City Commission Meeting 10.21.2014

Agenda: Battle Creek City Commission
Meeting Date: October 21, 2014- 7:00 PM

Location: Commission Chambers City Hall
Chair: Dai! "# $alters, Mayor
%itle: Pre&are! by Michelle 'e!man
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAATION! A"ARD!
(ea)ti*)l (attle Cree+ ",ar!s
C#AIR NOTE! ADDED OR DELETED RE!OL$TION!
P$BLIC COENT! REGARDING CON!ENT AGENDA
-Limite! to three min)tes &er in!ii!)al.
COI!!ION COENT REGARDING EETING B$!INE!!
CON!ENT AGENDA
Minutes:
City Commission Min)tes *or 'eg)lar Commission Meeting
on October 7, 2014
City Manager /earch Committee Min)tes 0)ne 1, 2014#
City Manager /earch Committee Min)tes 0)ne 11, 2014#
City Manager /earch Committee Min)tes ")g)st 14, 2014
2thics Policy 'eie, Committee Min)tes ")g)st 11, 2014
(icycle "!isory Committee Min)tes 0)ly 17, 2014
(attle Cree+ %ransit Local "!isory Committee Min)tes
0)ne 10, 2014
(attle Cree+ %ransit Local Coor!inating Co)ncil Min)tes
0)ne 10, 2014
Petitions, Communications, Reports:
City Manager3s 'e&ort *or October 21, 2014
Resolutions:
271
" 'esol)tion a&&roing the (yrne Criminal 0)stice
4nnoation Planning 5rant n)mber 2014-"0-(6-0004
a)thori7ing the City Manager to sign the a,ar! !oc)ment
*or the amo)nt o* 89:,2;0 *rom the <#/# De&artment o*
0)stice, O**ice o* 0)stice Programs#
272
" 'esol)tion rene,ing membershi&s *or Minges
(roo+='iersi!e >eighborhoo! Planning Co)ncil ->PC
?11.#
27:
" 'esol)tion a&&ointing ne, members to the Minges
(roo+='iersi!e >eighborhoo! Planning Co)ncil ->PC
?11.#
274
" 'esol)tion a&&ointing City Manager 'ebecca L# @le)ry as
the City o* (attle Cree+ re&resentatie on the Local 'een)e
/haring (oar! as i!enti*ie! in the "men!ment to the %ribal
5aming Com&act bet,een the /tate o* Michigan an! the
>otta,ase&&i H)ron (an! o* Pota,atomi 4n!ians#
PETITION! CO$NICATION! REPORT!
ADOPTION OF ORDINANCE!
271
" 'esol)tion a!o&ting Or!inance 09-2014 creating a ne,
Cha&ter o* the City3s Co!i*ie! Or!inances to be +no,n as
Cha&ter 410 O**-'oa! Aehicles -O'As.#
RE!OL$TION!
27;
" 'esol)tion a)thori7ing the City Manager to eBec)te
!rainage easements *or &)r&oses o* establishment,
constr)ction, o&eration, maintenance, an! im&roement o*
the Minges (roo+ Drain ProCect (y&ass Channel#
277
" 'esol)tion a)thori7ing a change or!er *or $aste,ater
%reatment Plant /oli!s Han!ling ()il!ing *rom L#D# Dosca
D "ssociates, 4nc# in a not-to-eBcee! amo)nt o*
81:1,;90#E1#
279
" 'esol)tion a)thori7ing the City Manager to eBec)te a
*ie-year contract *or the (attle Cree+ Police De&artment to
&roi!e (e!*or! Charter %o,nshi& ,ith &olice serices#
GENERAL P$BLIC COENT
-Limite! to three min)tes &er in!ii!)al.
COI!!ION COENT!
AD%O$RNENT
Citi7ens ,ho ,ish to a!!ress a s&eci*ic iss)e on the *loor may !o so at any time a*ter being recogni7e! by
the Mayor or &resi!ing Commission# "t the time *or &)blic comments, a*ter being &ro&erly recogni7e!,
citi7ens may a!!ress the commission on any s)bCect# Citi7ens ,ill be s)bCect to the *ollo,ing limitations:
1# Citi7en comments on any 'esol)tion be*ore the Commission may be ma!e either be*ore or a*ter
the Commissioners hae ha! an o&&ort)nity to !isc)ss the 'esol)tion, at the !iscretion o* the
ChairF
2# Citi7ens ,ishing to s&ea+ to a &artic)lar 'esol)tion sho)l! raise their han!s an! ,ait to be
recogni7e! be*ore s&ea+ingF
:# Citi7ens ,ill con*ine their remar+s to matters c)rrently &en!ing on the *loor, an! be brie* an!
concise in ma+ing their remar+sF
4# 4* a citi7en becomes re&etitie or, in the o&inion o* the Chair, ta+es an inor!inate amo)nt o* time in
ma+ing comments, that citi7en ,ill be r)le! o)t o* or!er an! the Commission ,ill contin)e ,ith its
b)sinessF
1# Citi7ens sho)l! a!!ress all remar+s to the Commission as a ,hole, an! not to in!ii!)al
Commissioners#
%hese ')les ,ill a&&ly to comments by citi7ens !)ring the P)blic Comment section o* the "gen!a#
%he City o* (attle Cree+ ,ill &roi!e necessary, reasonable, a)Biliary ai!s an! serices, s)ch as signers
*or the hearing im&aire!, an! a)!iota&es o* &rinte! materials being consi!ere! in the meeting, )&on seen
!ays3 notice to the City o* (attle Cree+# 4n!ii!)als ,ith !isabilities reG)iring a)Biliary ai!s or serices,
sho)l! contact the City o* (attle Cree+ by ,riting or calling the *ollo,ing:
Aictoria Ho)ser
O**ice o* the City Cler+
Post O**ice (oB 1717
(attle Cree+, Michigan 4E01;
2;E=E;;-::49 -Aoice.
2;E=E;;-::49 -%DD.

General Detail
NO.
Beautiful Battle Creek Awards
BATTLE CREEK, MICHIGAN - 10/21/2014
NPC #1 Nomination
None

NPC #2 Nomination
!om"son# $a%nolia
&' ( Goodale A)e
(ard # 2

NPC #& Nomination
*andall# *i+!ard C
*andall# ,dwina -
& . /a0ista Bl)d
(ard # 4

-i%!land A)e 1amil2 Dentistr2 P/C
10' -i%!land A)e
(ard #4

NPC #4 Nomination
3ello%% Communit2 Colle%e
4'0 Nort! A)enue
(ard # 2

NPC #' Nomination
(ood# /ionel ,
214 3ello%% .t
(ard # 1

NPC #4 Nomination
None

NPC #10 Nomination
None

NPC #11 Nomination
None

Battle Creek Cit2 Commission
10/21/2014
Action Summary
Staff Member: eresa /. Poole
e!artment: Code Com"lian+e
S"MMAR#
Beautiful Battle Creek Awards
B"GETAR# C$NSIERATI$NS

HIST$R#, BACKGR$"N an% ISC"SSI$N

ISC"SSI$N $& THE ISS"E

'$SITI$NS
AAC-$,N.5
1ile Name Des+ri"tion
35_W_Goodale_Ave.pdf 35 W Goodale Ave
3_S_Lavista_Blvd.pdf 3 S Lavista Blvd
105_Highland_Ave.pdf 105 Highland Avenue
450_Noth_Avenue.pdf 450 Noth Avenue
!1"_#ellogg_St.pdf !1" #ellogg St

General Detail
NO.
City Commission Minutes for Regular Commission Meeting on October 7, 2014
BATTLE CREEK, MICHIGAN - 10212014

!attle Cree" City Commission
10212014
Action Summary
Staff Member: Mic#elle Re$man
e!artment: City Manager
S"MMAR#
City Commission Minutes for Regular Commission Meeting on October 7, 2014



'$SITI$NS
%&&%C'M(N&)*
+ile Name Descri,tion
City_Commission_Minutes_for_Regular_Commission_Meeting_October_7__2014.pdf
City Commission Minutes for Regular Commission
Meeting on October 7, 2014

Agenda: Battle Creek City Commission
Meeting Date: October 7, 2014- 7:00 PM
Location: Commission Chambers City Hall
Chair: Dai! "# $alters, Mayor
%itle: Pre&are! by Michelle 'e!man
ATTENDANCE
Mayor Dae $alters 'ebecca (le)ry, City Manager
*ice Mayor Deb O+ens ,)san -e!sole, .nterim "ssistant City Manager
Commissioner ,)san -al!+in /ill ,teele, City "ttorney
Commissioner Mar0 -ehn0e *ictoria Ho)ser, City Cler0
Commissioner /e11 Domenico /im -loc0er, Police Chie1
Commissioner Lynn 2ray 3en 3ohs, 4tility Director
Commissioner "n!y Helmbol!t -ra! ,ysol, De&)ty City "ttorney
Commissioner Dean 5e+some
Commissioner Mi0e ,her6er
INVOCATION
PLEDGE OF ALLEGIANCE
%he Ple!ge o1 "llegiance +as le! by 'ebecca (le)ry, City Manager#
CHAI NOTE! ADDED O DELETED E!OL"TION!
%here +ere no a!!e! or !elete! resol)tions#
P"BLIC CO##ENT! EGADING CON!ENT AGENDA
Dai! Moore, 102 %aylor "e, e7&resse! his o&inion some o1 the resol)tions sho)l! not be on the
Consent "gen!a#
8Limite! to three min)tes &er in!ii!)al9
CO##I!!ION CO##ENT EGADING #EETING B"!INE!!
%here +ere no Commission comments#
CON!ENT AGENDA
Motion to "&&roe
Moe! -y: "5D: H;LM-OLD%
,)&&orte! -y: D;"5 5;$,OM;

"yes: -"LD$.5, -;H53;, DOM;5.CO, 2'":, H;LM-OLD%, 5;$,OM;, O$;5,, ,H;'<;',
$"L%;',#

MO%.O5 P",,;D

Minutes:
City Commission Min)tes 1or 'eg)lar Commission Meeting on ,e&tember 1=, 2014
Petitions, Communications, Reports:
City Manager 'e&ort 1or October 7, 2014
"mb)lance 'e&ort /)ly 2014
"mb)lance 'e&ort ")g)st 2014
Resolutions:
2=1
" 'esol)tion a)thori6ing the City Manager an! the ;mergency ,erices Coor!inator
to enter into a (: 2014 ;mergency Management Per1ormance 2rant "greement
8;MP29 +ith the Michigan ,tate Police ;mergency Management Homelan! ,ec)rity
Diision#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

"yes: -"LD$.5, -;H53;, DOM;5.CO, 2'":, $"L%;',, H;LM-OLD%, 5;$,OM;,
O$;5,, ,H;'<;'#

MO%.O5 P",,;D

2=>
" 'esol)tion a)thori6ing a contract +ith /ac0 Doheny Com&anies, .nc# 1or the
&)rchase an! installation o1 $achs +ater )tility ale maintenance e?)i&ment in a
not-to-e7cee! amo)nt o1 @7A,B=7#>B#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

2=2
" 'esol)tion a)thori6ing a contract 1or Phase . constr)ction management serices 1or
Police De&artment renoations 1rom ,ch+eit6er .ncor&orate!, in a not-to-e7cee!
amo)nt o1 @B,720#00#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

2=B
" 'esol)tion a&&ointing ne+ members to the 4rban!ale 5eighborhoo! Planning
Co)ncil 85PC CB9#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

2=4
" 'esol)tion a&&ointing 'ebecca L# (le)ry to ario)s -oar!s o1 Directors to sere on
in her ca&acity as City Manager#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

PETITION! CO##"NICATION! EPOT!
%here +ere no &etitions, comm)nications or re&orts#
INTOD"CTION OF ODINANCE!
D-14
" &ro&ose! or!inance a!o&ting a ne+ Cha&ter o1 the CityEs Co!i1ie! Or!inances to be
0no+n as Cha&ter 4B0 O11-'oa! *ehicles 8O'*s9#
Motion to "men!
,)&&orte! -y: D;"5 5;$,OM;

/ohn Com&ton, ,)mmer ,treet, than0e! the City "ttorney, *ice Mayor O+ens an! Comm# ,her6er 1or
their +or0 on the or!inance#

Dai! ,arachic0, 201 $inter ,treet, than0e! *ice Mayor O+ens an! City "ttorney /ill ,teele 1or their
+or0 on the or!inance, stating they 0e&t their &romise to reie+ the City or!inances to allo+ the O'*s to
&lo+ neighborsE si!e+al0s an! !rie+ays !)ring the +inter#

*ice Mayor O+ens !isc)sse! the reasons the c)rrent or!inance nee!e! to be amen!e!, noting the
amen!ment 1ollo+s state g)i!elines also# *ice Mayor O+ens than0e! Ms# ,teele 1or her +or0 on the
changes, noting seeral changes +ere ma!e a1ter !isc)ssions +ith resi!ents an! &ro1essionals#

Comm# Helmbol!t as0e! +hether the time limits o1 5oember 1st thro)gh "&ril 1st +ere s)11icient,
noting both early an! late season sno+ storms in Michigan# Comm# Helmbol!t recommen!e! changing
the time 1rames 1rom October thro)gh "&ril#

Comm# -ehn0e recommen!e! the City attorney &roi!e a resol)tion to the amen!ment to allo+ O'*s to
&lo+ si!e+al0s an! !rie+ays !)ring sno+ emergencies#

Ms# ,teele recommen!e! a motion to amen! the !ates on the or!inance intro!)ction#

Comm# Domenico as0e! i1 !ates +ere nee!e! as the &)r&ose that allo+s O'*s on the roa! +as s&eci1ic to
sno+ remoal on the si!e+al0s an! !rie+ays#

Chie1 -loc0er note! the !ate range nee!e! to be s&eci1ic so that it may be en1orce!, as the O'* co)l!
meet all the other re?)irements#

" motion +as ma!e by Comm# Helmbol!t, s)&&orte! by Comm# 5e+some, to amen! the or!inance
intro!)ction to be a&&licable 1rom October 1st to May 1st o1 eery year#

Comm# ,her6er note! the or!inance intro!)ction s&eci1ies the &)r&ose o1 sno+ remoal, noting that i1
someone +as !oing something other than sno+ remoal, the or!inance co)l! be en1orce!#

Ms# ,teele state! the or!inance nee!e! to s&eci1y sno+ remoal 1rom si!e+al0s an! !rie+ays, noting it
!i! not incl)!e streets, as this +as the res&onsibility o1 DP$#

Comm# 5e+some as0e! i1 a !ate +as necessary as the e7&ress &)r&ose +as only 1or sno+ remoal#

Chie1 -loc0er note! the s&eci1ics o1 the amen!e! or!inance remoes any ambig)ity, so that the Police !o
not nee! to ma0e any F)!gement calls, stating the s&eci1ic re?)irements meet the intent o1 the or!inance
+hile allo+ing the Police De&artment to 0ee& the City sa1e#

Comm# 2ray e7&resse! her s)&&ort o1 the a!!itional !ays, noting sno+ storms are )n&re!ictable in
Michigan#

*ice Mayor O+ens note! O'*s are allo+e! to be on the roa!s at other times, as long as they stay on the
right si!e o1 the roa! an! stay +ith the 1lo+ o1 tra11ic#

$"L%;',#

MO%.O5 P",,;D

Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

A-14
" &ro&ose! or!inance to amen! sections 212#028G*..98198b9 thro)gh 8e9 o1 the ')les
o1 Proce!)re an! 212#0B8b981B9 o1 the Co!e o1 ;thics 1or the -attle Cree0 City
Commission#
Motion to to Post&one
Moe! -y: ,4,"5 -"LD$.5
,)&&orte! -y: /;(( DOM;5.CO

/ohn Com&ton than0e! *ice Mayor O+ens an! Comm# ,her6er 1or moing these changes along#

")t)mn ,mith, == Massach)setts, re?)este! clari1ication on the or!inance amen!ment, stating she 1elt it
+as a con1lict o1 interest to hae the Mayor or *ice Mayor co)nsel other Commissioners, noting they !o
not hol! a higher &osition than other Commissioners, stating the titles are sim&ly honorary#

Dai! Moore e7&resse! concern the changes +ere to re!)ce &)blic comment time limits#

;li6abeth ()lton, resi!ent o1 -attle Cree0, state! she +as con1)se! +hy the changes to &)blic
comment time limits an! ethics &olicy iolations +as coming be1ore the Commission, stating &ast
committees ha! !isc)sse! both o1 these s)bFects an! agree! changes +ere not necessary# Ms# ()lton
re?)este! the Commission &ost&one the intro!)ction o1 the amen!e! or!inance to allo+ more clarity on
the changes#

Dai! ,arachic0 e7&resse! his o&inion the changes +ill limit resi!ents ability to s&ea0, stating this action
+ill not enco)rage resi!ents to atten! the meetings#

Comm# Domenico than0e! the Committee 1or their +or0, stating he !i! not agree +ith the amen!ments,
stating it &res)mes the allege! Commissioner is alrea!y g)ilty# Comm# Domenico e7&resse! his o&inion
allege! iolations sho)l! be bro)ght o)t &)blicly, stating he !oes not agree +ith 'obertEs ')les regar!ing
the han!ling o1 ethics iolations, stating he also 1elt the Commission sho)l! al+ays act as a bo!y# Comm#
Domenico also e7&resse! his !isagreement +ith the 10 min)te time limit to res&on! to allegations, stating
he has neer seen time limits on the Commissioners# "s to the > min)te &)blic comment time limit,
Comm# Domenico note! seeral &reio)s Committees ha! consi!ere! e7ten!ing the time limit, b)t agree!
the time +as s)11icient, stating he !i! not beliee a!!itional time +as necessary, noting the
Commissioners an! a!ministration +ere al+ays accessible an! aailable 1or resi!ents to tal0 to abo)t their
concerns#

Comm# 2ray note! the c)rrent meeting r)les allo+e! the Mayor to &roi!e a!!itional &)blic comment
time, stating the Committee +ante! to o&en this )& to allo+ the 1)ll Commission to a&&roe
a!!itional comment time, noting the changes +ere not re!)cing any &)blic comment time# Comm# 2ray
note! a!!itional changes to &)blic comment +ere !isc)sse! at a later Committee meeting# Comm# 2ray
also note! the c)rrent meeting r)les allo+e! the Mayor, *ice Mayor or > Commissioners to re?)est a
&)blic hearing, noting a resol)tion 1or a &)blic hearing +o)l! nee! to be a&&roe! by a maFority o1 the
Commission# Comm# 2ray also note! the amen!ment regar!ing co)nseling +as to ma0e a Commissioner
a+are o1 a &otential &roblem they may not be a+are o1# Comm# 2ray recommen!e! the Committee an!
the City "ttorney contin)e to +or0 on the amen!e! or!inance, &ost&oning the intro!)ction to a later
meeting#

" motion +as ma!e by Comm# -al!+in, s)&&orte! by Comm# Domenico, to &ost&one the intro!)ction o1
the or!inance amen!ment to the 5oember 1D, 2014 Commission meeting#

O$;5,, ,H;'<;'#

MO%.O5 P",,;D

E!OL"TION!
2==
" 'esol)tion a)thori6ing a rene+al o1 e7cess liability ins)rance +ith Catlin ,&ecialty
.ns)rance Com&any an! "merican "lternatie .ns)rance Cor&, 1or one year beginning
10-1-2014 at a cost o1 @2>4,AD2#00#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

$"L%;',#

MO%.O5 P",,;D

2=7
" 'esol)tion a)thori6ing legal signat)res in the absence o1 the City Manager#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

$"L%;',#

MO%.O5 P",,;D

2=D
" 'esol)tion amen!ing the membershi& g)i!elines 1or the -icycle "!isory
Committee#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

$"L%;',#

MO%.O5 P",,;D

2=A
" 'esol)tion a&&ointing an! rea&&ointing members to the -icycle "!isory
Committee#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

Mayor $alters state! the -icycle "!isory Committee agree! to a!! another b)siness o+ner to the
Committee, noting Mr# Miller +as the o+ner o1 C)lerEs 'esta)rant, not a cycling b)siness# Mayor
$alters also note! the Committee +as trying to ma0e s)re a re&resentatie 1rom each +ar! +as on the
Committee#

$"L%;',#

MO%.O5 P",,;D

270
" 'esol)tions setting a Close! ,ession on a legal matter imme!iately 1ollo+ing the
'eg)lar Commission meeting#
Motion to "&&roe
,)&&orte! -y: D;"5 5;$,OM;

$"L%;',#

MO%.O5 P",,;D

GENEAL P"BLIC CO##ENT
'eece "!0ins, BD Harris, e7&resse! concern the &e!estrian signs at Dic0man an! McCamly +ere not
+or0ing &ro&erly, stating this co)l! &ose a sa1ety iss)e 1or resi!ents trying to get to the ,hare Center#

/ohn Com&ton state! that as the &)r&ose o1 the or!inance amen!ment +as s&eci1ically 1or sno+ &lo+ing,
i1 the O'* !i! not hae a sno+ bla!e, the !rier sho)l! receie a tic0et# "s to the > min)te time limit,
Mr# Com&ton state! the City o1 3alama6oo allo+s 4-B min)tes 1or &)blic comment#

Dai! ,arachic0 sho+e! &ict)res o1 tires an! a !)m&ster at a t)rnaro)n! on Dic0man 'oa!, as0ing the
City !o something abo)t &)blic !)m&ing# Mr# ,arachic0 also !isc)sse! the &roblems he has ha! +ith his
+ater meter, as0ing +hen it +as antici&ate! to be 1i7e!# Mr# ,arachic0 +elcome! the ne+ City Manager,
e7&ressing his ho&e she +ill t)rn things aro)n!#

Dai! Moore e7&resse! his o&inion resi!ents sho)l! be allo+e! time to s&ea0, stating more time sho)l!
be allo+e!#

-ettie 'obertson, 12B ;# 5orthsi!e Drie, state! she !oes not )n!erstan! the monthly monitoring 1ee 1rom
the Co!e Com&liance De&artment, stating she maintains her &ro&erties an! has installe! an alarm on the
&ro&erty, stating the co!e !oes not enco)rage inestment in acant &ro&erties in the City#

,am 2ray, 24B .ring Par0 Drie, +elcome! the ne+ City Manager, an! than0e! ,)san -e!sole 1or
ste&&ing into the role 1or the last si7 months# Mr# 2ray e7&resse! his a&&reciation to Ms# -e!sole 1or her
hel& +ith ,hellbo)rne Par0 an! other acant &ro&erties# Mr# 2ray inite! eeryone to a Can!i!ate (or)m
on October 20, 2014, 1rom B:00 to 7:>0 &m at (irst 4nite! Metho!ist Ch)rch, +ith the can!i!ates 1or the
=2n! District 'e&resentatie in the ,tate Legislat)re#

")t)mn ,mith +elcome! the ne+ City Manager, stating the City has a lot o1 &otential, stating resi!ents
+ere loo0ing 1or honesty, integrity an! tr)st#
8Limite! to three min)tes &er in!ii!)al9
CO##I!!ION CO##ENT!
Comm# Helmbol!t re?)este! that someone chec0 on the &e!estrian lights at Dic0man an! McCamly, also
re?)esting Mr# 3ohs &roi!e an )&!ate on the ne+ +ater meter &roFect#

Chie1 -loc0er state! he contacte! the City ;ngineer to loo0 into the &roblems +ith the &e!estrian lights,
stating he +ill research the acci!ent history at the intersection o1 McCamly an! Dic0man#

Mr# 3ohs state! the 4tility De&artment is trying to ta0e care o1 the meter rea! &roblems, stating the City is
in the &rocess o1 obtaining a 1re?)ency license 1rom the (CC an! the Cana!ian 2oernment, stating they
co)l! not &rogram the transmission bo7es )ntil they hae receie! the a&&roal, stating many other
Michigan m)nici&alities are e7&eriencing the same &roblems#

Comm# Helmbol!t state! the n)mero)s tires may be 1rom the rier clean)& the &rior +ee0en!, as0ing
+hat resi!ents sho)l! !o i1 they see someone !)m&ing tires#

,)san -e!sole, .nterim "ssistant City Manager, recommen!e! resi!ents call A11 i1 they see the !)m&ing
occ)rring, b)t i1 they !o not see the &erson !)m&ing, they sho)l! re&ort the !ebris to the Co!e
Com&liance De&artment#

Comm# Helmbol!t note! that in a!!ition to the com&)ter &lace! in the lobby o)tsi!e Commission
Chambers, the City Cler0 also ha! a co&y o1 the com&lete agen!a, +ith attachments, at her !es0, noting
resi!ents co)l! go to the City Cler0Es o11ice to reie+ the agen!a# Comm# Helmbol!t also recommen!e!
Ms# 'obertson contact Ms# -e!sole regar!ing the &ro&erty monitoring 1ees#

Mayor $alters than0e! Ms# -e!sole 1or her serice an! !e!ication the last = months, also +elcoming Ms#
(le)ry, stating he loo0e! 1or+ar! to +or0ing together#
AD$O"N#ENT
Mayor $alters a!Fo)rne! the meeting at D:2> PM#
CLO!ED !E!!ION
Citi6ens +ho +ish to a!!ress a s&eci1ic iss)e on the 1loor may !o so at any time a1ter being recogni6e! by
the Mayor or &resi!ing Commission# "t the time 1or &)blic comments, a1ter being &ro&erly recogni6e!,
citi6ens may a!!ress the commission on any s)bFect# Citi6ens +ill be s)bFect to the 1ollo+ing limitations:
1# Citi6en comments on any 'esol)tion be1ore the Commission may be ma!e either be1ore or a1ter
the Commissioners hae ha! an o&&ort)nity to !isc)ss the 'esol)tion, at the !iscretion o1 the
ChairH
2# Citi6ens +ishing to s&ea0 to a &artic)lar 'esol)tion sho)l! raise their han!s an! +ait to be
recogni6e! be1ore s&ea0ingH
># Citi6ens +ill con1ine their remar0s to matters c)rrently &en!ing on the 1loor, an! be brie1 an!
concise in ma0ing their remar0sH
4# .1 a citi6en becomes re&etitie or, in the o&inion o1 the Chair, ta0es an inor!inate amo)nt o1 time in
ma0ing comments, that citi6en +ill be r)le! o)t o1 or!er an! the Commission +ill contin)e +ith its
b)sinessH
B# Citi6ens sho)l! a!!ress all remar0s to the Commission as a +hole, an! not to in!ii!)al
Commissioners#
%hese ')les +ill a&&ly to comments by citi6ens !)ring the P)blic Comment section o1 the "gen!a#
%he City o1 -attle Cree0 +ill &roi!e necessary, reasonable, a)7iliary ai!s an! serices, s)ch as signers
1or the hearing im&aire!, an! a)!iota&es o1 &rinte! materials being consi!ere! in the meeting, )&on seen
!aysE notice to the City o1 -attle Cree0# .n!ii!)als +ith !isabilities re?)iring a)7iliary ai!s or serices,
sho)l! contact the City o1 -attle Cree0 by +riting or calling the 1ollo+ing:
*ictoria Ho)ser
O11ice o1 the City Cler0
Post O11ice -o7 1717
-attle Cree0, Michigan 4A01=
2=AIA==->>4D 8*oice9
2=AIA==->>4D 8%DD9

General Detail
NO.
City Manager Search Committee Minutes June 5, 2014.

!attle Cree" City Commission
10212014
Action Summary
Staff Member: Michelle #e$man
S"MMAR#



'$SITI$NS
%&&%C'M(N&S)
*ile Name Descri+tion
City_Manager_Search_Committee_June_5_2014.pdf City Manager Search Committee Minutes June 5, 2014

1
City Manager Search Committee
City Hall Room 302A
10 N. Division St.
Battle Creek, MI
June 5, 2014
5:00 PM

Present: Vice Mayor Deb Owens (5:23), Commissioners Susan Baldwin and Mike Sherzer

Absent: Commissioner Dean Newsome

Staff Present: Paul Engels, Vicki Houser, Jessica Vanderkolk

Guests Present: Laura Otte, Beacon Community and Amanda Lankerd, Project 20/20

Call to Order: 5:02 PM

Public Comment: There were no public comments.

Approval of Minutes:

A motion was made by Vice Mayor Owens, supported by Commissioner Sherzer, to approve
the May 22, 2014 City Manager Search Committee minutes, with a correction to the time of
adjournment. All yes, none opposed. Motion approved.

Committee Discussion:

Public Input Meetings

I. Community Input

a. Community Conversations Beacon Community & Project 20/20

Laura Otte, Beacon Community, provided the draft report from the City
Manager Search Community Conversations, noting the report included a
summary of some of the themes or concerns discussed at the sessions.

Amanda Lankerd, Project 20/20, also noted the number of attendees who made
comments regarding themes, aspirations, key skills and qualities, and what they
would like people to know about Battle Creek.

Comm. Sherzer complimented the reports, noting the demographics were what
the committee was looking for, noting also that some segments were under
represented.

Comm. Baldwin also complimented the reports, expressing her appreciation of
the comments page, as this provided the stronger themes, noting some
comments are big picture items, while others are very specific.

Ms. Otte invited the Committee, along with all of the Commissioners, to
participate in an Innovation Space, involving a 4 question conversation around
what they have learned through the conversations, to provide follow through,
and to discuss how it feels as a committee to go through this process. Ms. Otte
stated this provides the Committee an opportunity to discuss future decisions,
providing some useful information on future information gathering, and an
opportunity to learn from the experience.

2

b. Online and Utility Billing Surveys
Ms. Vanderkolk provided reports to the Committee, summarizing the online and
utility billing surveys, noting the top themes mirrored the conversation sessions.
Ms. Vanderkolk noted the reports were drafts as the last day for the surveys was
Monday, June 9, 2014. Ms. Vanderkolk noted there were 83 online responses
and over 200 water billing responses, stating the water billing responses were
mainly from residents over 50 years of age.

Comm. Baldwin stated she was pleased the combined participation in the
surveys and the community conversations was over 400, asking the Committee
if they would recommend incorporating the online and utility survey data with
the session data.

Ms. Otte stated the Beacon Community and Project 20/20 continued to promote
the online survey.

Ms. Lankerd recommended the Committee report back to the Community how
the information was used to create the profile of the next City Manager.

II. Update on GovHR USA

Mr. Engels stated Mr. Nollenbergers staff would be reviewing all submitted
resumes, evaluating those using set criteria, and then when they have narrowed
the field of candidates, he would be meeting with the Committee. Mr. Engels
stated he expected 40-50 applications, noting that upon review half would be
removed from consideration, stating GovHR USA would then perform Skype
interviews, narrowing the number of candidates to 10-12. Mr. Engels stated the
Commission would then select 5-6 candidates to move on, stating they could
add additional questions for candidates as other cities have, then narrowing to 2-
3 final candidates. Mr. Engels requested the Commission keep the candidates
names confidential until they had determined the finalists. Mr. Engels asked the
Committee if they would like to have input on applicants that met the
qualifications, but were not chosen as the group was narrowed, confirming all
applications would be available upon request. Mr. Engels stated he would
provide the survey reports to Mr. Nollenberger to assist with the profile. Mr.
Engels noted the profile provides a lot of information to the applicants on the
opportunities and challenges in our community.

III. Candidate Profile

Mr. Engels provided a draft of the recruitment profile provided by Mr. Nollenberger.

a. Review of Draft Profile

Comm. Baldwin informed the Committee that Mr. Nollenberger needed the data
by June 12, 2014 so that the City Manager job description would be ready to
post online. Comm. Baldwin complimented the City Government area of the
draft profile, recommending the Committee discuss the candidate qualification
criteria, suggesting they could also include a summary of the responses received
from the community conversations and the surveys.

3
Comm. Sherzer expressed a concern it may be difficult to find someone with all
of the qualifications.

Mr. Engels noted Mr. Nollenberger stated the profile will provide better
informed candidates than he has had with any other candidate search he has
done.

Comm. Baldwin requested Committee members review the community
conversation and online/water billing surveys, and add or consolidate valued
traits to the profile. Comm. Baldwin requested all surveys and the profile be
emailed to the members so that they could incorporate the information,
electronically highlight, add or edit information in the profile. Comm. Baldwin
noted the applicants could compare their background with the profile.

Comm. Sherzer confirmed the goal was to reduce the number of bullet points
and pages.

Comm. Baldwin requested Ms. Vanderkolk email the survey reports to the
committee members and to post them at the City Manager Search Committee
link on the City website.

Public Comment:

David Moore asked if there would be a final meeting with the public to discuss the survey
results.

Comm. Baldwin noted the surveys would not be presented at a public meeting, as they were
available online or by request. Comm. Baldwin stated the new City Manager, once chosen,
may want to hold a meeting to discuss the issues he/she will address.

Ms. Vanderkolk stated she would provide a press release announcing the survey reports
availability.

Next Meeting:

The City Manager Search Committee agreed to meet on Wednesday, June 11, 2014 at 12:00
pm in Room 302A.

Adjournment: The meeting was adjourned at 6:09 p.m.

General Detail
NO.

attle Cree! City Commission
10/21/2014
Action Summary
Staff Member: Michelle "e#man
S"MMAR#



'$SITI$NS
$%%$C&M'N%S(
)ile Name Descri*tion
City_Manager_Search_Committee_June_11_2014.pdf City Manager Search Committee Minutes June 11, 2014

1
City Hall Room 302A
10 N. Division St.
Battle Creek, MI
June 11, 2014
12:00 PM

Present: Commissioners Susan Baldwin and Mike Sherzer

Absent: Vice Mayor Deb Owens and Commissioner Dean Newsome

Staff Present: Paul Engels, Vicki Houser, Jessica Vanderkolk

Guests Present: Laura Otte, Beacon Community and Amanda Lankerd, Project 20/20

Call to Order: 12:01 PM



Approval of the minutes was postponed to the next meeting.


Public Input Meetings

I. City Manager Candidate Profile

a. Committee Edits to the Profile

Committee members discussed some of the concerns presented on the surveys.

Mr. Engels discussed his experience while responding to citizens that returned
the surveys, stating it was a pleasurable experience, noting everyone was very
pleasant. Mr. Engels asked that all personal identification information be
removed from the final survey reports.

Ms. Vanderkolk noted they received 98 on-line and 262 water billing surveys.

Comm. Baldwin noted this totaled almost 500 participants in the Community
conversations, the online and water billing surveys, and the personal interviews
with Commissioners, staff and community representatives.

b. Incorporation of Survey Results into Profile

Comm. Baldwin discussed the bullet points within the profile, recommending
property taxes being added to the neighborhood section.

Comm. Sherzer suggested property taxes be included under the City Operations
section, to state fiscally responsible with tax dollars.

Comm. Baldwin noted a comment was made regarding the roles of the City
Manager and the Commission, and their responsibility to work together.

Ms. Otte recommended the profile note the Commissions dedication to form a
supportive relationship with the City Manager.

2

Comm. Sherzer asked that Mr. Nollenberger note that Battle Creek had a
leadership issue, noting the City is not a problem as a whole, recommending it
be noted that the City Commission and the community are willing to support the
candidate.

The Committee discussed recent headlines that have presented challenges to the
City and the administration.

Comm. Baldwin stated she would incorporate some of the comments and
Committee recommendations into the recruitment profile.

Comm. Sherzer asked that IT be able to track the number of people that access
the link to the City Manager Search Committee information.

II. Update on GovHR USA

Mr. Engels stated Mr. Nollenberger would be waiting for the completed profile, noting
the Position Announcement will be in the Sunday, June 15, 2014 Battle Creek Enquirer.

Comm. Baldwin requested the notice be posted on MLive.

Mr. Engels stated he will post the notice on MLive and in the Battle Creek Shopper.

Ms. Vanderkolk asked the Committee when they would like a media notice released.

Comm. Baldwin recommended a press release update at the resume/application due date
to indicate the community participation, reaching all demographics of the community,
telling as a what we learned story.

Comm. Baldwin stated she would provide a summary of everything to the full
Commission, also letting them know the position recruitment ads would be in the
Sunday paper.


Next Meeting:

The City Manager Search Committee agreed to determine the next meeting at a future date.


General Detail
NO.
City Manager Search Committee Minutes August 14, 2014

attle Cree! City Commission
10/21/2014
Action Summary
Staff Member: Michelle "e#man
S"MMAR#
City Manager Search Committee Minutes August 14, 2014



'$SITI$NS
A$$AC%M&N$S'
(ile Name Descri)tion
City_Manager_Search_Committee_August_14_2014.pdf City Manager Search Committee Minutes August 14, 2014

1
City Hall Room 302A
10 N. Division St.
Battle Creek, MI
August 14, 2014
5:30 PM

Present: Vice Mayor Deb Owens and Commissioner Susan Baldwin,

Absent: Commissioners Dean Newsome and Mike Sherzer

Staff Present: Paul Engels, Vicki Houser, Jessica Vanderkolk, and Jill Steele

Call to Order: Commissioner Baldwin called the meeting to order at 5:03 PM.



Approval of minutes was postponed until a future meeting as no quorum was available.


A. City Manager Candidate Activity & Interview Schedule

1. August 22, 2014

Paul Engels, Human Resources Director, presented a draft schedule of activities for the
City Manager candidates, including tours of the community and meetings with City
department managers.

Comm. Baldwin discussed the candidates schedule. Comm. Baldwin noted only one
candidate will be accompanied by their spouse, along with their son.

Regarding the Community Meet & Greet, Mr. Engels stated each candidate will be
allowed 5 minutes to introduce themselves and give a brief history of their experience.
Mr. Engels stated the room would be set up with 4 tables by the stage, with 10 chairs at
each table, and stadium seating in the back.

Mr. Engels discussed the catering services available for the Meet & Greet, with
agreement from the Committee that snacks, such as cookies, bars, and salty snacks, be
available. Mr. Engels estimated approximately 150 attendees.

Ms. Vanderkolk noted press releases have been submitted to the Battle Creek Shopper
and the Battle Creek Enquirer, along with information on the Citys website and
Facebook page.

2. August 23, 2014

Committee members discussed the days schedule to include candidate interviews, the
Senior staff report, a report on the Meet & Greet session and the possibility of second
interviews.

B. Discussion of Candidate Interview Process

2
Comm. Baldwin asked if the Commission could vote to suspend voting for the interview
work session, asking if they should instead just hold a special meeting.

Jill Steele, City Attorney, stated that as a workshop, it is not a violation of the Open
Meetings Act to take action, stating the new distinction was done to describe a workshop or
work session, stating either would need to be in compliance with the Open Meetings Act.

Vice Mayor Owens agreed they could vote to suspend rules at Tuesdays Commission
meeting, to allow a possible vote for a candidate Saturday.

Comm. Baldwin stated her preference was for a Special Meeting so that action could take
place.

Ms. Steele stated the Committee could request a special meeting from the City Clerk, or
with a resolution at the August 19, 2014 Commission meeting.

Comm. Baldwin stated she would announce the special meeting at the next Commission
meeting and then send a communication to the City Clerk from the Committee requesting
the special meeting.

Ms. Vanderkolk stated she would promote the candidate interviews with the media. Ms.
Vanderkolk also stated she would prepare a brief report from the Community Meet &
Greet, while Mr. Engels agreed to compile the community surveys for the Commission.

Comm. Baldwin requested Ms. Steele prepare an agenda, stating she did not want specific
times placed on the agenda.

Mr. Engels stated Dr. Nollenberger would give a brief presentation to the Commission prior
to the candidate interviews, specifically to discuss what can and cannot be asked during the
interviews.

Ms. Steele recommended the Commission request the candidates remain in a separate room
during other candidates interviews, stating this cannot be required as everyone is welcome
to attend the special meeting according to the Open Meetings Act.

Comm. Baldwin recommended Mr. Engels or Dr. Nollenberger ask the candidates, for
fairness, to not be in Commission Chambers during other candidates interviews, noting
they would follow state statutes regarding public interviews.

Ms. Vanderkolk asked if the Commission wanted their choice of candidate released
immediately Saturday if the Commission were to choose a finalist. Comm. Baldwin
confirmed this would be best.

Mr. Engels provided a sample questionnaire for the Candidate Meet & Greet, noting the
survey provided by GovHR USA is the easiest from a reporting standpoint.

Comm. Baldwin recommended one sheet of paper with all 4 candidates names, with
columns for each candidate, also recommending a change to the answer options, giving the
responses a rating number, making sure the form indicated the City Manager Candidate
Meet & Greet and the date.

Ms. Vanderkolk agreed to reformat the Citizen Feedback Evaluation Form to make the
Committees recommended changes.

Comm. Baldwin noted several questions have been provided by Dr. Nollenberger, stating
some of the questions are not appropriate to Michigan or may not be of interest to the Battle
Creek City Commission.

3

Mr. Engels stated Dr. Nollenberger will briefly discuss questions that should not be asked,
stating questions have been chosen that allow the candidates to tell about themselves and
their thoughts of Battle Creek after the tour, asking them to describe their skill set, their
knowledge of finance and budgets, their accomplishments, style, thoughts relating to
diversity, the staff and the community and any issues related to their skill set. Mr. Engels
asked if the Commission would be comfortable receiving the interview questions on
Saturday morning.

Comm. Baldwin agreed with Mr. Engels recommendation the questions not be made
available to anyone, including the Commission, until Saturday morning. Comm. Baldwin
stated the Mayor would ask the first and last questions, with each Commissioner asking the
other 8 questions. Comm. Baldwin suggested that the Commission use interview questions
selected by Mr. Engels as he is a certified interview trainer and experienced in targeted
selection.

Vice Mayor Owens asked if the interviews will have a limited response time.

Mr. Engels stated each candidate would be allowed one hour to answer all of the questions,
stating the Mayor may inform each candidate at the beginning of their interview. Mr.
Engels recommended asking the candidates if they have any questions for the Commission
at the end of each interviews.

Comm. Baldwin recommended the candidates be provided with the schedule prepared by
Mr. Engels, informing them of the one hour time limit.

Comm. Baldwin asked Mr. Engels to provide questions to Senior Staff to ask of each
candidate, designating a few department heads to be available at the special meeting to give
a staff report and to answer any Commission questions.

Ms. Steele stated she would put language together in case someone wants to make a motion
to make a choice at the special meeting, giving the Mayor the authority to enter into
contract negotiations with the selected candidate so that the whole Commission does not
have to get into negotiations.

Comm. Baldwin asked if the Commission would be drawing Commissioner names
randomly to state their candidate selection, or if it would be preferable to use a ballot.

Ms. Steele stated the City of Kalamazoo had intended to go to second interviews, but one of
the Commissioners stated they were satisfied with one candidate and made a motion to
negotiate with one particular candidate. Ms. Steele stated she believed a Commissioner
may signify their desire to pick one candidate or to go to second interviews. Ms. Steele
stated the use of the ballots worked well at the prior special meeting, stating it would work
well for the voting for the final candidate or candidates.

Mr. Engels stated he would prepare a second set of questions in case the Commission felt
the need for additional questions.

Vice Mayor Owens stated second interviews may be good if the Commissioners have any
unanswered question.

Ms. Steele stated the Commission may ask follow-up questions during the initial round of
interviews.

4
Comm. Baldwin recommended the Commission vote for 2 candidates during the special
meeting, after the initial interviews and the staff report, to narrow to two candidates for
second interviews.

Vice Mayor Owens expressed concern one of the Commissioners would not be at the entire
special meeting.

Public Comment:

David Gauthier asked what areas of the City the candidates would be touring.

Mr. Engels stated the tour would include all city facilities, the downtown area, the Fort Custer
Industrial Park and some of the neighborhoods, recommending all 8 of the NPC areas.

Next Meeting:

The City Manager Search Committee agreed to determine the next meeting at a future date.


General Detail
NO.
Ethics Policy Review Committee Minutes August 11, !1"
BATTLE CREEK, MICHIGAN - 1!#1#!1"

$attle Cree% City Commission
1!#1#!1"
Action Summary
Staff Member: Michelle Re&man
S"MMAR#
Ethics Policy Review Committee Minutes August 11, !1"



'$SITI$NS
A''AC(MEN')*
Ethics_Policy_Review_August_11_2014.doc Ethics Policy Review Committee Minutes August 11, 2014

1
ETHICS POLICY & MEETING RULES REVIEW COMMITTEE
Conference Room 112
10 N. D!"on S#ree#
$%##&e Cree'( MI )*01)
+,-,"# 11( 201)
./00 PM

Comm##ee Mem1er" Pre"en#/ Mayor Walters, Vice Mayor Owens, Commissioners Gray and Sherzer

Comm##ee Mem1er" +1"en#/ None

S#%ff Pre"en#/ Jill Steele, City Attorney: Vicki o!ser, City Clerk

C%&& #o Or2er/ Commissioner Gray called the meetin" to order at #:$% &'m'

P,1&c Commen#/ Gary (odd e)&ressed concern re"ardin" *ormer em&loyees, who are drawin" City &ensions,
on the Committee, statin" he *elt this co!ld +e a concern when settin" the ,thics &olicy'

+33ro!%& of Mn,#e"/

A motion was made +y Mayor Walters, s!&&orted +y Vice Mayor Owens, to a&&ro-e the J!ly %%, %.1/, meetin"
min!tes' All yes' Motion carried'

Comm##ee D"c,""on/

+. E#4c" Po&c5 Vo&%#on"

Jill Steele, City Attorney, &resented a dra*t re-ision to the 0!les o* 1roced!re o* the Commission re"ardin"
the time limit on &!+lic comment, notin" that instead o* ha-in" an e)tension o* the $ min!te time limit
+ein" 2!st at the discretion o* the Mayor, there may +e a ma2ority -ote o* the Commission to e)tend the time
limit' Ms' Steele s!""ested that instead o* rewritin" the r!le, she co!ld re-ise to indicate that the Mayor
sho!ld ask *or a motion, with a ma2ority -ote o* the Commission, in order to &ermit additional comment
+eyond the three min!tes' 3he Committee a"reed to ha-e a -ote o* the Commission to allow additional
time'

4or a "ro!& &resentation, Ms' Steele stated the 3ra-erse City r!les allow *or a 1# min!te &resentation *or a
"ro!& on any a"enda item, statin" it m!st +e reser-ed in ad-ance, notin" this is similar to what we do
in*ormally *or &resentations'

Comm' Gray stated either allowin" a ma2ority -ote o* the Commission to e)tend the time or ha-in" a "ro!&
reser-e time *or a &resentation sho!ld address Comm' elm+oldt5s concerns re"ardin" a s&eaker *or a "ro!&
o* &eo&le who e)ha!sts the $ min!te time limits'

Mayor Walters stated he liked the 3ra-erse City r!le that &ro-ides the Commission the a!thority to limit and
terminate any &!+lic comment that +ecomes disr!&ti-e, !nd!ly re&etiti-e or im&edes the orderly &ro"ress o*
the meetin"'

Ms' Steele noted the City o* 6attle Creek r!les already address these same terms and allow the Mayor to
r!le a s&eaker o!t o* order who has en"a"ed in that ty&e o* +eha-ior'

$. Co2e of E#4c" 212.0.

Ms' Steele &resented a dra*t o* re-isions to section %1%'.#77+81#8 o* the Code o* ,thics, notin" she
incor&orated the chan"es recommended +y the Committee at a &rior meetin" and the recommendations
&ro-ided +y Commissioner Sherzer settin" o!t le-els o* -iolations' Ms' Steele stated the Mayor or Vice
Mayor, !&on reasona+le s!s&icion o* an ethics -iolation, may &ersonally meet with the alle"ed
commissioner, or may call a hearin"' Ms' Steele noted the le-el desi"nations did not set anythin" in stone,

%
allowin" *le)i+ility, statin" sanctions may +e determined +ased !&on the &ercei-ed se-erity o* the -iolation'
Ms' Steele disc!ssed other -iolation se-erity le-els, and the reocc!rrence o* -iolations within a 9 month
&eriod'

Committee mem+ers e)&ressed a"reement that the re-ised r!les sho!ld allow a &ercei-ed ethics -iolation to
+e addressed with a Commissioner only +ein" -er+ally co!nseled as o&&osed to settin" a *ormal hearin",
they +elie-ed the meetin" or con-ersation sho!ld +e doc!mented'

Ms' Steele &resented and disc!ssed other lan"!a"e *or the amended ,thics 1olicy, allowin" the Committee
to disc!ss their &re*erence *or the &ro&osed chan"es' Ms' Steele also ca!tioned the Committee that !nless a
re-ision were made to the r!les to allow -er+al co!nselin" with a commissioner +elie-ed to ha-e -iolated
the r!les, citizens may *eel the Commissioners -iolated the ,thics 1olicy +y -er+ally disc!ssin" the alle"ed
-iolation with a Commissioner instead o* holdin" a &!+lic hearin"'

Ms' Steele re-iewed and disc!ssed the other re-isions to the Code o* ,thics'

Comm' Sherzer asked who wo!ld cond!ct the hearin" i* the Mayor and Vice Mayor are +oth alle"ed
-iolators'

3he Committee mem+ers recommended the most senior ten!red Commissioner &reside o-er the hearin", i*
+oth the Mayor and Vice Mayor are s!+2ects o* a &ercei-ed -iolation'

Ms' Steele disc!ssed the &rocess *or the &!+lic hearin" and the alle"ed -iolator5s ri"hts, notin" they may
&ro-ide witnesses, +!t wo!ld not +e allowed to cross e)am witnesses, +!t may &ro-ide closin" comments'
Ms' Steele noted all Commissioners, incl!din" the alle"ed -iolator, will sit as a "ro!&' Ms' Steele also
noted the alle"ed Commissioner wo!ld not -ote as it wo!ld &resent a con*lict o* interest'

Ms' Steele disc!ssed section ( re"ardin" sanctions, &ro-idin" recommendations on se-erity le-els, notin"
the Commission may also consider no sanctions at all' Ms' Steele stated 6lack5s :aw (ictionary de*ines
re&rimand as ;to re&ro-e se-erely, to cens!re *ormally, es&ecially with a!thority, a &!+lic and *ormal
cens!re or se-ere re&roo*, administered to a &erson in *a!lt +y his s!&erior o**icer or +y a +ody to which he
+elon"s, th!s a mem+er o* a le"islati-e +ody may +e re&rimanded +y the &residin" o**icer in &!rs!ance o* a
-ote o* cens!re *or im&ro&er cond!ct in the ho!se, similarly an attorney mi"ht +e re&rimanded +y the
S!&reme Co!rt or 6ar Association o* the state *or !nethical or im&ro&er cond!ct'< Ms' Steele stated cens!re
is de*ined as ;the *ormal resol!tion o* a le"islati-e and administrati-e +ody re&rimandin" the &erson,
normally one o* its own mem+ers, o* s&eci*ied cond!ct, an o**icial re&rimand or condemnation'< Ms' Steele
stated a re&rimand is most commonly -er+al' Ms' Steele disc!ssed the di**erent le-els o* sanctions' Ms'
Steele noted a &!+lic hearin" wo!ld +e on the a"enda to disc!ss the alle"ed -iolation, +!t added that the
notice o* the &!+lic hearin" does not need to +e &!+lished in the &a&er, +!t is to +e noticed on the meetin"
a"enda' She noted that !nless a stat!te re=!ires a &!+lic hearin" +e &!+lished in the &a&er, it is not done
"enerally d!e to the increased e)&ense'

Vice Mayor Owens stated most o*ten a motion is made, +!t that a resol!tion co!ld +e &re&ared in ad-ance'

Comm' Gray s!""ested the resol!tion +e done in the same manner as an a&&eal o* a license, with one
resol!tion a**irmin" the denial and a second resol!tion re-ersin" the denial'

Vice Mayor Owens s!""ested a notice +e &ro-ided to the alle"ed commissioner'

Ms' Steele noted the dra*t amendment stated all Commissioners wo!ld recei-e written notice'

Comm' Gray asked i* the notice wo!ld indicate who is +rin"in" *orth the char"es'

Ms' Steele noted &roced!rally it wo!ld note who called the &!+lic hearin"'

Ms' Steele stated she wo!ld send the !&dates and re-isions to the Committee mem+ers *or re-iew, and !&on
satis*action o* the Committee, she wo!ld then send the amended &olicy to the *!ll Commission'

C. Comm##ee D"c,""on

$
Comm' Gray asked i* the Committee wanted to disc!ss A!t!mn Smith5s &rior comments re"ardin" $
Commissioners holdin" a &!+lic hearin"'

Ms' Steele stated Ms' Smith may ha-e mis!nderstood, notin" a &!+lic hearin" may +e called +y the Mayor,
the Vice Mayor or $ Commissioners, +!t the -ote *or re&rimand wo!ld re=!ire a ma2ority' Ms' Steele also
noted 0o+ert5s 0!les o* Order state that ;*ormal disci&linary &roced!res sho!ld "enerally +e re"arded as a
drastic ste& reser-ed *or serio!s sit!ations or those &otentially so' When it a&&ears that s!ch meas!res may
+ecome necessary, &ro&er and tact*!l handlin" o* the case is o* &rime im&ortance' >t is !s!ally in the +est
interest o* the or"anization *irst to make e-ery e**ort to o+tain a satis*actory resol!tion o* the matter =!ietly
and in*ormally'< Committee mem+ers +elie-ed it wo!ld +e a&&ro&riate to incl!de this re*erence in the
re-ised r!les, and Ms' Steele a"reed she co!ld do that, attri+!tin" this =!ote to 0o+ert5s 0!les o* Order'

Comm' Gray asked the Committee to disc!ss Mr' (odd5s concern that a =!or!m o* this Committee incl!des
retired City em&loyees, who are recei-in" City &ensions'

Ms' Steele noted this Committee was disc!ssin" the &roced!res to *ollow *or an alle"ed -iolation, statin"
this Committee wo!ld not +e makin" the determination that a -iolation occ!rred' Ms' Steele stated that i* a
resol!tion was &resented d!rin" a Commission meetin" that chan"ed the &ension +ene*its to a
Commissioner5s s&eci*ic retirement &lan, they wo!ld then rec!se themsel-es as it may +e a con*lict o*
interest'

Vice Mayor Owens noted &re-io!s con-ersations with Mr' (odd incl!ded other committees, commissions
and +oards'

Ms' Steele noted the City had many di**erent ty&es o* &ension &lans, notin" all three Committee mem+ers
were !nder di**erent &ensions and it wo!ld +e !nlikely that eno!"h commissioners were reci&ients o* the
same &ension &lan s!ch that a ma2ority -ote co!ld not +e achie-ed d!e to rec!sals *or con*licts o* interest'

Mayor Walters stated Mr' (odd +rin"s !& &ension concerns *re=!ently at local N1C meetin"s'

P,1&c Commen#/ 3here were no &!+lic comments'

+26o,rnmen#/ Comm' Gray ad2o!rned the meetin" at 9:/$ 1M'

General Detail
NO.
Bicycle Advisory Committee Minutes July 17, 201
BATTLE CREEK, MICHIGAN - 10!21!201

Battle Cree" City Commission
10!21!201
Action Summary
Staff Member: Mic#elle $edman
e!artment: City Mana%er
S"MMAR#
Bicycle Advisory Committee Minutes July 17, 201



'$SITI$NS
A&&AC'M(N&)*
Bicycle_Advisory_Committee_Minutes_July__17_14.doc Bicycle Advisory Committee Minutes July 17, 2014

BICYCLE ADVISORY COMMITTEE
CITY HALL ROOM 302A
10 N. DIVISION STREET
BATTLE CREEK, MI 49014
TUESDAY, JULY 17, 2014
2:00 PM

M!"#$ P#$%&: Mayor Dave Walters, Chris Dopp, Rod Burke, Bill Dugan, Mike Wood, and Stacey
Schueler.
A"$%&: Commissioner Andy elm!oldt, "t. Steve Bush, Mike Wood, #ohn Mac$arlane, Chad Curtis, and
#e$$ ovarter.
'($&: Christine ilton, %lanning & 'oning( )evin Smith, %arks & Recreation.
C)** &+ O#,#
Mayor Walters called the meeting to order at *:+,
A. P("*-. C+!!%&

-here .ere no pu!lic comments.

B. A//#+0)* +1 M-%(&$
A motion .as made !y Chris Dopp, supported !y Rod Burke, to approve the minutes o$ the May */,
*+01 and the #une 02, *+01 meeting. All in $avor, none opposed. Motion approved.

C. C+!!-&& D-$.($$-+%
1. B-.2.* A,0-$+#2 C+!!-&& M!"#$3-/
Mr. Dugan, Mr. Burke, Ms. Schueler, Mr. Wood and Chris Dopp all agreed to remain on the
Committee. Mayor Walters noted )evin Smith, %arks & Recreation, .ould !e replacing #e$$
ovarter. Mayor Walters in$ormed the Committee that Samuel 3ray had e4pressed an interest in
5oining the Committee, representing Ward *, noting the meeting time may need to !e changed to
,:++ to accommodate his schedule. Mayor Walters noted a position .as availa!le $or a general at6
large mem!er. Mayor Walters re7uested Committee mem!ers consider others $or mem!ership.
2. B-.2.* 4#-%,*2 C+!!(%-&2 A//*-.)&-+%
Mayor Walters in$ormed the Committee that he .ould !e sending the updated application $or the
Bicycle 8riendly Community the $ollo.ing Sunday, encouraging the Committee mem!ers to sign
onto the .e! site to revie. the application and provide updates to the application !e$ore he
su!mitted it.
Mayor Walters discussed many items that he updated on the application .hich the Bicycle 8riendly
Community representatives encouraged him to include, including the organi9ed rides $or Bike to
Work and the Ride o$ Silence, the B6cycles at the :isitors; Center, ne. !ikes $or the Battle Creek
%olice Department, the Derek <d.ards Sa$e )ids Cycling event, Burnham Brook -hursday evening
!ike rides, a !ike repair program, additional !ike racks in the City, the -rail.ay Alliance, the City
& County Wellness Committee, and the <nd o$ Winter %arty, the 8ull Moon in #une Ride, ne.s
articles. Mayor Walters stated they should receive a return response in the $all.
Chris Dopp, City <ngineer, updated the Committee on the progress o$ the .ork on the "inear %ath,
noting they may !e a!le to include additional pro5ects.
Mayor Walters in$ormed the Committee that he .as to !e assigned to the !oard o$ South West
Michigan 8irst =SWM8>, noting this may provide an opportunity to complete the 2 mile gap
!et.een )alama9oo and Battle Creek;s linear paths. Mayor Walters noted the a$$iliation .ith
SWM8 .ould not adversely a$$ect the City;s relationship .ith Battle Creek ?nlimited.
C+!!-&& D-$.($$-+%
Mr. Smith stated he .ould make sure !ike racks .ere put in place at Willard Beach and @rving
%ark.
Mr. Wood noted the !ike course $or the upcoming South aven triathlon .ill need to !e changed
due to !ridge construction.
Mr. Dopp stated ne. !ike lanes .ould !e placed on an overpass over @621.
A,5+(#%!%&
Mayor Walters ad5ourned the meeting at *:11p.m.

General Detail
NO.
Battle Creek Transit Local Advisory Committee Minutes June 10 !01"
BATTLE CREEK, MICHIGAN - 10#!1#!01"

Battle Creek City Commission
10#!1#!01"
Action Summary
Staff Member: Mic$elle %edman
e!artment: City Mana&er
S"MMAR#
Battle Creek Transit Local Advisory Committee Minutes June 10 !01"



'$SITI$NS
ATTAC'M(NT)*
Battle_Creek_Transit_Local_Adivsory_Committee_Minutes_June_10_2014.docx
Battle Creek Transit Local Advisory Commitee Minutes
June 10 2014
1
BATTLE CREEK TRANSIT LOCAL ADVISORY COMMITTEE
DEPARTMENT OF PUBLIC WORKS
150 S. KENDALL STREET
BATTLE CREEK, MICHIGAN

Jun 10, !01"
!#10 PM

C$%%&'' M%()* P)*n'# Michele McGowen, Joanna Jankowski, Jerry Sigourney, Dawn
Nichols and Richard Werner.

C$%%&'' M%()* A(*n'# Mark Woodford

S'+,, M%()* P)*n'# Colleen Bohn, arry Bowron, !ic"oria #ouser and Marcel S"oe"$el

C+-- '$ O).)/R0$1n&'&$n $, 2u$)u%#

Michele McGowen called "he %ee"ing "o order a" &'1( )M and recogni$ed "ha" a *uoru% was
+resen".

A33)$4+- $, M&nu'* $, J+nu+)5 16, !01" M'&n1'

Mo"ion' , %o"ion was %ade -y Jerry Sigourney, su++or"ed -y Dawn Nichols, "o a++ro.e "he
January 1/, &(10, %ee"ing %inu"es. ,ll yes, none o++osed. Mo"ion a++ro.ed.

C$%%un&0+'&$n* '$ '7 C$%%&''# None

R3$)'* ,)$% O,,&0)*' None.

Gn)+- Pu(-&0 C$%%n'# None.

O-. Bu*&n**' None.

N8 Bu*&n**'

,. Ser.ice S"a"is"ics
1. BC2 3i4ed Rou"e52ele62ransi"
Mr. Werner discussed "he BC2 3i4ed Rou"e52ele62ransi" re+or", no"ing "he
discon"inua"ion of "he J,RC ser.ice as of 3e-ruary 17, &(10, which resul"ed in less "han
a 18 reduc"ion in ridershi+, s"a"ing riders "ransi"ioned "o o"her rou"es. Mr. Werner no"ed
BC2 con"inued "o +ro.ide rou"es "o Wal%ar" and #ar+er !illage, al"hough less fre*uen"ly
"han -efore. Mr. Werner also infor%ed "he co%%i""ee of recen" co%+lain"s due "o delays
a" Wal%ar", s"a"ing BC2 would -e %o.ing "he -us s"o+ fro% in fron" of "he s"ore "o an
area 9us" "o "he eas" of "he -uilding and working on ano"her +ossi-le change.
Ms. Bohn no"ed "he reduc"ion in ridershi+ %ay -e due "o o"her con"ri-u"ing fac"ors,
na%ely "he difficul" win"er.
Mr. Werner also %en"ioned a new s"o+ in "he Borgess #eal"h )ark facili"y, no"ing "here is
a s"o+ across "he s"ree" fro% "he facili"y.
11. S+eciali$ed Ser.ice ,gencies
Mr. Werner discussed "he S+eciali$ed Ser.ices re+or", no"ing "here are : agencies
+ar"ici+a"ing, s"a"ing BC2 has +aid "he in.oices.
&
B. BC2 ;+da"es
1. Gran"s
i. <+era"ing 3= &(10
Mr. Werner s"a"ed "hey su-%i""ed a re*ues" "o "he federal go.ern%en" for 32,
o+era"ing funds 9us" o.er >1.&? %illion. Mr. Werner also s"a"ed "here ha.e -een so%e
-udge" challenges a" 2ransi", s"a"ing he has -een "asked "o co%e u+ wi"h so%e
solu"ions, +ossi-ly fare increases. Mr. Werner re*ues"ed "he Co%%i""ee conduc" a
worksho+ -y Se+"e%-er for +ossi-le -udge" solu"ions and "o recei.e +u-lic in+u" on
+ossi-le fare increases +hased in o.er a few year.
Ms. McGowen in*uired as "o "he a%oun" of "he shor"fall, asking "he a%oun" "ha" fares
genera"e and how %uch "hey can con"ri-u"e "o "he shor"fall. Mr. Werner agreed "o
+ro.ide infor%a"ion "o Ms. McGowen.
Mr. Sigourney infor%ed "he Co%%i""ee "ha" @ala%a$oo charges >1.7( "ransi" fares.
Mr. Werner s"a"ed a worksho+ would allow "he +u-lic "o weigh in on "he +ossi-le
solu"ions, "hen allowing s"aff "o %ake reco%%enda"ions "o "he Co%%ission.
ii. Sec"ion 7::A S%all ;r-an
a. Ca+i"al gran" B Mr. Werner no"ed 2ransi" would -e ge""ing $120,656, s"a"ing "he
funds will -e used "o re+lace glass in all "he shel"ers, "o redo "he +arking lo" a"
2ransi", "o re+air so%e s"or% da%age "o -uildings, and "o +urchase a ser.er and wi"h
ano"her gran", +urchase sof"ware, allowing "he -us sur.eillance .ideo "o -e
downloaded daily.
-. ,RR, gran'* Mr. Werner s"a"ed "here was >100,((( re%aining, -ased on cos"
sa.ings on -idding, s"a"ing "hey were working wi"h "he 32, "o see if "hey could
s+end down funds, no"ing "here were a lo" of res"ric"ions.
c. CM,C B Mr. Werner s"a"ed "hey ha.e ordered & +ro+ane .ehicles, no"ing Ba""le
Creek will -e "he firs" in "he Ci"y "o con.er", also s"a"ing D)W would -e +u""ing in a
+ro+ane far%, an"ici+a"ing "hey will -e con.er"ing se.eral +icku+ "rucks. Mr.
Werner no"ed "hey would no" need "o change %ain"enance facili"ies or re*uire any
s+ecial cer"ifica"ion "raining "o work on "he .ehicles, no"ing "he cos"s of +ro+ane
were lower "han curren" gas +rices.
Ann$un0%n'*#
,. Ne4" %ee"ing' Se+"e%-er A, &(10 i%%edia"ely following "he CC %ee"ing, a" "he
Mul"i6+ur+ose roo% a" D)W.

B. Co%%i""ee %e%-er co%%en"'
Mr. Sigourney s"a"ed he will -e glad when "he shel"ers are re+aired.
Ms. McGowen re%inded %e%-ers "o ad.oca"e +u-lic "rans+or"a"ion needs "o all
,ugus" and No.e%-er candida"es.
A.9$u)n%n'#
Chair+erson McGowen ad9ourned "he %ee"ing a" &'&A )M.

:
I, Victoria L. Houser, City Clerk
of the City of Battle Creek,
hereby certify
the above and foregoing is a true and accurate copy
of the minutes recorded for the June 10, 2014 meeting
of the Battle Creek Transit Local Advisory Council.

Victoria L. Houser Victoria L. Houser Victoria L. Houser Victoria L. Houser
Victoria L. Houser City Clerk

Please note there has not been a subsequent meeting of the Local Advisory Council where the minutes
could be considered or approved.

Michelle McGowen, LAC Chairperson

General Detail
NO.
Battle Creek Transit Local Coordinating Council Minutes June 10, 2014

Battle Creek Cit! Co""ission
10212014
Action Summary
Staff Member: Mic#elle $ed"an
e!artment: Cit! Manager
S"MMAR#
Battle Creek Transit Local Coordinating Council Minutes June 10, 2014



'$SITI$NS
%TT%C&M'NT()
*ile Na"e Descri+tion
Battle_Creek_Transit_Local_Coordinating_Committee_Minutes_June_10_2014.pdf
Battle Creek Transit Local Coordinating Council
Minutes June 10, 2014
1
BATTLE CREEK TRANSIT LOCAL COORDINATING COMMITTEE
DEPARTMENT OF PUBLIC WORKS
150 S. KENDALL STREET
BATTLE CREEK, MICHIGAN

June 10, 2014
1:30 PM

Committee Members Present: Sue Rush, Joanna Jankowski, Michele McGowen, Jerry Sigourney,
Kristen Jenkins, Jolene English, Andy Tilma and Richard Werner.

Committee Members Absent: Charles Asher and Mark Woodford

Staff Members Present: Colleen Bohn, Victoria Houser and Marcel Stoetzel

Call to Order/Recognition of Quorum:

Sue Rush called the meeting to order at 1:31 PM and recognized that a quorum was present.

Approval of Minutes of January 17, 2014 Meeting:

Motion: A motion was made by Jerry Sigourney, supported by Joanna Jankowski, to approve the
January 17, 2014, meeting minutes. All yes, none opposed. Motion approved.

Communications to the Committee: None

Reports from Officers: None.

General Public Comment: None.

Old Business: None.

New Business:

A. New Member Introduction
a. Charles Asher not present
B. Service Statistics
a. BCT Fixed Route/Tele-Transit - Discussed
b. Specialized Service Agencies Discussed
C. BCT Updates
a. Grants
i. Operating FY 2014 - Discussed
ii. Section 5339 Small Urban
1. Capital grant - Discussed
2. CMAQ Discussed
Announcements:
A. Next Meeting: September 9, 2014 at DPW at 1:30pm
B. Committee Member Comment Committee member comment took place.
Adjournment: The meeting was adjourned at 1:59 pm.

General Detail
NO.
City Manager's Report for October 21, 2014

attle Cree! City Co""ission
10/21/2014
Action Summary
Staff Member: Mic#elle Re$"an
S"MMAR#
City Manager's Report for October 21, 2014



'$SITI$NS
%&&%C'M(N&)*
+ile Na"e Description
City_Manager_Report_for_October_21_2014.doc City Manager's Report for October 21, 2014
MEMO

Date:

10/21/2014

To:

Mayor and City Commission

From:

Rebecca L. Fleury, City Manager

RE:

City Manager's October 21, 2014, genda Re!ort

275

A Resolution adopting Ordinance 08-201 creating a ne! "#apter o$ t#e "it%&s "odi$ied
Ordinances to 'e (no!n as "#apter 50 O$$-Road )e#icles *OR)s+,

Currently, O""#Road $e%icles &OR$s' are not !ermitted to be dri(en on City side)al*s "or any
!ur!ose and not !ermitted to be dri(en on City streets unless t%e OR$ is licensed under t%e
Mic%igan Motor $e%icle Code or under some ot%er limited circumstances. +%is ordinance )ould
ado!t a ne) C%a!ter o" t%e City's Codi"ied Ordinances to be *no)n as C%a!ter 4,0 O""#Road
$e%icles, t%at )ill !ermit t%e seasonal use o" OR$s "or t%e !ur!ose o" clearing sno) and/or ice
"rom side)al*s in residential areas in t%e City. Adoption is Recommended

27-

A Resolution aut#ori.ing t#e "it% /anager to e0ecute drainage easements $or purposes o$
esta'lis#ment1 construction1 operation1 maintenance1 and impro2ement o$ t#e /inges 3roo(
Drain 4ro5ect 3%pass "#annel,

study o" t%e -alama.oo Ri(er /aters%ed, including 0ig Mars% 1rain and Minges 0roo*,
recommended a !%ased !ro2ect to reduce "looding "re3uency, decrease "lood ele(ations, and to
address long#term in"rastructure needs including a by!ass c%annel, !arallel to Lyn)ood 1ri(e,
)%ic% )ould ta*e e4cess "lo) "rom Minges 0roo* and reduce "looding at t%e Lyn)ood 1ri(e
crossings. +%is Resolution aut%ori.es t%e City Manager to e4ecute drainage easements "or
!ur!oses o" establis%ment, construction, o!eration, maintenance, and im!ro(ement o" t%e Minges
0roo* 1rain 5ro2ect 0y!ass C%annel. Appro2al is Recommended

277

A Resolution aut#ori.ing a c#ange order $or 6aste!ater Treatment 4lant 7olids 8andling
3uilding $rom 9,D, Dosca : Associates1 ;nc, in a not-to-e0ceed amount o$ <1=51-80,>1,

"ter )or* %ad begun "or t%e /aste)ater +reatment 5lant's 6olids 7andling 0uilding, it became
e(ident t%at t%e !urlins &%ori.ontal steel beams t%at !ro(ide intermediate su!!ort "or t%e common
ra"ters in t%e roo"' )ere more corroded t%an seen in t%e original ins!ection. 8t is necessary to
rein"orce t%ese !urlins in order to su!!ort t%e ne) roo". +%e )or* o" t%is contract )ould ma*e t%e
necessary im!ro(ements to %ouse t%e 5ul(erdryer !rocess. +%is Resolution aut%ori.es t%e City
Manager to e4ecute a c%ange order to Contract 92014#0,:0 )it% L.1. 1osca ; ssociates, 8nc., in
a not#to#e4ceed amount o" <1:,,=>0.?1 "or !urlin re!lacement "or t%e /aste)ater +reatment 5lant
6olids 7andling 0uilding !ro2ect. Appro2al is Recommended

278

A Resolution aut#ori.ing t#e "it% /anager to e0ecute a $i2e-%ear contract $or t#e 3attle
"ree( 4olice Department to pro2ide 3ed$ord "#arter To!ns#ip !it# police ser2ices,

+%e City %as !ro(ided !olice ser(ices to 0ed"ord C%arter +o)ns%i! "or a number o" years o(er a
series o" di""erent contracts )it% t%e most recent "i(e#year agreement %a(ing e4!ired @une :0,
2014. +%is Resolution aut%ori.es t%e City Manager to e4ecute a "i(e#year contract "or t%e 0attle
Cree* 5olice 1e!artment to !ro(ide 0ed"ord C%arter +o)ns%i! )it% !olice ser(ices. Appro2al is
Recommended

Resolution
NO. 271
A Resolution approving the Byrne Criminal Justice Innovation Planning rant num!er 2"1#$AJ$B%$"""#
authori&ing the City 'anager to sign the a(ar) )ocument *or the amount o* +,-.2/" *rom the 0.1.
2epartment o* Justice. O**ice o* Justice Programs.
BATTLE CREEK, MICHIGAN - 1"32132"1#
Resolved by the Commission of the City of Battle Cee!4

5he 2epartment o* Justice O**ice o* Justice Programs has approve) an application *or *un)ing un)er the
671# Byrne Criminal Justice Innovation Program4 Planning in the amount o* +,-.2/" *or the City o*
Battle Cree8.

5he *un)ing provi)e) *rom this grant (ill !e use) !y the Battle Cree8 Police 2epartment *or is a planning
an) capacity !uil)ing pro9ect to support the )evelopment o* place$!ase). research$in*orme) strategies to
analy&e. i)enti*y an) prioriti&e crime )rivers in target neigh!orhoo)s o* Battle Cree8 le) !y a Cross$1ector
Partnership (ith signi*icant resi)ent engagement. 5he goal o* the pro9ect is to signi*icantly improve
communication an) connecte)ness !et(een la( en*orcement. City government. community$!ase)
organi&ations an) citi&ens so as to collectively i)enti*y. in*luence an) impact the un)erlying con)itions
that *oster violent crime an) to implement strategies that ultimately result in a crime re)uction. sa*er
neigh!orhoo)s an) a)vancement o* !roa)er neigh!orhoo) )evelopment an) revitali&ation goals

5his resolution is to esta!lish City Commission support o* the *un)ing receive) un)er a(ar) num!er 2"1#$
AJ$B%$"""# an) authori&e the City 'anager to accept an) sign the a(ar) )ocument. A*ter the rant has
!een accepte) an appropriate !u)get (ill !e esta!lishe) an) activity (ill !e recor)e) in Ne( :orl)
1ystems pro9ect accounting !usiness unit --"; police grants. AJ"""#.

Battle Cree8 City Commission
1"32132"1#
A"tion #$mmay
#taff Membe% <athy 1chley
&e'atment% Police
#(MMAR)
A Resolution approving the Byrne Criminal Justice Innovation Planning rant num!er 2"1#$AJ$B%$"""#
authori&ing the City 'anager to sign the a(ar) )ocument *or the amount o* +,-.2/" *rom the 0.1.
2epartment o* Justice. O**ice o* Justice Programs.
B(&GETAR) C*N#I&ERATI*N#
Not Applica!le

HI#T*R), BACKGR*(N& and &I#C(##I*N
:hile this *un)ing is speci*ically *or a planning initiative. the long$term goal o* Be Safe Battle Creek
Partnership is to signi*icantly improve communication an) connecte)ness !et(een la( en*orcement.
community$!ase) organi&ations an) citi&ens so as to collectively i)enti*y an) in*luence the un)erlying
con)itions that *oster violent crime an) to implement strategies that ultimately result in a crime re)uction.
sa*er neigh!orhoo)s an) a)vancement o* !roa)er neigh!orhoo) )evelopment goals. 5his (ill !e
accomplishe) through )evelopment o* a colla!orative o* investe) sta8ehol)ers (ho (ill i)enti*y a )ata$
)riven. place)$!ase). community$oriente) strategy *or the prevention an) re)uction o* crime in targete)
areas o* the city o* Battle Cree8. 5o this en). the Cross$1ector Partnership. (or8ing (ith research partner
i=val. (ill see8 to i)enti*y an) analy&e the )rivers o* crime. con)uct an assessment o* the nee)s.
challenges. an) availa!le resources. an) )etermine a speci*ic targete) area (ithin *our speci*ic
neigh!orhoo) planning councils to *ocus its e**orts. 5he en) pro)uct o* this planning initiative (ill !e the
)evelopment o* a comprehensive strategic plan to
support prevention an) re)uction o* crime in target neigh!orhoo)s an) )etermine availa!le resources *or
implementation o* the plan.

&I#C(##I*N *+ THE I##(E

,*#ITI*N#
A55AC>'=N514
6ile Name 2escription
Bureau_of_Justice_Assistance_Grant.pdf Bureau of Justice Assistance Grant

Resolution
NO. 272
A Resolution renewing memberships for Minges Brook/Riverside Neighborhood Plnning !oun"il #NP!
$%%&.
BATTLE CREEK, MICHIGAN - %'/2%/2'%(
Resolved by the Commission of the City of Battle Cee!"

)his resolution renews memberships for the Minges Brook/Riverside Neighborhood Plnning !oun"il
#NP! $%%&.

Nme Address )erm *+pires

Mrge Brd ,' Brookfield !t. O"tober -%. 2'%7
Rud/ Brd ,' Brookfield !t. O"tober -%. 2'%7
Norm M/o -(0 1unhm O"tober -%. 2'%7
2ur 3er4ing %-% Minges !ir"le O"tober -%. 2'%7
)im Mrinovi"h %25 !hrist/ 1rive O"tober -%. 2'%7

Bttle !reek !it/ !ommission
%'/2%/2'%(
A#tion $%mmay
$taff Membe" 1wn 6horter
&e'atment" !ode !omplin"e
$(MMAR)
A Resolution renewing memberships for Minges Brook/Riverside Neighborhood Plnning !oun"il #NP!
$%%&.
B(&GETAR) C*N$I&ERATI*N$

HI$T*R), BACKGR*(N& and &I$C($$I*N
)he !it/ !ommission is the ppointing uthorit/ for Neighborhood Plnning !oun"ils pursunt to
Resolution (2-. dted November 2'. %070. 7t ppoints bsed on the re"ommendtions of the individul
Neighborhood Plnning !oun"il. An/ person hving demonstrble or substntil interest within the
defined boundries of the !oun"il re m/ be ppointed upon re"ommendtion b/ sid !oun"il.

)he following members re ppointed for three8/er terms to the Minges Brook/Riverside Neighborhood
Plnning !oun"il.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
A))A!3M*N)69
:ile Nme 1es"ription
NPC_#11_term_list.pdf NPC #11 Membership List
Name Address City State Zip Term Expires
Susan Baldwin 164 W Hamilton Ln Battle Creek MI 49015 10/31/2015
Frank Egland 203 Edgehill Dr Battle Creek MI 49015 10/31/2015
J ohn Godfrey 625 Morningside Dr Battle Creek MI 49015 10/31/2015
J im Haadsma 146 S Lincoln Blvd Battle Creek MI 49015 10/31/2015
Nola Baker 126 Peachtree Drive Battle Creek MI 49015 10/31/2015
Randall Champlin 166 S Lincoln Blvd Battle Creek MI 49015 10/31/2016
Beverly Vallillee 18 Christy Rd Battle Creek MI 49015 10/31/2016
George Vallillee 18 Christy Rd Battle Creek MI 49015 10/31/2016
Bobbie Wilson 200 W Hamilton Ln Battle Creek MI 49015 10/31/2016
Ann Wyson 112 Applewood Pl Battle Creek MI 49015 10/31/2016
Rick Baron 513 Morningside Dr Battle Creek MI 49015 10/31/2016
J anice Barry 227 Country Club Blvd Battle Creek MI 49015 10/31/2016
Dave Hawks 52 Brookfield Ct Battle Creek MI 49015 10/31/2016
Marge Barda 60 Brookfield Ct Battle Creek MI 49015 10/31/2017
Rudy Barda 60 Brookfield Ct Battle Creek MI 49015 10/31/2017
Norma Mayo 349 Dunham Battle Creek MI 49015 10/31/2017
Laura Herzing 131 Minges Circle Battle Creek MI 49015 10/31/2017
Tim Martinovich 128 Christy Drive Battle Creek MI 49015 10/31/2017
Updated 10/14/14
Minges Brook / Riverside Neighborhood Planning Council

Resolution
NO. 273
A Resolution appointing new members to the Minges Brook/Riverside Neighborhood lanning !oun"il
#N! $%%&.
BATTLE CREEK, MICHIGAN - %'/2%/2'%(
Resolved by the Commission of the City of Battle Cee!)

*he +ollowing are being newl, appointed to the Minges Brook/Riverside Neighborhood lanning !oun"il
#N! $%%&.

Name Address *erm -.pires

*alia !hamplin %// 0outh 1in"oln Blvd O"tober 3%2 2'%3
Mike 0her4er %3( -astwa, O"tober 3%2 2'%3
5oe 6oss /23 Riverside 7rive O"tober 3%2 2'%7
0all, 6oss /23 Riverside 7rive O"tober 3%2 2'%7

Battle !reek !it, !ommission
%'/2%/2'%(
A"tion #$mmay
#taff Membe% 7awn 0horter
&e'atment% !ode !omplian"e
#(MMAR)
A Resolution appointing new members to the Minges Brook/Riverside Neighborhood lanning !oun"il
#N! $%%&.
B(&GETAR) C*N#I&ERATI*N#

HI#T*R), BACKGR*(N& and &I#C(##I*N
*he !it, !ommission is the appointing authorit, +or Neighborhood lanning !oun"ils pursuant to
Resolution (232 dated November 2'2 %878. 9t appoints based on the re"ommendations o+ the individual
Neighborhood lanning !oun"il. An, person having demonstrable or substantial interest within the
de+ined boundaries o+ the !oun"il area ma, be appointed upon re"ommendation b, said !oun"il.
&I#C(##I*N *+ THE I##(E

,*#ITI*N#
A**A!:M-N*0)
;ile Name 7es"ription
NPC_#11_term_list.pdf NPC #11 Membership List
Name Address City State Zip Term Expires
Susan Baldwin 164 W Hamilton Ln Battle Creek MI 49015 10/31/2015
Frank Egland 203 Edgehill Dr Battle Creek MI 49015 10/31/2015
J ohn Godfrey 625 Morningside Dr Battle Creek MI 49015 10/31/2015
J im Haadsma 146 S Lincoln Blvd Battle Creek MI 49015 10/31/2015
Nola Baker 126 Peachtree Drive Battle Creek MI 49015 10/31/2015
Talia Champlin 166 South Lincoln Blvd Battle Creek MI 49015 10/31/2015
Mike Sherzer 134 Eastway Battle Creek MI 49015 10/31/2015
Randall Champlin 166 S Lincoln Blvd Battle Creek MI 49015 10/31/2016
Beverly Vallillee 18 Christy Rd Battle Creek MI 49015 10/31/2016
George Vallillee 18 Christy Rd Battle Creek MI 49015 10/31/2016
Bobbie Wilson 200 W Hamilton Ln Battle Creek MI 49015 10/31/2016
Ann Wyson 112 Applewood Pl Battle Creek MI 49015 10/31/2016
Rick Baron 513 Morningside Dr Battle Creek MI 49015 10/31/2016
J anice Barry 227 Country Club Blvd Battle Creek MI 49015 10/31/2016
Dave Hawks 52 Brookfield Ct Battle Creek MI 49015 10/31/2016
Marge Barda 60 Brookfield Ct Battle Creek MI 49015 10/31/2017
Rudy Barda 60 Brookfield Ct Battle Creek MI 49015 10/31/2017
Norma Mayo 349 Dunham Battle Creek MI 49015 10/31/2017
Laura Herzing 131 Minges Circle Battle Creek MI 49015 10/31/2017
Tim Martinovich 128 Christy Drive Battle Creek MI 49015 10/31/2017
J oe Goss 623 Riverside Drive Battle Creek MI 49015 10/31/2017
Sally Goss 623 Riverside Drive Battle Creek MI 49015 10/31/2017
Updated 10/14/14
Minges Brook / Riverside Neighborhood Planning Council

Resolution
NO. 274
A Resolution appointing City Manager Rebecca L. Fleury as the City of Battle Cree representati!e on the
Local Re!enue "haring Boar# as i#entifie# in the A$en#$ent to the %ribal &a$ing Co$pact bet'een the
"tate of Michigan an# the Notta'aseppi (uron Ban# of )ota'ato$i *n#ians.
BATTLE CREEK, MICHIGAN - +,-2+-2,+4

City Manager Rebecca L. Fleury is appointe# as the City of Battle Cree representati!e on the Local
Re!enue "haring Boar# to replace Chief *nfor$ation Officer .an Ryan.

Battle Cree City Co$$ission
+,-2+-2,+4
A#tion $%mmay
$taff Membe" Michelle Re#$an
&e'atment" City Manager
$(MMAR)
A Resolution appointing City Manager Rebecca L. Fleury as the City of Battle Cree representati!e on
the Local Re!enue "haring Boar# as i#entifie# in the A$en#$ent to the %ribal &a$ing Co$pact bet'een
the "tate of Michigan an# the Notta'aseppi (uron Ban# of )ota'ato$i *n#ians.
None.

)rior to the opening of the ne' Fireeepers Casino/ the Notta'aseppi (uron Ban# of )ota'ato$i *n#ians
reache# an agree$ent 'ith the "tate of Michigan on an a$en#$ent to their %ribal &a$ing Co$pact/ but
the #etails of that a$en#$ent 'ere not release# to the public by the %ribe or the "tate until $i#0
"epte$ber. One of the a$en#$ents 'as the e1pansion of the Local Re!enue "haring Boar# 2LR"B3 fro$
4 $e$bers to 5 $e$bers. *n the original !ersion of the Co$pact/ the LR"B/ 'hich is allo'e# to be
create# to recei!e an# #irect the #isburse$ent of re!enue to local units of go!ern$ent generate# fro$
electronic ga$ing 2slot $achines3 at the casino/ 'as to ha!e 4 $e$bers. %hose $e$bers 'ere to be
representati!es fro$ Calhoun County/ 6$$ett %o'nship/ an# a thir# unit of go!ern$ent selecte# by the
other 2 $e$bers. As a result of the a$en#$ent/ the $e$bership of the L"RB 'ill be increase# to 5
2assu$ing each specifie# unit of go!ern$ent #esires to participate3/ 'ith the follo'ing units of
go!ern$ent i#entifie#7 Calhoun County/ 6$$ett %o'nship/ City of Battle Cree/ City of Marshall/
Athens %o'nship/ an# the %ribe itself. %he Co$pact a$en#$ent re8uires that the go!erning bo#y of each
of these units of go!ern$ent select their representati!e.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
A%%AC(M6N%"7
File Na$e .escription
No Attachments Available

Resolution
NO. 275
A Resolution adopting Ordinance 08-2014 creating a new Chapter o the Cit!"s Codiied Ordinances to #e
$nown as Chapter 450 O-Road %ehicles &OR%s'.
BATTLE CREEK, MICHIGAN - 10(21(2014

)hat Ordinance No. 08-2014 introduced Octo#er 7* 2014* which adopts a new Chapter o the Cit!"s
Codiied Ordinances to #e $nown as Chapter 450 O-Road %ehicles &OR%s' as decri#ed herein+

,ection 1. An Ordinance to adopt a new Chapter o the Cit!"s Codiied Ordinances to #e $nown as Chapter
450 O-Road %ehicles &OR%s'* as set orth in attached -.hi#it A.

,ection 2. ,hould an! section* clause or phrase o this Ordinance #e declared to #e in/alid* the sa0e shall
not aect the /alidit! o the Ordinance as a whole* or an! part thereo* other than the part so declared to #e
in/alid.

,ection 1. All ordinances or parts o ordinances* in conlict with an! o the pro/isions o this Ordinance*
are here#! repealed* sa/ing an! prosecution* cri0inal or ad0inistrati/e appeal pending on* or /iolation
cited on or #eore the eecti/e date o this ordinance* which shall re0ain su#2ect to the ordinance
pro/ision e.isting at the ti0e o the alleged /iolation.

,ection 4. )his Ordinance shall ta$e eect ten &10' da!s ro0 the date o its adoption* in accordance with
the pro/isions o ,ection 4.1&3' o Chapter 4 o the Cit! Charter.

#e adopted* with scri/ener"s errors corrected.

3attle Cree$ Cit! Co00ission
10(21(2014
A#tion $%mmay
$taff Membe" 4ill 5u0phre!s ,teele
&e'atment" Cit! Attorne!
$(MMAR)
A Resolution adopting Ordinance 08-2014 creating a new Chapter o the Cit!"s Codiied Ordinances to #e
$nown as Chapter 450 O-Road %ehicles &OR%s'.
)here are no #udgetar! considerations.

)his proposed ordinance will per0it the seasonal use o OR%s or the purpose o clearing snow and(or ice
ro0 sidewal$s in residential areas in the Cit!. Currentl! OR%s are not per0itted to #e dri/en on Cit!
sidewal$s or an! purpose and not per0itted to #e dri/en on Cit! streets unless the OR% is licensed under
the 6ichigan 6otor %ehicle Code or under so0e other li0ited circu0stances.

)he proposed ordinance sets out a window o ti0e in which the use will #e per0itted* intended to
enco0pass li$el! dates o snow and ice e/ents. )his ordinance will also per0it OR%s to #e dri/en on Cit!
streets which are ad2acent to residential ho0es within the sa0e #loc$ in order to allow citi7ens to assist
neigh#ors in clearing snow and(or ice ro0 sidewal$s and dri/ewa!s.

A goal o this ordinance is to achie/e #etter co0pliance with the Cit! ordinance re8uiring citi7ens to $eep
the sidewal$s ad2acent to their ho0es clear o snow and(or ice. Another goal is to allow neigh#ors to use
an OR% to assist others in clearing snow and(or ice ro0 sidewal$s and dri/ewa!s without the ear o
/iolating the law.

)he proposed ordinance has #een drated to address the Cit!"s concerns o li0iting the use o OR%s to
achie/ing the stated purpose while not per0itting traic ha7ards which 0a! #e presented as a result
o OR%s #eing dri/en on non-residential streets in the Cit!.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
)he 3attle Cree$ 9olice :epart0ent is in support o this proposed ordinance.
A))AC56-N),+
;ile Na0e :escription
Chapter_450_ORV_REVISED_FOR_ADOPTION_10.8.14.pdf ORV Ordinane Re!i"ed f#r Ad#pti#n

Chapter 450
Off-Road Vehicles (ORVs)

450.01 Short title.
450.02 Purpose; Use for the Good of the Community.
450.03 Definitions.
450.04 ORV license.
450.05 Operation of ORVs within city limits of the City of Battle Creek.
450.06 Responsibility.
450.07 Impoundment.
450.08 Severability.
450.99 Penalty.

CROSS REFERENCES

Michigan Vehicle Code Act 300 of 1949, see MCL Sec. 257.1 et seq.

Sidewalks, Chapter 1022

Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994: Part 811
Off-Road Recreation Vehicles, MCL 324.81101 et seq.

450.01 SHORT TITLE.

This chapter shall be known and may be cited as the Off-Road Vehicle Ordinance.

450.02 PURPOSE; USE FOR THE GOOD OF THE COMMUNITY.

The ordinance codified in this chapter is adopted for the express purpose of allowing ORVs (off-
road vehicles) that are not otherwise registered under the Michigan vehicle code, 1949 PA 300,
MCL 257.1 to 257.923, to be operated on certain City streets, and also on public sidewalks for
the limited purpose of snow or ice removal from sidewalks in front of or adjacent to a persons
residence.

450.03 DEFINITIONS.

As used in this chapter:

(a) ATV means a vehicle with 3 or more wheels that is designed for off-road use, has low-
pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to
1,000cc gasoline engine or an engine of comparable size using other fuels.

(b) "City street" means any city street or public right-of-way inside the City of Battle Creek
owned or maintained by the City of Battle Creek, but not including any state route or federal
highway located within the City of Battle Creek.

(c) Drivers license means an operators or chauffeurs license or permit issued to an
individual by the Secretary of State under chapter III of the Michigan vehicle code, 1949 PA
300, MCL 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions
are attached to the license or permit; or a comparable license or permit issued under the authority
of another State or a province of Canada.

(d) Highway means a state trunk line highway or a segment of a state line highway.

(e) Maintained portion means the roadway and any shoulder of a City street.

(f) "Off-road vehicle" or "ORV" means a motor-driven off-road recreational vehicle capable
of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice,
marsh, swampland, or other natural terrain. ORV includes, but is not limited to, a multitrack or
multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle,
an amphibious machine, a ground effect air cushion vehicle, or other means of transportation
deriving motive power from a source other than muscle or wind. ORV does not include a
registered snowmobile, a farm vehicle being use for farming, a vehicle used for military, fire,
emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or
an oil and gas company when performing maintenance on its facilities or on property over which
it has an easement, a construction or logging vehicle used in performance of its common
functions, or a registered aircraft.

(g) Operate means to ride in or on, and be in actual physical control of, the operation of an
ORV.

(h) "Operator" means each person who operates, or is in physical control of, any ORV
vehicle as defined by this chapter.

(i) "ORV license" means a license issued by the department of licensing for operation of an
off road vehicle.

(j) "Owner" means the person other than the lien holder, having an interest in or title to an
ORV vehicle, and entitled to the use or possession thereof.

(k) "Parking areas" means any public or private parking area located inside the city limits of
the City of Battle Creek.

(l) Registered means a registration certificate, plate, adhesive tab, or other indicator of
registration issued under the Michigan motor vehicle code, MCL 257.1. to 257.923, for display
on an ORV;

(m) Residential home means a parcel of land containing no more than one dwelling
structure, which has no more than four residential units within that one structure;

(n) Residential neighborhood means a city street with residential homes as defined above
abutting within the same block but excluding the Downtown Business District as defined in
814.04 of this Code.

(o) Roadway means the portion of a City street improved, designed, or ordinarily used for
travel by vehicles registered under the Michigan vehicle code, 1949 PA 300, MCL 257.301 to
257.329. Roadway does not include the shoulder.

(p) Shoulder means that portion of a City street contiguous to the roadway and generally
extending the contour of the roadway, not designed for vehicular travel but maintained for the
temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the
roadway.

(q) Sidewalk(s) means the portion of a City street designed for pedestrian travel.

450.04 ORV LICENSE.

No person shall operate any ORV within the corporate limits of the City of Battle Creek without
a license decal, issued by the department of natural resources licensing and displaying a current
ORV tag in accordance with current State of Michigan statutes.

450.05 OPERATION OF ORVS WITHIN CITY LIMITS OF THE CITY OF
BATTLE CREEK.

The following shall apply to all ORV operation within the city pursuant to this chapter:

(a) It is lawful to operate an ORV with the flow of traffic on the far right of the maintained
portion of a City street located in a residential neighborhood as defined in this chapter. ORVs
shall come to a complete stop before proceeding, at right angles, across any City street. ORVs
shall yield the right-of-way to motor vehicles and pedestrians.

(b) It is lawful to operate an ORV that is not a commercial snow removal vehicle over any
public sidewalk in a residential neighborhood for the removal of snow or ice, or to reach a
segment of a public sidewalk in a residential neighborhood for the removal of snow or ice, for
which a person has requested snow or ice removal on the sidewalks in front of or adjacent to
their residential premises. ORVs shall yield the right-of-way to motor vehicles entering or
exiting a driveway and all pedestrian traffic on the sidewalk.

(c) It is lawful for city employees or city contractors to operate a city-owned ORV for any
purposes within the scope of city operations.

(d) A person shall not operate an ORV on any public sidewalk for snow or ice removal
purposes, or on any street for any purpose:

(i) Before the 1
st
of OctoberNovember or after the 1
st
of MayApril; or

(ii) Before 6 a.m. or after 10 p.m.; or

(iii) With a blade exceeding 36 inches in width.

(e) All persons removing snow under this Chapter shall comply with the following:

(i) Snow must not be deposited and spread onto City streets or other
portions of the public sidewalk;

(ii) Snow shall not be deposited so as to obstruct fire hydrants or mailboxes;

(iii) Snow shall not be deposited so as to create any visual obstruction which would
impair the safe use of City streets or sidewalks;

(iv) The ORV must be operated with at least 1 flashing, rotating or oscillating yellow
or amber light that is clearly visible in a 360-degree arc from a distance of 500
feet; and

(v) An ORV must not be used for the removal of snow or ice from a sidewalk where
it will damage or is likely to damage the sidewalk.

(f) An ORV may not be operated for any purpose under this Chapter:

(i) At a speed greater than 25 miles per hour or a lower posted ORV speed limit, or a
rate of speed greater than what is reasonable and proper under the existing
conditions;

(ii) Against the flow of traffic;

(iii) In a manner that interferes with traffic on the City street or pedestrian use of a
sidewalk, or that is otherwise careless under the existing conditions;

(iv) Without displaying a lighted headlight and lighted taillight;

(v) Without a crash helmet and protective eyewear that are approved by the United
States department of transportation, unless the person is wearing a properly
adjusted and fastened safety belt and the ORV is equipped with a roof that meets
or exceeds United States department of transportation standards for a crash
helmet;

(vi) By a person under the age of 12;

(vii) By a person under the age of 18 unless the person is in possession of a valid
drivers license or under the direct supervision of a parent or guardian and the
person has in his or her immediate possession a Michigan issueds ORV safety

certificate or a comparable ORV safety certificate issued under the authority of
another state or a province of Canada.

(viii) If the ORV is registered as a motor vehicle under the Michigan vehicle code and
is either more than 60 inches wide or has three wheels, unless the person
possesses a valid drivers license;

(ix) While towing or carrying any person in a sled, toboggan or any other similar
device.

(x) In a manner that would violate or conflict with the general ORV use restrictions
or requirements provided under state law, including but not limited to, MCL
324.81133, including all mechanical and emission requirements.

450.06 RESPONSIBILITY.

The operator of an ORV involved in any accident resulting in any property damage, personal
injury, or death shall report such accident to the local police immediately.

The operator of the vehicle is liable for damages to private property caused by operation of the
vehicle under this Chapter, including, but not limited to, damage to trees, shrubs, or growing
crops, injury to other living creatures, or erosive or other ecological damage. The owner of the
private property may recover from the individual responsible nominal damages of not less than
the amount of damage or injury.

450.07 IMPOUNDMENT.

Any ORV operated contrary to or in violation of any provisions of this Ordinance as it relates to
or concerns the operation of an ORV on City streets, or of the Public Acts of the State of
Michigan, may be impounded to the extent permitted under MCL 324.81147. In the event an
ORV is impounded, the owner of the ORV must pay the cost of transportation, towing, storage,
and prove ownership of the ORV before it is released to that owner.

450.08 SEVERABILITY.

Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to
any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or
should any portion of this ordinance be pre-empted by state or federal law or regulation, such
decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.

450.99 PENALTIES.

(a) A violation of this Chapter of the ordinances as it relates to and concerns the operation of
an ORV on a City street and/or a public sidewalk shall constitute a municipal civil infraction and
is subject to a fine of not more than $500.00.

(b) In addition, a court may order a person who causes damage to the environment, a City
street, or other public property as a result of the operation of an ORV under this Chapter to pay
full restitution for the cost of repairing such damage, above and beyond any penalties paid for
civil fines.

Resolution
NO. 276
A Resolution authorizing the City Manager to execute drainage easements for purposes of estalishment!
construction! operation! maintenance! and impro"ement of the Minges #roo$ %rain &ro'ect #ypass
Channel.
BATTLE CREEK, MICHIGAN - ()*2(*2)(+

,t is resol"ed that the City Manager is authorized to execute the necessary drainage easements and all other
documents necessary to the Minges #roo$ %rain &ro'ect #ypass Channel to authorize the City to perform
the -or$ as is set out in the #ig Marsh %rain .or$ &lan.

#attle Cree$ City Commission
()*2(*2)(+
A#tion $%mmay
$taff Membe" /ill 0umphreys 1teele
&e'atment" City Attorney
$(MMAR)
A Resolution authorizing the City Manager to execute drainage easements for purposes of estalishment!
construction! operation! maintenance! and impro"ement of the Minges #roo$ %rain &ro'ect #ypass
Channel.
2he ypass channel -ould reduce flo-s for the lo-er "olume*higher fre3uency flood e"ents! primarily the
2 year 45)6 chance7 to () year 4()6 chance7 flood e"ents. 2he engineer8s opinion of cost for the yass
channel is 9275!))) and includes construction! design! construction administration! and easements.


2he residential neighorhood along :yn-ood %ri"e fre3uently experiences flooding that o"ertops the
road-ay and is reported y residents to e occurring more fre3uently. A pre"ious study of the entire
-atershed! including #ig Marsh %rain and Minges #roo$ recommended a phased pro'ect to reduce
flooding fre3uency! decrease flood ele"ations and to address long term infrastructure needs including a
ypass channel! parallel to :yn-ood %ri"e! -hich -ould ta$e excess flo- from Minges #roo$ and reduce
flooding at the :yn-ood %ri"e crossings. ;asements are needed from fourteen residential properties
ad'acent to the ypass to allo- for clearing of trees and construction of the channel.

2he ypass channel -ould e located south of :yn-ood %ri"e and north of #uc$ley :ane. 2he total
-idth of the channel -ould e approximately +) feet and the length of channel from the old farm crossing
to re<enter Minges #roo$ do-nstream of the ;ast :yn-ood cul"erts -ould e aout =)) feet. 2he channel
-ould run along the ac$ lines of existing residential properties located on :yn-ood %ri"e and #uc$ley
:ane.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$

A22AC0M;N21>
?ile Name %escription
Minges_Brook_-_Bypass_Channel__Plan.pdf Minges Brook Bypass Channel Plan
MBDP_easement.pdf Bypass channel easement

1 of 3

DRAINAGE EASEMENT
MINGES BROOK DRAIN PROJECT

Grantors, __________________________________________, whose address is
___________________________________, Battle Creek, Michigan 49015-7920 grant to the
City of Battle Creek, a Michigan Municipal Corporation, Calhoun County, Michigan, and its
successors and assigns, hereinafter the Grantee, whose address is 10 N. Division Street, P.O.
Box 1717, Battle Creek, MI 49016-1717, an easement for purposes of establishment,
construction, operation, maintenance and improvement of the Minges Brook Drain Project,
Bypass Channel over and upon certain land owned by the Grantors described as follows:

PROPERTY DESCRIPTION

For the sum of ________________________ ($______.00) Dollars.

This easement is executed and delivered subject to the following terms:

1. This Agreement shall be effective as of _____________, 2014.

2. The Grantor grants to Grantee the right of ingress and egress onto and over said
parcel of land for uses and purposes of drainage with such rights of entry upon, passage
over, storage of equipment and materials including excavated earth as may be necessary
or useful for the establishment, construction, operation, maintenance and improvement of
said Drain. The easement is described and depicted in the attached Exhibit A.

3. The Grantee agrees that it will indemnify and hold Grantor harmless from any
claim of liability arising out of or as a consequence of any negligence by the Grantee, its
authorized agents or employees in utilizing the drainage easement, except for any claim
or liability which results from the intentional or negligent acts of the Grantors.

2 of 3
4. The Grantee agrees that the use granted shall be limited to drainage purposes and
the uses incidental to drainage purposes. As used in this indenture, the term drainage
means the flow of normal and excess rain water, across the easement premises and shall
not be deemed to permit the installation of a sewer of piping of any nature unless
expressly authorized by the written consent of the Grantors.

5. The Grantors agree that they shall grant no other licenses, easement, or other
interests in the land unless subject to the easement granted by this document and upon
obtaining the consent of the Grantor in writing any terms nature and location of any other
licenses or easement as not interfering with rights granted under this indenture.

6. Grantee acknowledges that the Grantors reserve the right to use the easement
premises in such a manner that will not prevent or interfere with the exercise by the
Grantee of the rights granted under this indenture.

7. The parties intend this indenture to be an easement in gross permitting all rights
and privileges granted herein, including all benefits and burdens, to run with the land and
to be binding upon and inure to the benefit of the parties hereto, their respective
representatives, successors and assigns.

8. This Agreement contains the entire understanding of the parties regarding the
conveyance of these easements and the parties acknowledge that there have been no
representations or understandings other than those expressly set forth in this Agreement.

Exempt pursuant to MCL 207.505(a) and MCL 207.526(a).

GRANTORS

GRANTEE
______________________________

____________________________________

By : ______________________________
Rebecca L. Fleury
City Manager

STATE OF MICHIGAN )
)ss
COUNTY OF CALHOUN)

On this __________ day of __________, 2014, before me, a notary public in and for said
County, personally appeared ________________________, to me known to be the same person
described in and who executed the within instrument, and who acknowledged the same to be the
free act and deed of said Grantor.

3 of 3

________________________________
Notary Public
Calhoun County, Michigan
My Commission Expires:______________

STATE OF MICHIGAN )
)ss
COUNTY OF CALHOUN)

On this __________ day of __________,, 2014, before me, a notary public in and for said
County, personally appeared ________________________, to me known to be the same person
described in and who executed the within instrument, and who acknowledged the same to be the
free act and deed of said Grantor.

________________________________
Notary Public
Calhoun County, Michigan
My Commission Expires:______________

This Drainage Easement Drafted By:
C. Marcel Stoetzel, III, Esquire
P O Box 1717
Battle Creek, MI 49016-1717
(269) 966-3385

Resolution
NO. 277
A Resolution authorizing a change order for Wastewater Treatment Plant Solids Handling uilding from
!.". "osca # Associates$ %nc. in a not&to&e'ceed amount of ()*+$,-../).
BATTLE CREEK, MICHIGAN - ).02)02.)1

The 2it3 4anager is authorized to e'ecute a change order to contract 52.)1&.+* with !.". "osca #
Associates$ %nc.$ in a not&to&e'ceed amount of ()*+$,-../) for 6urlin re6lacement for the Wastewater
Treatment Plant Solids Handling uilding 6ro7ect$ which will 8e 6aid from 9!: +/..21.,+*..-.).*)..

attle 2ree; 2it3 2ommission
).02)02.)1
A#tion $%mmay
$taff Membe" 2hristine Huff
&e'atment" Purchasing
$(MMAR)
A Resolution authorizing a change order for Wastewater Treatment Plant Solids Handling uilding from
!.". "osca # Associates$ %nc. in a not&to&e'ceed amount of ()*+$,-../).
A not&to&e'ceed amount of ()*+$,-../) for 6urlin re6lacement for the Wastewater Treatment Plant Solids
Handling uilding 6ro7ect$ which will 8e 6aid from 9!: +/..21.,+*..-.).*)..

Resolution 5)*+ dated 10)+0)1 a66ro<ed contract 52.)1&.+* with !.". "osca # Associates$ %nc. for the
Wastewater Treatment Plant=s Solids Handling uilding in the amount of ()$-..$1...... The wor; of
this contract would ma;e the necessar3 im6ro<ements to house the Pul<erdr3er 6rocess.

After the wor; had 8egun$ it 8ecame e<ident that the 6urlins >the horizontal steel 8eams that 6ro<ide
intermediate su66ort for the common rafters in the roof? were found to 8e more corroded than seen in the
2it3=s original ins6ection. %t is necessar3 to reinforce or re6lace these 6urlins in order to su66ort the new
roof.

!.". "osca # Associates$ %nc. has 6ro<ided a not&to&e'ceed 6rice for this wor;$ which has 8een re<iewed
and a66ro<ed 83 our consulting engineers @ones # Henr3$ and Aen Aohs$ Btilities "irector 2it3 of attle
2ree;.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
ATTA2H4CNTS:
Dile Name "escri6tion
No Attachments Available

Resolution
NO. 278
A Resolution authorizing the City Manager to execute a five-year contract for the Battle Cree !olice
"e#art$ent to #rovi%e Be%for% Charter &o'nshi# 'ith #olice services.
BATTLE CREEK, MICHIGAN - ()*2(*2)(+

&he Charter &o'nshi# of Be%for% %esires to enter into a five-year contract 'ith the City of Battle Cree
that #rovi%es for the City to #rovi%e #olice services to the &o'nshi#.

&he ter$ of this contract shall ,e fro$ -uly (. 2)(+. to -une /). 2)(0. an% the Charter &o'nshi# of
Be%for% has agree% to co$#ensate the City of Battle Cree for its #rovision of #olice services in the
follo'ing annual a$ounts1

2)(+ 2382.(2)
2)(4 2304.73+
2)(3 27)0.38)
2)(7 2727.+2+
2)(8 27+4.3(2

&herefore. it is resolve% that the City Manager is authorize% to enter into the attache% five-year Contract
for !olice 5ervices 'ith the Charter &o'nshi# of Be%for% 'ith a total contract a$ount of 2/.43).3)) over
the five year #erio%.

Battle Cree City Co$$ission
()*2(*2)(+
A#tion $%mmay
$taff Membe" -ill 6u$#hreys 5teele. City Attorney
&e'atment" City Attorney
$(MMAR)
A Resolution authorizing the City Manager to execute a five-year contract for the Battle Cree !olice
"e#art$ent to #rovi%e Be%for% Charter &o'nshi# 'ith #olice services.

&he City has #rovi%e% #olice services to Be%for% Charter &o'nshi# for a nu$,er of years over a series of
%ifferent contracts 'ith the $ost recent five year agree$ent having ex#ire% -une /). 2)(+. ,ut 'hich
#rovi%e% for negotiations annually to set the contract rate.

&he #revious contract also #rovi%e% that the City 'oul% #ay for the &o'nshi#7s #rosecution costs for
or%inance violations. &he ne' contract s#ecifies that the City Attorney7s office 'ill #rovi%e #rosecution
services. there,y saving the City that cost of rei$,urse$ent an% #rovi%ing continuity to Be%for%
&o'nshi# 'ith City #olice officers an% #rosecution ,y the City for those ty#es of cases s#ecifie% in the
contract.

8n%er this contract. there 'ill ,e at least one full-ti$e officer assigne% to Be%for% &o'nshi# for aroun%-
the-cloc la' enforce$ent services. seven %ays #er 'ee.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
A&&AC6M9N&51
:ile Na$e "escri#tion
Police_Services_Contract_FINAL_10.16.14.pdf Bedford Tons!ip Police Services Contract
L:\BCPD General Matters\Bedford Township\Police Services Contract FINAL 10.16.14.doc Page 1 of 8
CONTRACT FOR POLICE SERVICES
TO CHARTER TOWNSHIP OF BEDFORD

This contract is made between the City of Battle Creek, a Michigan municipal
corporation (City) whose mailing address is P.O. Box 1717, Battle Creek, Michigan 49016 and
the Charter Township of Bedford (Township) whose mailing address is 115 Uldriks Drive,
Battle Creek, MI 49017.
In this contract, when the term BCPD is used, it shall mean the Battle Creek Police
Department and when the term Chief is used, it shall mean the BCPD Chief of Police.
AUTHORITY
1.0 This agreement is entered into pursuant to authority granted by the Urban
Cooperation Act of 1967, being MCLA 124.501, et seq., and the Charter Township Act, being
MCLA 42.1, et seq.
PURPOSE
2.0 This contract provides for the City to furnish police services to Township
pursuant to the terms, conditions, and limitations set forth in this contract. No independent or
separate legal or administrative entity is created by this inter-local agreement. City is being
authorized by Township under this agreement to exercise law enforcement power granted to
Township.
TERM OF AGREEMENT
3.0 This agreement shall be effective J uly 1, 2014 and continue for a period of five
(5) years ending J une 30, 2019.
FINANCIAL ARRANGEMENTS
4.0 For the services to be provided under this contract, Township agrees to:
4.01 Pay City the sum of $682,120 per year for the first year of this Agreement.
The parties agree that the sum to be paid for services for the second and third
years of the contract shall increase by approximately 2% of the preceding years
total, and shall increase by approximately 2.5% of the preceding years total for
the last two years of the contract with the exact amounts as are set out below.

J uly 1, 2015 $695,764
J uly 1, 2016 $709,680
J uly 1, 2017 $727,424
J uly 1, 2018 $745,612

4.02 Provide and pay for such police dispatch services as may be necessary to
the performance of the BCPDs duties and shall hold the City harmless from any
party seeking payment or to compel contribution by the City for such service.

4.03 Pay all civil, criminal and traffic fines levied and collected by any
ordinance, bureau, or court of appropriate jurisdiction generated by the
enforcement of Township ordinances to the City in addition to fees set forth in
paragraph 4.01. Township agrees to direct such fines and costs to City directly
from the collecting agency if possible or agrees to pay to City such fines and costs
within thirty (30) days of receipt by Township from the collecting agency;
provided, however, that fines and costs generated by the Townships own
prosecution efforts, the costs of which are borne exclusively by the Township and
not reimbursed by the City, such as those generated by building code enforcement
and the like, shall be directed to and retained by the Township.

4.1 Township agrees that City may keep all fees collected for the issuance of
concealed weapon permits, fingerprinting, or other miscellaneous services provided by City and
which generate user fees.
4.2 Fees generated by liquor and license fees applications, transfers, or other activities
within the Township shall be kept by Township to be used as provided by law.
SERVICE TO BE PROVIDED
5.0 City agrees to provide one (1) full-time law enforcement officer per shift for
around-the clock law enforcement services, seven (7) days per week to Township during the
term of this agreement. This service shall include the presence of at least one officer and one
patrol vehicle within the Township at all times; provided, however, that the presence of an
officer within the township shall be excused during the transportation and processing of
prisoners and brief court appearances and while supplying emergency assistance to neighboring
municipalities pursuant to mutual aid agreements or in cases of general emergencies, including
area wide search-and-apprehension efforts. The Chief or his designee may also provide
additional law enforcement services in order for City to provide all of the types of police service
to the Township as are presently provided to City and agrees that whatever police services made
available to the City in the future will also be provided to the Township.
Police services provided to Township shall include:
5.01 City will plan, establish, direct and control policies and programs instituted by the
BCPD for the prevention of crime, enforcement of laws and ordinances, apprehension of
offenders, protection of life and liberty, preservation of peace and orderly conduct and
the standard law enforcement services for all citizens.

5.02 City law enforcement officers assigned to the Township will prepare written
reports, complete police and traffic records, testify in court and perform all other
functions necessary to successful prosecution of offenses and enforcement of state law
and local ordinance.

5.03 City will provide a law enforcement command officer (Sergeant or above) to act
as a liaison at Township Board meetings. However, with Township Supervisor input, the
Chief may choose to provide additional BCPD representatives at Board meetings.

5.04 City will meet or exceed the six (6) minute initial response time for personal
injury accidents, criminal offenses involving injury or the threat of injury, offenses in
progress involving injury or the threat or injury, offenses in progress involving property
damage, etc. Response time standards will be met 90% of the time. Standards will be
calculated and provided to Township on a monthly basis.

5.05 City will provide to the Township monthly reports of activity, including dispatch
reports, the number and nature of calls responded to, and traffic enforcement activity
reports.

5.06 The assigned City law enforcement officer will visit the Township office daily. In
addition, the Township Supervisor and staff will have a direct line of communication to
the Senior Command Officer of the Patrol Division for necessary inquiry.

5.07 City shall respond to all calls for police services; provide patrol and observation
services within the Township; enforce all state statutes and Township ordinances,
including traffic laws, during the 24-hour patrol service period and respond to 911 calls;
investigate crimes and accidents; and enforce parking regulations. Police services shall
include but not be limited to, general investigation for major crimes, including follow-up
investigations of homicides, rapes and arson; narcotics investigation and enforcement;
forensic laboratory services; traffic enforcement and investigate accidents; telephone
response services; computerized records management services; emergency response team
services; animal control services enforcing state and Township animal ordinances;
enforce and assist Township code officials in enforcing all laws and Township ordinances
relating to abandoned and/or junk vehicles and blighted property; community services;
and crime and problem analysis.

5.08 Supply all labor, necessary law enforcement and IT equipment and supervision
necessary in fulfilling the contract.

5.09 City shall provide prosecution services to Township for prosecution of all
municipal ordinance violations, excluding building code enforcement for all new cases
instituted after this agreement has been signed by both parties. In addition, City shall pay
all charges of the district court, if any, for indigent court appointments made by the court
in appointing defense counsel to defend persons charged with Township ordinance
violations.

The parties may, by mutual written agreement, revise this provision such that the
reasonable cost of legal counsel for prosecution services required for the enforcement of
Township ordinances shall be assumed and paid for by the City at no additional cost to
the Township under this contract. As used in this section reasonable cost of legal
counsel for prosecution services means an hourly rate of no more than $140 an hour for
the balance of 2014. This hourly rate may be increased during the term of this agreement
based upon the mutual written agreement of the parties. If the parties should mutually
agree to revise this provision as provided above, then City also agrees to pay all
reasonable and necessary fees for the prosecution services of Townships attorney for
ordinance prosecutions, including incidental costs for supplies, appearance tickets,
stationery, notices, forms, etc., and may request Township to review its selection of
attorneys based on cost and level of service. Township will timely submit to City
invoices from its attorney selected for ordinance prosecutions and bills from the County
for indigent court appointments for payment by City.

5.1 Township specifically grants the authority to City and its police agency to enforce
state law and Township ordinances within the boundaries of the Charter Township of Bedford to
the full extent that Township is authorized under Michigan law to exercise its police power.
5.2 All persons employed in the performance of police services and functions for the
Township pursuant to this Agreement shall be City employees, and no person employed by the
City shall acquire any Township pension, civil service status or rights with the Township by
reason of such employment with the City.
GRANTS
6.0 City and Township agree to cooperate as may be required in seeking grants during
the term of this agreement for police services to be provided in the City and the Township or in
other areas.
LIABILITY AND INDEMNIFICATION
7.0 City agrees to the extent allowed by law to indemnify and defend Township for
all claims, demands, suits, actions or proceedings resulting from or arising out of Citys actions
or omissions in providing police services to Township under this agreement. Township
acknowledges that City is self-insured for such liability and will either rely on this pledge of
indemnification for its protection or may at its option insure such risk at its own expense. In case
of any action or proceeding brought against Township by reason of such claim, suit, action or
demand upon prompt notice from Township, City covenants to defend such action or proceeding
by the City attorneys office, or at the City Attorneys discretion by outside counsel that is
reasonably satisfactory to Township or as any insurance policy may provide.
7.1 Township agrees to indemnify, defend and save City harmless from all claims,
demands, suits, actions or proceedings of any kind, expenses including attorney fees, judgments,
penalties, fines and amounts paid in settlement, in any way resulting from or arising out of
Townships ordinances enforced by City police if the claim, demand, suit, action or proceedings
alleges that the Township ordinance is unconstitutional or in any other way unlawful, or from
such claims, demands, suits, actions, or proceedings where allegations that Townships attorney
through an act or omission caused damage to a third party. In case of any action or proceeding
brought against City by reason of such claim, suit, action or demand upon prompt notice from
City, Township covenants to defend such action or proceeding by counsel that is reasonably
satisfactory to City or as any insurance policy may provide.
7.2 The Township shall not be liable for the direct payment of any salaries, wages,
benefits or other compensation and shall not incur liability other than that provided for in this
Agreement.
7.3 The Township shall not be liable for compensation or indemnity to any City
employee for injury or sickness arising solely out of his or her employment except as otherwise
provided in this agreement.
DEFAULT
8.0 If Township defaults in payments due under this agreement and such default
continues for thirty (30) days after written notice from City, or either party fails to correct the
breach of any other material term or condition of this agreement within sixty (60) days after
written notice from the other party of the nature of such breach, or if Township becomes
insolvent, makes an assignment for the benefit of creditors, or is adjudicated bankrupt, or a
receiver is appointed for Township at its request, then it shall be lawful for the party not in
default at any time thereafter to terminate this agreement in accordance with applicable Michigan
law and statute.
RIGHT OF CONSULTATION
9.0 The Township Supervisor shall have the right from time to time to consult with
the City Manager for the purpose of reviewing police services provided to the Township. The
City will consider request for a change in service or a change in the way service is provided to
the Township. If such changes can be reasonably implemented by the BCPD consistent with the
way such services are provided to the City, City will make its best efforts to make such changes
in the type of service or manner in which such services are provided.
MISCELLANEOUS PROVISIONS
10.0 Complete Agreement. This agreement constitutes the complete agreement
between the parties.
10.1 Force Majeure. City is relieved of its obligations under this agreement for events
outside of its control, which make it impossible to provide police services to Township. Such
events include but are not limited to acts of God, natural disasters, civil insurrection, war, or
labor stoppages. City agrees that it will provide to Township even during such events the same
level of police services as are provided to City.
10.2 Assignment of Obligations or Rights. Neither party may assign any part of this
agreement to a third party without written consent of the other party.
10.3 Notices. All notices or demands required to be given shall be in writing and
either delivered by hand or sent by first-class mail, postage prepaid, through the United States
postal system, addressed to the party to be affected as follows:
As to City: City Manager
P.O. Box 1717

With a copy to: Battle Creek Police Chief
P.O. Box 1717

As to Township: Supervisor
Charter Township of Bedford
115 Uldricks Drive
Battle Creek, MI 49017

10.4 Amendment. This agreement may be amended only by written agreement
between the parties.
10.5 Execution and Counterparts. This contract may be executed in several
counterparts, each of which shall be an original and which shall constitute one in the same
instrument.
10.6 Captions. The captions/headings in this contract are for convenience only and in
no way define, limit or describe the scope or intent of any provision in this agreement.
10.7 Notwithstanding the terms of this agreement as stated in Section 3.0, 4.0, and
4.01, either party may terminate this agreement at any time providing it gives written notice to
the other party of its desire to so terminate the agreement. Such written notice must be provided
at least one year prior to the effective date of termination. If such notice is given, this agreement
and all obligations hereunder shall terminate as the effective date provided in the written notice
of termination. If said notice is given pursuant to this section, all payments as described in
Section 4.01 shall be prorated to the date of termination of this agreement.

CITY OF BATTLE CREEK

Dated: ____________________ By: ______________________________
Rebecca L. Fleury
Its: City Manager

CHARTER TOWNSHIP OF BEDFORD

Dated: ____________________ By: ______________________________
Tom Sprau
Its: Supervisor

Drafted by:
J ill Humphreys Steele (P53335)
Battle Creek City Attorney
10 N Division Street
Battle Creek, MI 49014

City Commission Meeting 10.21.2014

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City Commission Meeting 10.21.2014

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Agenda: Battle Creek City Commission

Meeting Date: October 21, 2014- 7:00 PM

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