Minutes 10/20/2009 07:00:00 PM

INVOCATION

Rick Hensley presented the invocation.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Godfrey.

PROCLAMATIONS/AWARDS

1. Beautiful Battle Creek Award
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2. Proclaiming the month of October 2009 as ''National Disability Employment Awareness Month''.
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3. Proclaiming the week of October 18 - 24, 2009, as ''National Save for Retirement Week''.
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4. Proclaiming October 25- November 1, 2009, as White Ribbon Against Child Pornography Week

5. Proclaiming October 22, 2009, as ''Lights on Afterschool Day''.
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Proclaiming October 22, 2009, as ''Lights on Afterschool Day''.

PRESENTATION

1. Special Presentation.
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Each of the commissioners bid farewell to Commissioners Behnke, Godfrey, and Walker and a special presentation was made by Comm. Baldwin. It is traditional that each outgoing Mayor receive his gavel as a token of appreciation and a reminder of the leadership they have provided the community. Both Mayor Behnke and Former Mayor Godfrey were presented with their gavels, and Vice Mayor Walker was presented with a clock. Mayor Behnke received an Honorary Black Belt Award from the International Akido Federation.

CHAIR NOTES ADDED OR DELETED RESOLUTIONS

Deputy Clerk Reen noted there were no added or deleted resolutions.

PUBLIC COMMENT REGARDING CONSENT AGENDA

Rev. William Stein was concerned with how the City Commission minutes are maintained. According to the Administrative Code, Chapter 212, under Rules of Procedure of the Commission, Section 5, the City Clerk or designee shall keep correct minutes of the proceedings. He hoped that the Commission and city staff would adhere to the laws they are governed by.

COMMISSION COMMENT REGARDING MEETING BUSINESS

None.

CONSENT AGENDA

1. October 6, 2009 Battle Creek City Commission Meeting
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2. City Manager's October 20, 2009, Agenda Report
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3. Ambulance Services Monthly Report September 2009
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261. A Resolution appointing a City Elector alternate member to the Rental Property Hearing Board.
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262. A Resolution appointing members to the Special Assessment Review Board.
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263. A resolution re-appointing members to the Minges Brook Riverside Neighborhood Planning Council
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264. A Resolution authorizing the City Manager to execute Michigan Department of Transportation (MDOT) Federal/State/Local grant contract No. 2009-0738, which provides funds for the acquisition of aviation easements in the vicinity of the WK Kellogg Airport.
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A Resolution authorizing the City Manager to execute Michigan Department of Transportation (MDOT) Federal/State/Local grant contract No. 2009-0738, which provides funds for the acquisition of aviation easements in the vicinity of the WK Kellogg Airport.

265. A Resolution authorizing the City Manager to execute Michigan Department of Transportation (MDOT) Federal/State/Local grant contract No. 2009-0739, which provides funds for the design of demolition plans for certain structures at the WK Kellogg Airport and tree clearing necessary to construct runway 5R23L.
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266. A resolution authorizing the City Manager and the City consultants, Commonwealth Associates, Inc., to proceed with avigation easement acquisition for the W.K. Kellogg Airport, on behalf of the City.
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A resolution authorizing the City Manager and the City consultants, Commonwealth Associates, Inc., to proceed with avigation easement acquisition for the W.K. Kellogg Airport, on behalf of the City.

267. A Resolution setting a Public Hearing for 8:00 p.m., November 10, 2009, on the proposed establishment of an Obsolete Property Rehabilitation District.
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A Resolution setting a Public Hearing for 8:00 p.m., November 10, 2009, on the proposed establishment of an Obsolete Property Rehabilitation District.

268. A resolution setting a public hearing on November 10, 2009, at 8:00 p.m., on a proposed Industrial Development District. No. 38.
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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

PETITIONS COMMUNICATIONS REPORTS

None.

PUBLIC HEARING

1. A Public Hearing 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 Public Hearing for the purpose of reviewing and receiving public comment on a Brownfield Plan Site No. 8 Cavalcade Project, 55 East Hamblin Avenue.

Mayor Behnke declared the Public Hearing open and asked for public comments.

Rev. William Stein stated the City of Battle Creek is barred from entering into any contracts for debts that are owed to the city. According to the Battle Creek Enquirer on August 24, 2009, SEMCO Energy overbilled its customers and Rev. Stein felt citizens were entitled to a refund based on usage.

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

RESOLUTIONS

269. A Resolution approving a Brownfield Plan Site No. 8 Cavalcade Project, 55 East Hamblin Avenue.
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Motion to approve

Votes For = 9

MOTION APPROVED

270. A Resolution authorizing Battle Creek Transit to develop and implement new bus services to and within the Beckley Road area effective late winter, 2010.

A Resolution authorizing Battle Creek Transit to develop and implement new bus services to and within the Beckley Road area effective late winter, 2010.

Motion to approve

Votes For = 9

MOTION APPROVED

271. Resolution authorizing the City Manager to execute an Intergovernmental Agreement Between City Of Battle Creek, Calhoun County, And The Calhoun County Consolidated Dispatch Authority Regarding Dispatch Equipment, Capital Contributions, Loan Of Funds and the associated Lease with Option to Purchase Motorola Equipment.

Resolution authorizing the City Manager to execute an Intergovernmental Agreement Between City Of Battle Creek, Calhoun County, And The Calhoun County Consolidated Dispatch Authority Regarding Dispatch Equipment, Capital Contributions, Loan Of Funds and the associated Lease with Option to Purchase Motorola Equipment.

Motion to approve

Votes For = 9

MOTION APPROVED

248. A resolution authorizing the City Manager to execute a lease agreement between the City of Battle Creek and Metro PCS Michigan, Inc. to permit the installation and maintenance of certain equipment and facilities at 1000 Hill-Brady Road.

A resolution authorizing the City Manager to execute a lease agreement between the City of Battle Creek and Metro PCS Michigan, Inc. to permit the installation and maintenance of certain equipment and facilities at 1000 Hill-Brady Road.

Motion to approve

Votes For = 9

MOTION APPROVED

GENERAL PUBLIC COMMENT

Rev. William Stein commented that the City Commission violated Section 117.5, under the Michigan Home Rule City Act, by approving Resolution 269, and that two City Commission candidates owe back taxes to the City. In regards to SEMCO, he stated no contract will be made with any person who is in default with the city. Furthermore, Rev. Stein objected to being appointed to serve on a Transit committee and that his address was published in the resolution without his permission.

John Kenefick, 234 South Avenue, spoke regarding fee increases in the Commission approved Fee, Bond, and Insurance Schedule,i.e. administrative search warrants, and sewer readiness charges.

Peter Christ, 614 Jennings Landing, thanked Mayor Behnke, former Mayor Godfrey, and Vice Mayor Walker for their unselfish service to the City of Battle Creek. Secondly, he stated that he has directed specific questions to a commissioner regarding the Democratic Party's involvement in the city's nonpartisan election. Mr. Christ stated he will be filing a finance complaint against Comm. Hersha and Candidate Griffin.

COMMISSION COMMENTS

Comm. Hersha announced a neighborhood cleanup at Hamilton Park this Saturday.

Comm. Simmons invited citizens to the Spooktacular at Leila Arboretum from 11-5 on Saturday.

Comm. Godfrey thanked his fellow commissioners for their work through the years.

Comm. Yankama reminded everyone that a NAACP dinner will take place on October 30, 2009.

ADJOURNMENT

Mayor Behnke adjourned the meeting at 8:21 P.M.

	Meeting Date:	Tue October 20, 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 Claggett, Russell - Employee Relations Director Hutchison, Jerry - Transit Manager Kohs, Ken - Environmental Services Director Laser, Deidre - City Clerk Reen, Michelle - Deputy City Clerk Ritsema, James - Assistant City Manager/Finance Director Steele, Jill - Assistant City Attorney Tsuchiyama, Ken - City Manager Walker, Tony - Vice Mayor