Minutes 10/06/2009 07:00:00 PM

INVOCATION

1. Very Rev. Lawrence Bacik, St. Elias Eastern Orthodox Church.
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PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Andrew Yankama

CHAIR NOTES ADDED OR DELETED RESOLUTIONS

City Clerk Laser noted Resolution 248 was pulled from the consent agenda at the request of the City Manager.

PUBLIC COMMENT REGARDING CONSENT AGENDA

There were none.

COMMISSION COMMENT REGARDING MEETING BUSINESS
There were none.

CONSENT AGENDA

1. September 15, 2009 Battle Creek City Commission Meeting
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2. City Manager's October 6, 2009, Agenda Report
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3. Ambulance Report for the Month of August 2009
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241. A resolution appointing a new member to the Urbandale Neighborhood Planning Council (NPC5)
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242. A Resolution appointing an individual to fill a vacancy on the Community Development Advisory Council
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243. A resolution rescinding an appointment to the City of Battle Creek Local Advisory Council.
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244. A resolution rescinding three appointments to the City of Battle Creek Local Coordinating Committee.
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245. A resolution designating the City Manager as the City of Battle Creek representative on the Local Revenue Sharing Board as identified in the Amendment to the Tribal Gaming Compact between the State of Michigan and the Nottawaseppi Huron Band of Potawatomi Indians.
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A resolution designating the City Manager as the City of Battle Creek representative on the Local Revenue Sharing Board as identified in the Amendment to the Tribal Gaming Compact between the State of Michigan and the Nottawaseppi Huron Band of Potawatomi Indians.

246. A Resolution approving an Industrial Facilities Exemption Certificate on behalf of Plymouth Packaging, Inc. for tangible personal property located at 4075 West Columbia Avenue in Industrial District #5, and having an estimated cost of $785,090.
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A Resolution approving an Industrial Facilities Exemption Certificate on behalf of Plymouth Packaging, Inc. for tangible personal property located at 4075 West Columbia Avenue in Industrial District #5, and having an estimated cost of $785,090.

247. A Resolution authorizing the City Manager to sign a contract with United States General Services Administration for water and sewer service.
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A Resolution authorizing the City Manager to sign a contract with United States General Services Administration for water and sewer service.

249. A resolution authorizing the City Manager to execute a License to Use City Property with SEMCO Energy for the purpose of undertaking soil borings and installing and maintaining environmental installations.
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A resolution authorizing the City Manager to execute a License to Use City Property with SEMCO Energy for the purpose of undertaking soil borings and installing and maintaining environmental installations.

250. A resolution authorizing the City Manager to execute an easement with Consumers Energy made necessary by the provision of electrical utilities to the new Airport Administration, Operations & Maintenance Facility.
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A resolution authorizing the City Manager to execute an easement with Consumers Energy made necessary by the provision of electrical utilities to the new Airport Administration, Operations & Maintenance Facility.

251 Revised. A Resolution authorizing the City Manager to execute an Agreement between the City of Battle Creek and the Leila Arboretum Society for the provision of public beautification services and urban forestry consultation to the City and its citizens.
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A Resolution authorizing the City Manager to execute an Agreement between the City of Battle Creek and the Leila Arboretum Society for the provision of public beautification services and urban forestry consultation to the City and its citizens.

252. A resolution authorizing the City Manager to execute an Agreement for Relinquishment of Platted Easement.
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253. A Resolution setting a Public Hearing on Tuesday, October 20, 2009, for the purpose of reviewing and receiving public comment on a Brownfield Plan Site No. 8 Cavalcade Project, 55 East Hamblin Avenue.
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A Resolution setting a Public Hearing on Tuesday, October 20, 2009, for the purpose of reviewing and receiving public comment on a Brownfield Plan Site No. 8 Cavalcade Project, 55 East Hamblin Avenue.

PETITIONS COMMUNICATIONS REPORTS

City Clerk Laser noted a communication dated October 5, 2009, received from Kathleen Mechem of the Battle Creek Chamber of Commerce in support of extending the renaissance zone designation for the Battle Creek Tower at 67 W. Michigan.

PUBLIC HEARING

1. A Public Hearing to receive public comment on behalf of BC Equities Limited Partnership, on the application for an Obsolete Property Rehabilitation Act Tax Exemption, in Obsolete Property Rehabilitation District No. 3.
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A Public Hearing to receive public comment on behalf of BC Equities Limited Partnership, on the application for an Obsolete Property Rehabilitation Act Tax Exemption, in Obsolete Property Rehabilitation District No. 3.

Vice Mayor Walker declared the Public Hearing open and asked if there were any comments.
Hearing none, he declared the Public Hearing closed.

RESOLUTIONS

254. A resolution accepting the lowest responsive, responsible bid for a used Sewer Vacuum Truck from Jack Doheny Companies in a not-to-exceed amount of $250,000.00.
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A resolution accepting the lowest responsive, responsible bid for a used Sewer Vacuum Truck from Jack Doheny Companies in a not-to-exceed amount of $250,000.00.

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

255. A resolution authorizing the City Manager to enter into a contract with Mead & Hunt, Inc., for as-needed architectural and engineering services at the WK Kellogg Airport.
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A resolution authorizing the City Manager to enter into a contract with Mead & Hunt, Inc., for as-needed architectural and engineering services at the WK Kellogg Airport.

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

256. A resolution authorizing the City Manager to execute four Letters of Agreement (LOA) with the Battle Creek Federal Contract Tower (BTL FCT).
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A resolution authorizing the City Manager to execute four Letters of Agreement (LOA) with the Battle Creek Federal Contract Tower (BTL FCT).

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

257. A resolution approving an application for an Obsolete Property Rehabilitation Exemption Certificate on behalf of BC Equities Limited Partnership located at 67 West Michigan Avenue, Battle Creek, Michigan in Obsolete Property Rehabilitation District #3, and having an estimated cost of $4,000,000.00 for real property improvements.
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A resolution approving an application for an Obsolete Property Rehabilitation Exemption Certificate on behalf of BC Equities Limited Partnership located at 67 West Michigan Avenue, Battle Creek, Michigan in Obsolete Property Rehabilitation District #3, and having an estimated cost of $4,000,000.00 for real property improvements.

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Votes For = 7
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

Votes Against = 1
Ryan Hersha City Commissioner

MOTION APPROVED

258. Resolution Granting Permission to Extend the Duration of the Battle Creek Tower Renaissance Subzone
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Resolution Granting Permission to Extend the Duration of the Battle Creek Tower Renaissance Subzone

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Comm. Godfrey asked for clarification that the Renaissance Zones were originally created it was for a specific time that they were not intended to be extended. Ken Tsuchiyama stated that they were created for a set period of time, however the State allows for extensions under certain circumstances and that he believe this property meets these criteria. Comm. Hersha stated that he strongly supports this resolution. Vice Mayor Walker asked if the State is likely to extend the designation. Doug Voshell, marketing director for Battle Creek Unlimited, stated that this is one of the most successful zones in the state and the ability to bring in jobs and reinvestment is criteria the State looks for when considering extensions. He said both criteria are present with this subzone. A representative of the Hinman Company spoke stating the goal of retaining jobs downtown and said that Hinman has been successful in this goal.

Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

259. A resolution authorizing the City Manager to enter into a Purchase Agreement with Revolution Advertising, LLC for the sale of a portion of property located at 75 Houston Street, Battle Creek, Michigan.
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A resolution authorizing the City Manager to enter into a Purchase Agreement with Revolution Advertising, LLC for the sale of a portion of property located at 75 Houston Street, Battle Creek, Michigan.

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Chris Simmons City Commissioner

Comm. Godfrey said he was very supportive of this resolution, which appears to be a win-win. He said it is a great plan to put The Rink in the hands of hockey fans who know what is needed to be done to improve the facility, and to get the City out from under the management of the facility. Comm. Hersha said he agrees with Comm. Godfrey and approves of the improvements suggested in the action summary. Comm. Hersha asked what the consequences would be if the group did not live up to its obligations. Ken Tsuchiyama said the deal was structured to facilitate the capital improvements needed and that a reversionary clause is the fall back position. He said if the identified improvements are not made in the specified time period then the property, with its improvements, would revert back to the City's ownership. Comm. Hersha said he is very supportive and optimistic about the group's ability to make the improvements.

Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

260. A Resolution setting a Closed Session immediately following the regular City Commission Meeting on Tuesday, October 6, 2009, in Room 302A, City Hall, Battle Creek, Michigan, on a real estate matter.
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A Resolution setting a Closed Session immediately following the regular City Commission Meeting on Tuesday, October 6, 2009, in Room 302A, City Hall, Battle Creek, Michigan, on a real estate matter.

GENERAL PUBLIC COMMENT
Steve Wagner of 30 Post Ave expressed appreciation to the Commission, and City Parks and Recreation staff for their assistance in developing a phased in plan for Hamilton Park that would benefit the neighborhood. He said the new playground equipment has been ordered and would be installed before the end of the month. He said the neighborhood is taking ownership of the park. On October 24, the neighborhood is sponsoring a park cleanup from 10 to 1 and at 2 p.m. there will be a celebration of the park cleanup. He extended an invitation to the Commission to attend.

Peter Christ of 614 Jennings Lane stated that he spoke at the last Commission meeting regarding an election mailer sent by the Democratic Party endorsing candidates for the upcoming City election. He has since learned that the chair of the Calhoun County Democratic party had no knowledge of the mailer. He also stated that there does not appear to be rules or regulations addressing party involvement in nonpartisan elections. He said the City Charter requires a nonpartisan election and that the Commission's Code of Ethics requires commissioners uphold the spirit of the law. He encouraged the Commission to meet with State Representative Kate Segal to consider legislation that would address this matter. He hopes other voters that feel similarly will write to the Battle Creek Enquirer and express support for this action.

Johnny Cash of 21 Academy spoke in favor of fair and nonpartisan elections.

Angel Mosby of 416 Upton Avenue spoke representing Neighbors Creating Change to thank the commission for help with Hamilton Park.

Rick Williams, general partner of Revolution, thanked the city for its support of the group's efforts with The Rink.

COMMISSION COMMENTS

Vice Mayor Walker noted that Ken Tsuchiyama and Susan Bedsole had an announcement. Ken Tsuchiyama asked Susan Bedsole to elaborate on the announcement regarding Deidre Laser's earning of the Master Municipal Clerk certification. Susan Bedsole stated that Ms. Laser had earned the certification and that the City was always pleased to recognize the achievements of its staff.

Comm. Godfrey praised the Neighbors Creating Change and encouraged residents to help improve voter turnout in that neighborhood. He said the neighborhood is doing a great job in embracing the park, but voter turnout is low in that precinct and he encourages them to stay involved, even though he is stepping down as representative of that area.

Comm. Simmons thanked residents who participated in the River Clean Up on Oct 3. He said he was pleased that poor weather did not affect turn out. He mentioned that he and Comm. Yankama were successful in tackling some invasive weed growth along the river. He noted that the number of volunteers is going up each year and volunteers are now able to take on conservation efforts as well as trash collection. He also said residents are learning that it is not OK to dump garbage in the river.

Comm. Hersha thanked Neighbors Creating Change for their efforts in working with the city. Hersha then directed Commission attention to materials relating to the evaluation of City Attorney Eileen Wicklund. He asked for responses to a survey either online or on paper by 4 p.m. Monday, October 12.

Vice Mayor Walker thanked members of the City Attorney evaluation committee.

Comm. Yankama praised the Neighbors Creating Change members' hospitality. He expressed sympathy to Mayor Behnke for the loss of his mother. Yankama also spoke in praise of Vice Mayor Walker and thanked him for assistance to him personally. He further thanked Comm. Godfrey for his support when Yankama was a candidate considering running for the commission.

Vice Mayor Walker reminded the Commission they have a closed session afterwards.

ADJOURNMENT

Vice Mayor Walker adjourned the meeting at 8:45 p.m.

	Meeting Date:	Tue October 06, 2009 07:00 PM
	Location:	Commission Chambers City Hall
	Chair:	Tony Walker - Vice Mayor
	Prepared By:	Michelle Reen, Deputy City Clerk

Attendance Committee Members:	Attendance Staff:
Susan Baldwin City Commissioner John Godfrey City Commissioner Ryan Hersha City Commissioner Chris Simmons City Commissioner Sherry Sofia City Commissioner Diane Thompson City Commissioner Tony Walker Vice Mayor Andrew Yankama City Commissioner	Bedsole, Susan - Director of Licensing & Compliance Laser, Deidre - City Clerk Reen, Michelle - Deputy City Clerk Ritsema, James - Assistant City Manager/Finance Director Tsuchiyama, Ken - City Manager Wicklund, Eileen - City Attorney
Absent:
Mark Behnke Mayor