Minutes 04/21/2009 07:00:00 PM

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Sofia.

PROCLAMATIONS/AWARDS

1. Certificate of Recognition for Harold Cripps.
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2. Proclaiming April 1, 2010, as ''Census Day''.
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3. Beautiful Battle Creek Award
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CHAIR NOTES ADDED OR DELETED RESOLUTIONS

Clerk Laser noted that Resolution 107 and 124 had been added to the agenda.

PUBLIC COMMENT REGARDING CONSENT AGENDA

Rev. William Stein asked that Resolutions 115, 117, and 118 be pulled from the Consent Agenda so that they could be discussed in open debate. He felt that citizens' rights have been violated with respect to how the application process for public transportation funding is appropriated. Rev. Stein stated that the Local Advisory Council meeting has not met recently, and the body approves human services agencies' and Battle Creek Transit's programming applications.

COMMISSION COMMENT REGARDING MEETING BUSINESS

None.

CONSENT AGENDA

1. April 7, 2009 Battle Creek City Commission Meeting
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2. City Manager's April 21, 2009, Agenda Report
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3. Ambulance Report for the month of March 2009
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111. A Resolution appointing a new member to the Coburn/Roosevelt/Territorial/Wilson Neighborhood Planning Council.
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112. A resolution appointing a new member to the Post/Franklin Neighborhood Planning Council.
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113. A resolution appointing new members to the Fremont/Mckinley/Verona Neighborhood Planning Council.
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114. A resolution appointing members to the License Review Board for a term ending May 3, 2010.
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115. A Resolution authorizing the filing of grant applications with the Department of Transportation, United States of America, for grants under the Urban Mass Transportation Act of 1964, as amended.
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A Resolution authorizing the filing of grant applications with the Department of Transportation, United States of America, for grants under the Urban Mass Transportation Act of 1964, as amended.

116. A Resolution authorizing the City Manager to execute Grant Agreements, certifications and other documents as required by the Michigan State Housing Development Authority for the purpose of securing Neighborhood Stabilization Program grant funding.
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A Resolution authorizing the City Manager to execute Grant Agreements, certifications and other documents as required by the Michigan State Housing Development Authority for the purpose of securing Neighborhood Stabilization Program grant funding.

117. A Resolution authorizing the City Manager to execute Michigan Department of Transportation Federal/State/local grant contract 2009-0208.
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118. A resolution authorizing the City Manager to execute Michigan Department of Transportation Federal/State/Local grant agreements 2009-0121 & 2009-0171.
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A resolution authorizing the City Manager to execute Michigan Department of Transportation Federal/State/Local grant agreements 2009-0121 & 2009-0171.

119. A Resolution recognizing the MOMS Club of Battle Creek as a non-profit local civic organization in the community.
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120. A Resolution setting a Public Hearing on May 5, 2009, at 7:00 p.m. for the purpose of receiving citizen input on a Substantial Amendment to the City's 2008-09 Annual Action Plan for the use of Homelessness Prevention and Rapid Re-Housing Program funds from the U.S. Department of Housing and Urban Development.
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A Resolution setting a Public Hearing on May 5, 2009, at 7:00 p.m. for the purpose of receiving citizen input on a Substantial Amendment to the City's 2008-09 Annual Action Plan for the use of Homelessness Prevention and Rapid Re-Housing Program funds from the U.S. Department of Housing and Urban Development.

PETITIONS COMMUNICATIONS REPORTS

None.

PUBLIC HEARING

1. Public Hearing to receiving citizen input on the proposed use of funds for the City's Neighborhood Stabilization Grant from the Michigan State Housing Development Authority.
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Public Hearing to receiving citizen input on the proposed use of funds for the City's Neighborhood Stabilization Grant from the Michigan State Housing Development Authority.

Mayor Behnke declared the Public Hearing open and asked if there were any public comments.
Hearing none, Mayor Behnke declared the Public Hearing closed.

RESOLUTIONS

121. A Resolution amending future billing dates for Special Assessment Roll No. J-008 for the Columbia Avenue Business Improvement District.
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A Resolution amending future billing dates for Special Assessment Roll No. J-008 for the Columbia Avenue Business Improvement District.

Motion to approve

Moved By: Diane Thompson City Commissioner
Supported By: Sherry Sofia City Commissioner

Votes For = 9
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

122. A resolution approving permanent modifications to the truck route system.
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A resolution approving permanent modifications to the truck route system.

Motion to approve

Moved By: Diane Thompson City Commissioner
Supported By: Sherry Sofia City Commissioner

Votes For = 9
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

123. A Resolution authorizing legal signatures in the absence of the City Manager.
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A Resolution authorizing legal signatures in the absence of the City Manager.

Motion to approve

Moved By: Diane Thompson City Commissioner
Supported By: Sherry Sofia City Commissioner

Votes For = 9
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

124 Added. A Resolution authorizing the City Manager to sign the collective bargaining agreement between the City of Battle Creek and The Organization of Supervisory Personnel of the Battle Creek Police Department (POLC/Sgts) Unit, for the periods of July 1, 2008 through June 30, 2011.
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A Resolution authorizing the City Manager to sign the collective bargaining agreement between the City of Battle Creek and The Organization of Supervisory Personnel of the Battle Creek Police Department (POLC/Sgts) Unit, for the periods of July 1, 2008 through June 30, 2011.

Motion to approve

Moved By: Diane Thompson City Commissioner
Supported By: Sherry Sofia City Commissioner

Votes For = 9
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Diane Thompson City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

MOTION APPROVED

107 Added. A Resolution appointing members to the Westlake/Prairieview Neighborhood Planning Council (NPC# 10)
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A Resolution appointing members to the Westlake/Prairieview Neighborhood Planning Council (NPC# 10)

GENERAL PUBLIC COMMENT

Rev. William Stein spoke regarding a U.S. Department of Transportation federal discrimination law and objected to discriminatory practices with the transit grant process as he felt he was excluded from the process. He stated that he has filed a complaint with the U.S. Department of Transportation.

David Moore commented on the starting time of the Cereal Festival and asked if the Transit buses could start two hours earlier on that day.

COMMISSION COMMENTS

Comm. Sofia participated in a clean-up day at Quaker Park and stated it was nice to see local people coming together to preserve and maintain one of our local assets.

Comm. Yankama stated that he also participated in a successful clean-up day at Woodland Park. Secondly, he also commented on the roads being repaired in Lakeview and stated it is becoming more difficult to travel. He asked the City Manager to publish information in the Enquirer regarding street repairs.

Comm. Godfrey asked for a legal opinion regarding Rev. Stein's comments on resolutions that should have been pulled from the Consent Agenda.

Comm. Hersha stated Mr. Hennink recently attended a Commission meeting regarding property in the commercial district on Michigan Avenue. Comm. Hersha had the opportunity to view the property and questioned the demolition of the property to turn it into green space. He felt that the money spent in tearing it down and turning it into green space could be spent just as effectively in revitalizing it with activities for the community. Comm. Hersha commented that Mr. Hennink is in a quandary now and does not know what to expect. Comm. Hersha asked that the decision process on the creation of a park be a public process and encouraged a Commission workshop.

City Manager Tsuchiyama stated a workshop is currently being scheduled to learn more about the downtown transformation effort. He anticipated a workshop after the conclusion of the budget process.

Comm. Hersha felt it important not to wait to schedule the workshop as it makes an impact to downtown property owners.

Mr. Tsuchiyama stated that one of the decisions made last week is that it would be appropriate to contact the property owners first regarding the plans and the process.

Comm. Baldwin disagreed with Comm. Hersha as she felt staff should focus on the budget.

Comm. Yankama had a meeting with the City Manager and asked him to expound on Horseshoe Pond and Goguac Lake.

Mr. Tsuchiyama stated water levels have been high from the winter. Even though Goguac Lake was lowered, it takes a while to affect the residents around Horseshoe Pond. Staff is working with the Drain Commissioner to conduct a comprehensive analysis of the watershed.

ADJOURNMENT

Mayor Behnke adjourned the meeting at 7:41P.M.

	Meeting Date:	Tue April 21, 2009 07:00 PM
	Location:	Commission Chambers City Hall
	Chair:	Mark Behnke - Mayor
	Prepared By:	Deidre A Laser - City Clerk

Attendance Committee Members:	Attendance Staff:
Susan Baldwin City Commissioner John Godfrey City Commissioner Ryan Hersha City Commissioner Chris Simmons City Commissioner Mark Behnke Mayor Sherry Sofia City Commissioner Diane Thompson City Commissioner Tony Walker Vice Mayor Andrew Yankama City Commissioner	Bedsole, Susan - Director of Licensing & Compliance Giguere, Al Hobson, Barbara - Deputy Attorney Laser, Deidre - City Clerk Rickmar, Greg - Traffic Engineer Ritsema, James - Assistant City Manager/Finance Director Steele, Jill - Assistant City Attorney Tsuchiyama, Ken - City Manager