Minutes 03/17/2009 07:00:00 PM

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Simmons.

PROCLAMATIONS/AWARDS

1. Proclaiming the week of March 15 - 22, 2009, as ''Inhalant Prevention Week''.
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2. Proclaiming the week of March 29 - April 4, 2009, as ''Severe Weather Awareness Week''.
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3. Beautiful Battle Creek Award
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CHAIR NOTES ADDED OR DELETED RESOLUTIONS

Clerk Laser noted that Resolution 101 was pulled and Resolution 103 was added to the agenda.

PUBLIC COMMENT REGARDING CONSENT AGENDA

Rev. William Stein asked that Resolution 94 be pulled from the agenda because he has asked the Transit Manager for copies of the applications which he has not received and the Local Advisory Council has not met to review the applications. The Public Transportation Committee will be meeting next Thursday, and Rev. Stein suggested that these applications be reviewed at the meeting. He requested that a public hearing be held regarding the application process.

COMMISSION COMMENT REGARDING MEETING BUSINESS

Comm. Hersha removed Resolution 94 from the Consent Agenda and placed it on the regular agenda.

Comm. Simmons removed Resolutions 97 and 98 from the Consent Agenda and placed it on the regular agenda.

CONSENT AGENDA

1. March 3, 2009 Battle Creek City Commission Meeting
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2. City Manager's March 17, 2009, Agenda Report
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3. Ambulance Report for the month of February 2009
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90. A Resolution appointing a member to the Housing Board of Appeals.
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91. A Resolution appointing a new member to the Coburn/Roosevelt/Territorial/Wilson Neighborhood Planning Council.
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92. A resolution approving an Industrial Facilities Tax Exemption Certificate on behalf of United Solar Ovonics, LLC, for real property located at 10 Clark Road in Industrial Development District No. 29 and having an estimated $40,000,000 for real property only.
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A resolution approving an Industrial Facilities Tax Exemption Certificate on behalf of United Solar Ovonics, LLC, for real property located at 10 Clark Road in Industrial Development District No. 29 and having an estimated $40,000,000 for real property only.

93. A resolution approving an Industrial Facilities Tax Exemption Certificate on behalf of Post Foods, LLC, for real property located at 275 Cliff Street in Industrial Development District No. 21 and having an estimated $2,110,000 for real property only.
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A resolution approving an Industrial Facilities Tax Exemption Certificate on behalf of Post Foods, LLC, for real property located at 275 Cliff Street in Industrial Development District No. 21 and having an estimated $2,110,000 for real property only.

95. Resolution authorizing the City Manager to execute a quit claim deed for certain property to Troy Barnes and Shannon Barnes
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96. A resolution authorizing the sale of vacant, tax-reverted property.
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PETITIONS COMMUNICATIONS REPORTS

Clerk Laser noted that two communications were received from William Rich of 18 Parkside Drive questioning his and his neighbors' property tax assessment.

PUBLIC HEARING

1. A public hearing to approve revised costs and completion date for Industrial Facilities Tax Exemption Certificate Holder Yorozu Automotive North America, Inc., Certificate No. 2006-551.
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A public hearing to approve revised costs and completion date for Industrial Facilities Tax Exemption Certificate Holder Yorozu Automotive North America, Inc., Certificate No. 2006-551.

Mayor Behnke declared the Public Hearing open and asked if there were any public comments.

Greg Gurski, spoke on behalf of Yorozu, and stated in 2006, there were estimated costs for an expansion of Yorozu's facility for real and personal property improvements. At the time of completion of the improvements, the actual costs were approximately 20% greater than the original $8M estimate.

Hearing no further comments, Mayor Behnke declared the Public Hearing closed.

RESOLUTIONS

94. A Resolution authorizing the submittal of grant applications to the Michigan Department of Transportation (MDOT) for funds in FY 2010 under the Jobs Access-Reverse Commute (JARC) program.
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A Resolution authorizing the submittal of grant applications to the Michigan Department of Transportation (MDOT) for funds in FY 2010 under the Jobs Access-Reverse Commute (JARC) program.

Motion to approve

Moved By: Susan Baldwin City Commissioner
Supported By: John Godfrey City Commissioner

Rev. William Stein stated the LAC is suppose to review the applications and the Transit Manager has not called a LAC meeting to review them. He would also like the opportunity to review the proposals that will be forwarded to the state. He was concerned about Transit staff taking the correct steps in the process and the cost for the Beckley Road corridor project.

Jerry Hutchison stated the proposed application came out of the Transit Study recently completed by the Corradino Group to enhance transit services provided by the City of Battle Creek. Out of the study, a funding program, JARC, was identified to improve transportation opportunities for citizens to get to and from their jobs. One of the recommendations was to expand services around the Beckley Road corridor. This resolution approves the submittal of the application to MDOT for its review.

Comm. Hersha asked if there is any legal or regulatory reason for not submitting the application.

Jerry Hutchison was not aware of any legal issues.

Comm. Hersha stated he supported the application in its broad outline.

Comm. Baldwin indicated the Public Transportation Committee did look at the application and felt it was worth pursuing.

Comm. Yankama was pleased that the Transportation Study includes looking at transportation needs on Beckley Road to assist citizens getting to and from work.

Vice Mayor Walker asked for an opinion from the City Attorney regarding Rev. Stein's comments.

Attorney Wicklund did not see a reason for not submitting the plan to MDOT. In the meantime, she asked Rev. Stein to submit his questions in writing so that they could be addressed with MDOT.

Jerry Hutchison stated the proposal was part of the coordination plan process and is identified in the final draft plan as a recommended strategy.

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

99. A Resolution adopting the 2009-2010 Community Development Block Grant and HOME Program budgets.
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A Resolution adopting the 2009-2010 Community Development Block Grant and HOME Program budgets.

Motion to approve

Moved By: Susan Baldwin City Commissioner
Supported By: John Godfrey City Commissioner

Comm. Godfrey noted these are trying times and there are agencies who did not receive funding. He commended the committee and stated they are doing their best to distribute the funds to benefit as many people as possible.

Vice Mayor Walker stated during the Public Hearing one agency representing Washington Heights had some concerns and asked if Rev. Ritchie's comments were a part of the applications to HUD.

Al Giguere, Community Development Supervisor, stated that he did not receive anything in writing from Rev. Ritchie.

Vice Mayor Walker felt the comments at the Public Hearing are very important to be sent with the applications and encouraged agencies to take advantage of the process.

Mayor Behnke encouraged including a copy of the minutes of the Public Hearing with the application.

Comm. Yankama stated that Rev. Ritchie called him several times.

Mayor Behnke thanked the commissioners who served on the Committee and the public who participated in the process.

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

100. A Resolution changing the boundary description for Precinct 15.
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A Resolution changing the boundary description for Precinct 15.

A Resolution objecting to the annual renewal of on-premise liquor licenses in the City of Battle Creek.

Resolution 101 was pulled from the agenda as the remaining liquor establishments in violation had become compliant.

102. A Resolution setting a Closed Session immediately following the regular City Commission Meeting on Tuesday, March 17, 2009, in Room 302A, City Hall, Battle Creek, Michigan, on a labor matter.
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A Resolution setting a Closed Session immediately following the regular City Commission Meeting on Tuesday, March 17, 2009, in Room 302A, City Hall, Battle Creek, Michigan, on a labor matter.

A resolution to return the first City Commission meeting date in April to the first Tuesday of the month, April 7, 2009

Motion to approve

Moved By: Susan Baldwin City Commissioner
Supported By: John Godfrey 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

Mayor Behnke thanked the Commission for cooperating in changing the meeting to April 7, 2009, as on April 14, 2009, Western Michigan University will be playing their home game at C.O. Brown Stadium against Notre Dame. The meeting change will provide an opportunity for as many people as possible to attend.

97. Setting a Public Hearing for April 14, 2009, at 7:00 p.m. in the City Commission Chambers, City Hall, Room 301, for the purpose of hearing public comments on the Draft 2009-10 Annual Action Plan.
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Setting a Public Hearing for April 14, 2009, at 7:00 p.m. in the City Commission Chambers, City Hall, Room 301, for the purpose of hearing public comments on the Draft 2009-10 Annual Action Plan.

Motion to amend Resolution 97 to change the date of the Public Hearing from April 14, 2009, to April 7, 2009.

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

Motion to approve amended Resolution 97

Moved By: Susan Baldwin City Commissioner
Supported By: John Godfrey 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

98. A resolution setting a public hearing for Tuesday, April 14, 2009 for receiving comments on proposed permanent modifications to the truck route system.
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A resolution setting a public hearing for Tuesday, April 14, 2009 for receiving comments on proposed permanent modifications to the truck route system.

Motion to amend Resolution 98 to change the date of the public hearing from April 14, 2009, to April 7, 2009.

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

Motion to approve amended Resolution 98

Moved By: Susan Baldwin City Commissioner
Supported By: John Godfrey 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

GENERAL PUBLIC COMMENT

Rev. William Stein spoke about the March 3, 2009, Commission meeting. According to the Action Summary of Resolution 88, Mr. Hutchison indicated that the Transit Local Advisory Council had approved the applications. Rev. Stein noted that a quorum was not present at the February 17, 2009, LAC meeting. Additionally, Rev. Stein felt that Resolution 94 was approved in violation of the law as the applications must be approved by the Local Advisory Council.

Ila Gurevic, a member of a community service group, stated that he works with Habitat for Humanity in a 10-month program for youth who will perform 300,000 hours of community service. He was pleased to be in Battle Creek and looked forward to working on many rehabilitation projects.

COMMISSION COMMENTS

There were none.

ADJOURNMENT

Mayor Behnke adjourned the meeting at 7:50 P.M.

	Meeting Date:	Tue March 17, 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 Hutchison, Cathy Laser, Deidre - City Clerk Ritsema, James - Assistant City Manager/Finance Director Tsuchiyama, Ken - City Manager Wicklund, Eileen - City Attorney