Minutes 08/18/2009 07:00:00 PM

INVOCATION

1. Rev. Ray Brandon, Battle Creek Police Department Chaplin.
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Rev. Brandon was absent and a moment of silence was observed.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Chris Simmons.

PROCLAMATIONS/AWARDS

1. Beautiful Battle Creek Awards
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CHAIR NOTES ADDED OR DELETED RESOLUTIONS

Clerk Laser noted there were no added or deleted resolutions.

PUBLIC COMMENT REGARDING CONSENT AGENDA
There was none.

COMMISSION COMMENT REGARDING MEETING BUSINESS

There was none.

CONSENT AGENDA

1. August 4, 2009 Battle Creek City Commission Meeting
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2. City Manager's August 18, 2009, Agenda Report
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3. Ambulance Report for the month of July 2009.
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193. A Resolution appointing members to a City Commission Committee on Meeting Rules.
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195. A resolution appointing a new member to the Fremont/McKinley/Verona Neighborhood Planning Council.
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196. A Resolution approving a request from Donald L. Maun to transfer ownership of an escrowed 2009 Class C & SDM licensed business with dance permit located at 517 E. Michigan Avenue. (Step 2)
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A Resolution approving a request from Donald L. Maun to transfer ownership of an escrowed 2009 Class C & SDM licensed business with dance permit located at 517 E. Michigan Avenue. (Step 2)

197. A Resolution approving an Industrial Facilities Exemption Certificate on behalf of II Stanley Co., Inc. for real and tangible personal property located at 1500 Hill-Brady Road in Industrial District #2, and having an estimated cost of $10,274,561.
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A Resolution approving an Industrial Facilities Exemption Certificate on behalf of II Stanley Co., Inc. for real and tangible personal property located at 1500 Hill-Brady Road in Industrial District #2, and having an estimated cost of $10,274,561.

198. A resolution authorizing the City Manager to execute a lease agreement between the City of Battle Creek and MetroPCS Michigan, Inc. to permit the installation and maintenance of certain equipment and facilities at 911 River Road.
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A resolution authorizing the City Manager to execute a lease agreement between the City of Battle Creek and MetroPCS Michigan, Inc. to permit the installation and maintenance of certain equipment and facilities at 911 River Road.

200. A Resolution authorizing the City Manager to accept a grant, in the amount of $949,790.00, from the U.S. Department of Justice, Office of Community Oriented Policing Services and to establishing the appropriate budget in New World Project Accounting business unit 3305 police grants CHRPBC
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A Resolution authorizing the City Manager to accept a grant, in the amount of $949,790.00, from the U.S. Department of Justice, Office of Community Oriented Policing Services and to establishing the appropriate budget in New World Project Accounting business unit 3305 police grants CHRPBC

201. A Resolution recognizing Safe Place as a non-profit civic organization in the community.
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202. A Resolution setting an Public Hearing for September 1, 2009, for the purpose of hearing public comments on the 2008-2908 Consolidated Annual Performance Evaluation Report (CAPER).
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A Resolution setting an Public Hearing for September 1, 2009, for the purpose of hearing public comments on the 2008-2908 Consolidated Annual Performance Evaluation Report (CAPER).

Comm. Godfrey removed Resolution 194 and Comm. Hersha removed Resolution 199 from the Consent Agenda. These resolutions were placed on the regular agenda.

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

There were none.

RESOLUTIONS

194. A Resolution appointing members to the City Attorney Evaluation/Salary Review Committee.
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Motion to approve

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

Comm. Godfrey discussed a committee formed to review the City Attorney Evaluation process.

City Attorney Wicklund determined that the committee was incorrectly formed and requested this resolution. Comm. Godfrey had attended a meeting prior to this decision and was surprised to see that he was not listed as a committee member, presumably because he is not running for relection. Using this same logic, he objected to Resolution 194 because it includes members that are also facing expired terms.

Mayor Behnke stated that there was an error with 193 because he had requested that Hersha and Godfrey be put on the committee. He apologized and indicated that he did not take Godfrey off the committee. He suggested amending Resolution 193 to appoint Godfrey.

Comm. Godfrey said he approved of Baldwin's appointment instead, but still objected to Mayor Behnke's appointment to the committee. Comm. Godfrey agreed to leave the committee as is and suggested that he be invited to attend meetings for the rest of his term.

Comm. Simmons asked if the committee expects recommendations regarding the attorney's evaluation and salary review before the end of this current Commission term. If not, he agrees with Comm. Godfrey.

Comm. Hersha said the process is underway and a meeting is scheduled. He said Mayor Behnke has been an asset to the committee and recommends his reappointment.

Vote to approve Resolution 194

Votes For = 7
Susan Baldwin City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner

Votes Against = 2
John Godfrey City Commissioner
Diane Thompson City Commissioner

MOTION APPROVED

199. A resolution authorizing the City Manager to execute a Downtown Urban Revitalization grant agreement with the Michigan Economic Development Corporation.
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A resolution authorizing the City Manager to execute a Downtown Urban Revitalization grant agreement with the Michigan Economic Development Corporation.

Comm. Hersha expressed concern about the commission not being informed earlier about this grant, especially given his expressed concerns about the downtown redevelopment project to administration.

Mr. Ritsema explained that the grant was applied for by Battle Creek Unlimited and that the City was included as a pass through agency.

Ms. Wicklund stated that an employee leaving BCU created a short timeline for processing the grant.

Comm. Hersha stated he feels this was a lack of communication between administration and the City Commission.

Comm. Godfrey asked if Comm. Hersha was aware that City Manager Tsuchiyama sent a communication a few days ago explaining this situation and the resulting short notice.

Comm. Hersha said yes, but the agreement was entered into prior to the notification. He stated that it is important to discuss this process publicly.

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

203. A Resolution supporting the implementation of high speed rail service along the Chicago - Detroit High Speed Rail Corridor, along with an MDOT grant application to the Federal Rail Administration ( FRA ) requesting rail stimulus funds to make improvements to the Battle Creek Intermodal Facility
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A Resolution supporting the implementation of high speed rail service along the Chicago - Detroit High Speed Rail Corridor, along with an MDOT grant application to the Federal Rail Administration ( FRA ) requesting rail stimulus funds to make improvements to the Battle Creek Intermodal Facility

Comm. Simmons expressed concerns on behalf of the Battle Creek Area Transportation Committee regarding the possible diversion of local transportation funding to be used for a political agenda supporting high speed rail. He supported high speed rail, but not the diversion of local money.

Mr. Jerry Hutchison expressed staff support for this application as it will be a good opportunity to improve the intermodel building. He said there are no guarantees and that the decision will be made by the Federal Rail Association. MDOT is looking for information from localities about improvement needs, as well as support for the high speed rail.

Comm. Simmons stated concerns that the funding is not significant enough to do what is desired. He stated concern that we not commit ourselves to a process that would put other funding in jeopardy.

Mr. Hutchison said as far as he could tell this process will not affect other funding. This resolution authorizes information to be submitted only. At a point when funding was allocated the Commission would have the opportunity to vote.

Comm. Hersha expressed his excitement for high speed rail and its economic development opportunities for Battle Creek if a stop is located here.

Comm. Yankama expressed concerns with MDOT's work on Riverside.

Vice Mayor Walker asked for specifics on facility improvements.

Mr. Hutchison said concepts for improvements have been listed, and that extensive overhaul of the interior and exterior is planned, if budget allows but detailed drawings are still in development.

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

204. A resolution receiving the Community Vision developed by the Resident Leadership Coalition.
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A resolution receiving the Community Vision developed by the Resident Leadership Coalition.

GENERAL PUBLIC COMMENT

There was none.

COMMISSION COMMENTS

Comm. Yankama thanked Mary Smith. Jerry Hutchison and other staff for assistance.

ADJOURNMENT

Mayor Behnke adjourned the meeting at 7:47 p.m.

	Meeting Date:	Tue August 18, 2009 07:00 PM
	Location:	Commission Chambers City Hall
	Chair:	Mark Behnke - 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 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 Hutchison, Jerry - Transit Manager Laser, Deidre - City Clerk Reen, Michelle - Deputy City Clerk Ritsema, James - Assistant City Manager/Finance Director Steele, Jill - Assistant City Attorney