGARDING MEETING BUSINESS
VIDEOCONSENT AGENDA
Minutes:
Minutes for the August 20, 2024 City Commission Regular Meeting
Petitions, Communications, Reports:
City Manager's Report for September 3, 2024
Resolutions:
538

A Resolution seeking authorization to enter into a contract for License Plate Recognition Cameras from Flock Group, Inc. in an initial 2-year amount of $69,500.00.

539

A Resolution seeking acceptance of the qualifications-based proposal from C&S Companies to provide general architectural/engineering services for the Battle Creek Executive Airport at Kellogg Field.

540A Resolution authorizing the City Manager to execute a Fourth Amendment to Lease with New Cingular Wireless, PCS, LLC for use and access to property at 294 Kellogg Street. 
RESOLUTIONS NOT INCLUDED IN THE CONSENT AGENDA
VIDEO541

A Resolution seeking acceptance of the lowest responsive, responsible bid for Air Traffic Control Tower Rehabilitation project from Berglund Construction Company in a not-to-exceed amount of $373,500.00.

VIDEO542A Resolution seeking authorization for the City Manager to execute a grant agreement with Battle Creek Area Habitat for Humanity for the development and resale of a single-family home to a low-income and moderate-income household at 273 W. Spaulding, Battle Creek, MI  49037, with federal HOME Investment Partnership funding.
VIDEO543A Resolution seeking to approve Petition PSUP24-0002, a special use permit request for the expansion of an existing gas station at 1439 W Michigan Avenue in the B-1, Corridor Commercial District located at 1439 W Michigan Avenue Parcel #4000-00-036-0.
VIDEOGENERAL PUBLIC COMMENT
(Limited to three minutes per individual)
VIDEOCOMMISSION COMMENTS
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 three 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.

 

      (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. 

 

       (f)     Applicants or Appellants, as defined below, or an attorney retained to represent them, are not bound by the specific time limitations set out above but may have the amount of time deemed reasonably necessary by the Mayor or presiding official to present their case to the City Commission without violating the rules set out below in sub-section 4(a) through (g), with which they are obligated to comply.

                (i) Applicant is defined an individual or business entity seeking a City Commission final decision on a matter for which the individual has made application to the City based upon a specific provision in a City Ordinance or state statute for permission to take a specific action;

                (ii) Appelant is an individual appealing a decision of a City official or an inferior body based upon a specific provision in City ordinances entitling the individual to appeal the decision to the City Commission.

 

         (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 Mayor, or the presiding Commissioner or official, and not to individual Commissioners or staff members. 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, and the speaker may be required to leave the meeting after having been ruled out-of-order for a breach of the peace committed at the meeting as permitted by the OMA, when the speaker violates above sub-section 3 or the following: 

      (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 their 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.

 

         (5)   Individuals attending City Commission meetings or workshops, excluding City staff, shall not pass the commission chambers bar upon which the podium is affixed (and which divides the audience section from the well of the chambers) without having been invided to do so by the Mayor or official presiding over the meeting, or after requesting and explicitly being granted permission to do so. Any individual violating this sub-section will be ruled out-of-order by the Mayor or presiding official and the individual may be required to leave the meeting for a breach of the peace committed at the meeting as permitted by the OMA.