RESOLUTIONS
214. A Resolution authorizing the City Manager to execute Project Authorization No. 2007-0169/Z11 with the Michigan Department of Transportation ( MDOT ) for $83,910 in Federal stimulus funds
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
Comm. Godfrey asked staff for a summary of this Resolution.
Jerry Hutchison explained that this Resolution authorizes the City Manager and Department of Transportation to participate in a demonstration program to modify engines in three large buses in order for them to act more like hybrid buses. The technology is not the same as full hybrid buses, but new technology allows simulated effects to realize 5-7% fuel savings. The program is funded by federal stimulus dollars to the Michigan Department of Transportation.
Comm. Godfrey stated that he wanted the explanation because of the extent of public debate on the purchase of hybrid buses two years ago. He noted that the vote to purchase the bus was approved by the previous commission and the current commission voted to rescind that decision. He feels this action is a vindication of the previous commission's intent. He said this is a great honor for the City of Battle Creek.
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
222. A resolution accepting the lowest responsive, responsible bid for Columbia Avenue Water and Sewer Improvements from Hoffman Brothers in an estimated amount of $1,386,539.51, with unit prices prevailing.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
Comm. Hersha asked for an explanation of why these sites are being improved.
City Manager Tsuchiyama said it is common for sites like these to be overlooked by potential commercial buyers if utilities are not already available. He stated that Battle Creek Unlimited has decided that these sites could attract investors if developed. He further stated that these sites have been on the Capital Improvement Plan list for many years and that extending utilities to these properties expands opportunities for other sites and current businesses along this corridor. He stated funds for the development are to be provided by the Battle Creek Tax Increment Finance Authority.
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
223. A resolution accepting the lowest responsive, responsible bid for Kalamazoo River Flood Control Project Repairs from Hunter Prell in an estimated amount of $244,498.00, with unit prices prevailing.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
Comm. Simmons asked staff for the status of a previous effort to get a grant to study the feasibility of removing the concrete barriers and returning the river to a more natural condition.
City Manager Ken Tsuchiyama said that the request was made to the Core of Engineers but that the cost, and the City's matching obligation, was unlikely to be budgeted by either organization because of budget shortfalls for both organizations. He further explained the Core of Engineers has identified deficiencies that need to be addressed so that the flood control system remains sound as it is. This Resolution authorizes this repair work to be done.
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
224. A Resolution to accept Stone Gate Site Condominiums Right-of-Way Dedication.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
Comm. Godfrey appreciated the local developer's efforts in incorporating feedback on this site into his development. He expressed concerns that the City is considering accepting additional roadways into the City considering Act 51 funds dedicated to the maintenance of roads are decreasing rapidly. He said he was considering a motion that roads not be accepted into the City's responsibility until at least 50% of properties are developed. Comm. Thompson asked how many lots have been sold. City Manager Ken Tsuchiyama said he knows one lot has been developed, but he does not know how lots many have been sold. Comm. Simmons said he assumes the property owner pays property taxes already. Comm. Godfrey stated this is a development created by an individual for a profit and that individual lot sales have been affected by the slow economy. He said he does not support the rationale of using Act 51 funds for streets that run in front of undeveloped properties. Comm. Hersha said Comm. Godfrey raises important issues. He mentioned Christy Road does not have City water mains. He wondered if there were protocol for making decisions such as this. City Manager Ken Tsuchiyama said this situation is different than extending a water main. City would need to invest in the construction of a water main extension, whereas, in this case, the developer has already built the streets to City standards with the idea that it would be turned over to the City in the future. Developers have an expectation that the City will take responsibility for streets built to our standards. Comm. Sofia said she didn't support changing the rules in the middle of the process, considering we've approved similar actions in the past, however raising this issue is important and that for future development the City should consider this issue. She said she does not see budget fixes coming from Lansing any time soon.
Comm. Godfrey said he is not going to support this Resolution, although he supports the developer and said he does a good job. He said feels that the Commission "talks the budget but does not walk the budget." He does not feel the City should bring in more roads that the City can ill afford to maintain. City Manager Ken Tsuchiyama appreciated commission concerns about budget and pointed out that this is less than a half mile of roadway and the difference in cost and revenue is not a large risk. Comm. Yankama asked who has jurisdiction of this street and who would respond to an emergency on that street. City Manager Ken Tsuchiyama responded that the property is within the City limits and that City would respond to emergency calls for service. Vice Mayor Walker asked what the costs of maintenance would be for a half mile of road. City Manager Ken Tsuchiyama responded that it would be plowing and sweeping primarily because it is a new road. Vice Mayor Walker asked if we do collect property taxes on lots and would it be enough to cover these expenes. City Manager Ken Tsuchiyama responded affirmatively. He further added that the City may have to consider using General Fund dollars to support street maintenance, or to reduce its budget for street maintenance in the future, as Act 51 funds are diminishing. Vice Mayor Walker said he appreciates the concerns Godfrey raised, but that the taxes should meet the cost obligations and that a residential street such as this would have at least 15 years of life before requiring major repairs. Comm. Simmons agreed with Vice Mayor Walker's assessment and in principle with Godfrey's points about budget. He supports economic development and sees potential in growing the tax base with this project. He stated that rejecting this request would send the wrong message to future developers. Comm. Godfrey asked City Manager Ken Tsuchiyama to take Comm. Sofia's comments about future policy under advisement, especially considering her comments about Lansing's budget situation. He suggested a yardstick be developed for consideration of future actions regarding the development of new roads. He stated that he feels the State of Michigan has a long recovery ahead and that decisions should be made based on economic realities. Comm. Hersha agreed and supported clarity on this for future developers.
Votes For = 8
Susan Baldwin 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
Votes Against = 1
John Godfrey City Commissioner
MOTION APPROVED
225. A Resolution appointing Commissioner Susan Baldwin as the City of Battle Creek's official representative at the Annual Business Meeting of the Michigan Municipal League.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama 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
226. A Resolution authorizing the City Manager to execute a grant award with the Federal Transit Administration ( FTA ) on behalf of Battle Creek Transit for $944,000 in capital funds under the American Recovery & Reinvestment Act ( ARRA ) of 2009
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama 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
227. A Resolution authorizing changes to the collective bargaining agreement with POLC/Sergeants.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama 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
228. A resolution authorizing the City Manager to sign the collective bargaining agreement between the City of Battle Creek and the Police Officers Labor Council/Lieutenants, for the period of July 1, 2008 through June 30, 2011.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
Comm. Hersha appreciated the creativity of staff in reaching agreement with the POLC and thanked City employees for their work during difficult budget times.
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
229. A Resolution granting Special Use Permit #S-03-09 to Crosspoint Church, 485 Main Street, Battle Creek, MI, to allow a community center for youth and families located at the former Post Elementary School, 340 Cliff Street, Parcel # 1490-00-014-0 and # 1500-00-052-0.
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Motion to approve
Moved By: Tony Walker Vice Mayor
Supported By: Andrew Yankama City Commissioner
John Cash, 121 Academy spoke in favor of this Resolution stating he would not want to see an open building left in the neighborhood. Community Services Director Susan Bedsole read Planning Commission comments regarding this project as follows: As you are aware, in consideration of a special use permit, there are standards set forth in the ordinance. Based upon those standards, staff made the following recommendations:
The use will be harmonious and consistent with the goals of the master plan in that the center seeks to offer a wide variety of indoor and outdoor recreation, cultural and environmental education opportunities and also a wide range of public and private educational opportunities. The use will be harmonious with the existing character of the general vicinity in that the center will be located within an existing vacant school building and the appearance of the building is not anticipated to be altered. The use will not be hazardous to existing neighboring uses in that the center will utilize existing parking areas and will operate within an existing vacant building. The use will be a substantial improvement to property in that the center will occupy an otherwise vacant building. The use will be adequately served by essential public facilities and services in that the subject site is currently served with public utilities. The use will not create excessive additional requirements at public cost in that the center will occupy an existing vacant building within an existing established neighborhood served by existing infrastructure. The use will not create activities that are detrimental in that the proposed use will be used primarily in a manner similar to the former school use. The use will be consistent with the Zoning Code in that the center will comply with all relevant sections of the zoning ordinance. Also, the following conditions, in addition to the standard administrative conditions, were also recommended: All necessary permits shall be obtained; If church/worship services become a regularly scheduled activity, a separate special use permit will be required.
As noted in the attachment to the resolution, these recommendations were adopted by the Planning Commission. Based upon the foregoing, planning staff recommends that the City Commission approve Special Use Permit S-03-09.
Pastor Susan Morgan of Crosspoint Church was present and Mayor Behnke thanked her for her work. Vice Mayor Walker asked Pastor Morgan to provide a summary of the project. Pastor Morgan said the project is designed to support the Post Franklin neighborhood and will be youth oriented. Comm. Simmons expressed appreciation to Planning Department staff and applicants for stepping forward to develop empty school buildings. He supports the Resolution. Comm. Baldwin and Comm. Sofia spoke in support of the project and expressed appreciation of the benefit of the project to the neighborhood. Comm. Godfrey asked if the project would be phased due to the size of the building and the project. Pastor Morgan said the plan is to use the lower level and first floor in the beginning and that they look forward to opening an area to residents for office needs.
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 |