City Commission - Regular Meeting

Welcome to the city of Battle Creek, Michigan in the Battle Creek City Commission meeting for May 5th, 2026. It is 7 o'clock. I'm checking to see if we have Commissioner Simmons hooked up. Yes. Good evening. I'm here.

Thank you very much, Chris. We'll start with our moment of silence for our invocation. If you're able to stand, please do so. And our pledge of allegiance will be led by Commissioner Jim Lance. Mr. Jim Lance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. We have one commissioner that's being uh held up at work. Commissioner Patrick O'Donnell. Madam clerk, will you take roll call?

Sure. Commissioner Katarski Smith here. Commissioner Lacass here. Commissioner Lance here. Commissioner Morris here. Mayor Bi here. Commissioner Reynolds present. Vice Mayor Sophia here. And Commissioner Simmons. We have three proclamation. Thank you.

Thank you everyone. We have three proclamations tonight. First of all for professional municipal clerks week. Secondly for child care provider appreciation day. And thirdly for police officer memorial week and police officer memorial day 2026. At this time if the um volunteers are here along with the city clerk, please come forward. Well, Becky, tell us a little bit about uh the clerk's week and how many times have you been through this? Now,

um for the clerk week, I think this is my 14th year. Yeah. So, um is an election day. How many people know that, but um all of our precincts are open till 8:00 PM if you want to go and vote um before the end of the day. But other than that, in the clerk's office, we um facilitate three city cemeteries. We also do business licensing, elections, um records for all of the committees and the boards and resolutions and stuff like that. And one interesting facet of the clerks is that this year they computerized all the burials in all the cemeteries and they also found some burials that they did not realize that they had. So, um we are sharpening our our abilities to locate people, but um I think that's a plus for Battle Creek when it comes to our cemetery. So on behalf of the city commission, we would like to present this proclamation and thank you for your hard work [applause] provider appreciation day. Do we have anyone here from that organization? Yes, we do. Thank you. Thank you very much. Now, out of the five of you, there should be someone that would like to go on record and talk about your child care provider location. There's no one. [laughter] Well, I want to say thank you. So, I know that I attended the event at KCC uh

just this past March um where a lot of you were being um given a lot of awards and I think some encouragement to do more when it comes to child care um providing in our city. So, we want to thank you. We appreciate your hard work and on behalf of the Battle Creek City Commission, we want to present this proclamation. Would you like to receive it for Thank you. All right. We get [applause]

and chief, do you have a minute, sir? Can you tell us a little bit about uh police memorial week and police officer memorial day? Certainly.

Um next week we celebrate the the sacrifices of the women and men throughout the country that have paid the ultimate sacrifice in service for their communities died in the line of duty. Uh sadly here we don't have to travel too far in the distant past. Uh one of our own here, Detective Leverne Bran a few decades ago gave his life. Um Ryan Proxm Kazoo County Sheriff Deputy in 2021. And then one of the officers I used to work with back in Kazoo, Eric Zapata, uh, approximately 20 years ago, uh, 15 years ago, uh, also lost his life in the performance of his duty. So, we set aside this week, it's a national holiday to honor the sacrifice of the women and men that have paid the ultimate price in the commitment to service. Thank you,

Chief. Thank you very much. And on behalf of the city commission, we'd like to present this proclamation. Would you please share it with your officers? [applause] Next item on our agenda is chair noting any added or deleted resolutions. Resolution number 376 was pulled from the agenda. Thank you very much madam clerk. Next item is petitions, communications and reports.

There were none. Thank you. Next item is public comment regarding any remaining agenda items. If you'd like to make public comment regarding any remaining agenda item, please raise your hand and we will acknowledge you to come forward to the podium. You'll have four minutes to make your comments. Please state your name and address. Before making your comment and indicate which agenda item you are speaking to. Are there any public comments at this time? Are there any public comments? Seeing none, we'll next go to introduction of ordinance. Ordinance 12-2026. Madame clerk, when you're ready.

This proposed ordinance, if introduced, would amend chapter 1281 of title six, zoning of the code of ordinances to make text corrections, clarify requirements, correct formatting. This ordinance would also make substantive changes to section 1281.01, 01 section K8B to clarify what qualifies as substantial progress and bonafide development for purposes of determining when an approved conditional resoning expires. Section 1281.01k10 to clarify that minor amendments that do not change the approved zoning or offered conditions are exempt from the full conditional reszoning process. Section 1281.04 4 C1A and B to clarify that the site plan review exemption applies only to single units of single family and two family dwellings and does not exempt larger residential developments that require de developer installed streets or infrastructure. Section 128101 GA would remove the requirement for a second newspaper public notice before the city commission meeting for zoning map and text amendments since it is not increased in attendance and adds unnecessary cost.

I move for the introduction of ordinance 12-2026

support. Been moved and supported to introduce um 1226 proposed ordinance 1226. Are there any comments by the commission? I see none. Would everyone please vote? The introduction of 12-2026 has been approved. Next item on our agenda is a pro proposed ordinance introduction of 13-2026. Madam clerk,

this proposed ordinance, if introduced, would reszone the properties located at 14 Yuba Street, 175 Main Street, and 169 Main Street from MFR highdensity multifamily District to T3 neighborhood commercial district to allow the conversion of an existing vacant single family home to be converted into an office building in support of the community action partnership organization. I move for the introduction of of ordinance 13-2026. Support.

Been moved and supported to introduce proposed ordinance 13-2026. Are there any comments by the commission? Seeing none, would you please vote on the introduction of 13-2026? Ordinance 13-2026 has been introduced. Next item on our agenda is the commission comment regarding medium business. I move for the approval of the consent agenda. Support. Been moved and supported to approve the consent agenda. Are there any comments by the commission?

Seeing none, would you please vote on the consent agenda? The consent agenda has been approved. Next item on our agenda is resolution 377. If approved, this resolution would would authorize Marcy Gillette, assistant city manager, Erin revenue services director, or Michelle Hull, human resources director, to execute any and all documents on behalf of the city manager during any period in which the city manager is absent from the city. I move for the approval of resolution number 377.

Support. It's been moved [clears throat] and supported to approve resolution 377. There are any comments by the commission? See none. Would you please vote on resolution 377? Resolution 377 has been approved. Next item on our agenda is resolution 378. This resolution, if approved, would permit the city attorney to utilize outside council Baron and Bud PC, Simmonson Susman LLP, and Young and Partners LLP as outside council to represent the city of Dev Creek in litigation arising from injuries and damages related to and caused by firetruck manufacturers and other defendants, unfair, and anti-competitive business practices in violation of antitrust laws. I move through the approval of resolution number 378.

Support. Been moved and supported to approve resolution 378. Are there any comments by the commission? Seeing none, would you please vote on uh resolution 378? Resolution 378 has been approved. Next item on our agenda is resolution 379.

This resolution, if approved, would authorize the city manager to execute a contract with Peopledriven Technology Incorporated through the G2G Cooperative Purchasing Agreement administered by Oakland County. The city's current infrastructure was last replaced in 2018 and is coming to end of life. Move for the approval of resolution number 379. support. So we moved in and supported to approve resolution 379. Are there any comments by the commission?

Seeing none, would you please vote on resolution 379? Resolution 379 has been approved. Next item on our agenda is resolution 380. Madam clerk,

this resolution, if approved, would authorize the city manager to execute a contract with the lowest responsible bidder for the Verona pumping station re-roof and authorizes the city manager or her design to approve change orders for up to 15% in aggregate for city initiated and preapproved changes for unseen unforeseen field conditions that are not itemized in the contract. I move for the approval of resolution number 380. Support been moved and supported to approve resolution 380. Are there any comments by the commission commission?

I was just wondering I know typically we have the change orders at 10% and I saw that this one was at 15. Was that an error or is that is there a reason for that? That was listed in the contract that was prepared by the purchasing department. If Chris Huff is comfortable, I'm comfortable. Okay. Any other comments by the commission? Seeing none, would you please vote on resolution 380? Resolution 380 has been approved. Next item on our agenda is resolution 381. Madam clerk,

this resolution, if approved, would approve a special use permit for the expansion of Sunset Garden Cemetery located at 15769 South Helmer Road onto the unadressed parcel number 0066-0000-110-0. This property is zoned I light I1 light industrial which allows for the operation of cemeteries with an approved special use permit. Move for the approval of resolution 381. Support. Been moved and supported to approve resolution 381. Are there any comments by the commission?

Hearing none. Would you please vote on resolution 381? Resolution 381 has been approved. Next item on our general's general public comment. If you'd like to make general public comment regarding over matters over which the city commission has control, please raise your hand and wait for us to acknowledge you to come forward to the podium. You'll have three minutes to make your comment. Please state your name and address prior to beginning your comment. There any public comments tonight? Yes, Mary. You're out of breath still.

I walked here but I was running late because of the train. Anyways, I wanted to say um I really appreciate you guys working. I know you're not paid enough and that's not okay with me, but I can't print money to pay you. So, I need you to work better. And I had a really great meeting with the city manager and she can share a lot of the things with you and I'm very impressed. Actually, I've talked with a lot of different city officials in different cities and counties and she actually understood everything I talked about whether we agree or not isn't it. She just actually comprehended it and I'm like thank you. It's nice to have somebody at least comprehend the situation. An area that I think is not I I love a lot of what she has and Ted and the new young lady I can't read your name. Marcy uh are doing and addressing the lots the buildable lots. Very impressed. More than what I was going to do actually. I like that. More I and actually found mistakes in my list. I'm not the only one finding my mistakes.

Mary, do you mind if I check to see if the timer is working? Okay. Well, I don't care. Oh, it says 251. Okay,

that is working. So, but what I really think you need to to start focusing on is your sidewalks. My goal is to take the thousand residential lots you have in this city that are government owned and get them private owned and get them on the tax roles. This is part of why you don't have any money. You just haven't been collecting it on 30 years on these properties. It's a thousand at my best guess. So, I really am happy she's willing to address the ones you own. Uh but uh the sidelotss are the money drainer and owning them for 30 or forever with the philosophy they presented to me is not okay with me. I do not agree that you need to own them forever because someday you might change the size of a buildable lot. That's just not intelligent. I also don't agree that you should not sell them because the neighbor to the neighboring people because they might not want them. It doesn't matter. I don't want to subsidize these lots for the rest of time because you own them and the neighbor doesn't want to buy them and they're not buildable. That's just not intelligent. You need to find a more intelligent answer because right now the neighbors get to have the lots landscaped and taken care of and they don't have to pay taxes and they enjoy them as their private park or whatever and the city subsidize it and what are we going to do? Own half the lots in the city. No, you've got to be intelligent. A lot of cities within 12 months they've got a plan and they're off the books and on to the other people. I've had it happen to me. Didn't like it too much, but I got a bigger lot. made my lot worth more money. So, anyways, have a great day, guys. Talk to you later.

Thank you, Mary. Any other public comment at this time? Yes, Joe.

Joe Harris, Battle Creek. Uh, good evening, mayor, commissioners. Uh, I just want to start by acknowledging something that often goes unsaid. Um, sitting where you sit cannot be easy. Meeting after meeting, you hear concerns, complaints, and criticism. I can understand how that can become discouraging over time and I appreciate the work that each of you does for our community. But I also want to speak about something that exists alongside that reality. Uh the role of citizens in our constitutional republic to speak openly about government decisions because even though criticism can be difficult to hear. It's not a sign the system is failing. It's often a sign the system is working. Our country was founded on criticism of government. The Declaration of Independence was a list of grievances. And throughout American history, progress has often begun with voices that were uncomfortable at the time. Voices like Frederick Douglas, Susan B. Anthony, and Martin Luther King Jr. At the local level, the same principle applies. When commissioners vote, those are public decisions. And when citizens respond to those decisions, whether in agreement or disagreement, that's not personal. It is participation. I fully understand the need for respectful and orderly meetings. Disruption should absolutely be addressed. But there is an important distinction. Disruption should be addressed. Disagreement should be allowed. During the April 21st meeting, while I was speaking about how commissioners had voted on a prior matter, I was interrupted and told, "Let's not criticize people and how they vote," followed by, "Well, I'm telling you not to." I attempted to clarify that I was discussing official actions, not making personal attacks, because respectfully, discussing how elected officials vote is not outside the bounds of public comment. It's at the very center of it.

And I say this not in anger, but in the hope of mutual understanding. Just as it can be discouraging to hear criticism, it can also be discouraging for citizens to feel that their concerns about public decisions cannot be fully expressed. That tension is part of how our government works. It's not always comfortable, but it's important because our government is not measured on how we handle agreement. It's measured by how we handle disagreement. And my hope is simply that public comment remains a space where citizens can speak openly about public decisions, including how votes are cast while still maintaining respect for everyone involved. And thank you.

Thank you for your comments. Any other public comments at this time? Yes, sir. Good evening everyone. My name is Jerry Steiner. It's been a minute since I came through here. Uh I apologize. I've been on a sort of pilgrimage. Uh my family told me I had been neglecting them. So I tried to pick that ball up. But I haven't forgotten all because I was born and raised here and feel that I have a voice here. I'd like to folks on the city commission, the Battle Creek.

Hey, Jerry, do you mind speaking towards us? I'll try to do that. Thank you. But in the interim, if you feel like you got to correct me, I will not take offense. Thank you.

Hold on. What I want you to know is is that I appreciate everything y'all done. you're in a pretty precarious situation. I understand that. But I believe on a lot of issues, you've fallen short. And I would address them like this. The citizens that put you in this position, in my opinion, deserve better. I know you can do better. I know we're in a dark time with what's going on in Washington, Lancing, right here in Battle Creek, but uh I have confidence in this city commission, everyone here to voice their opinion on what they don't like and what they know can be better. No, I'm just one guy. You know, in this mainstream they call life, but I know one thing. And my grandmama said, and Lord have mercy, I miss her. She said, "Baby," she said, "we can always do better." This founded country was founded on disagreement. But somehow for the last 250 years, we might manage to compromise. Mayor Binky, me, members of the city commission, y'all got a job. I got to commend you to navigate the political arena and what goes on in community and your personal lives. It's got to be monumental.

But I believe in this if I believe in nothing else. We do nothing unless we do it together. We can do nothing unless we put the concerns of someone else before our own doesn't happen. Let me tell you something, Jerry. Their time is up. Thank you very much for your comments. I get additional time. Thank you, Jerry. Oh, Lord have mercy. I'm getting cut off in America. All right, Jerry, you're going to have to sit down now. All right. Well, I'll sit down, Jerry. Jerry. Hey. Hey. Jerry, this is your first warning. All right, give me another one. No, you have to sit down.

Give me another one. All right, I'll rule you out of order. Okay, rule me out of order. This America. I can speak. Okay, so what's up? You going to deny me the right to speak? I'm denying you any further opportunity to speak. Okay, you got that. You got that right. I'm going on the record, y'all. The mayor of Battle Creek has denied me the right as an American to speak. Thank you. There are any other public comments at this time,

John. John Kenneth, 234 South Avenue. A famous comedian once said, "If you want a successful commission elected person, put him on commission." If that was the case, none of you would get paid anything. Today is a day they're taking a vote to see if you have a term going from two years to four years. I'm hope hoping that vote fails. Why? because I'm hoping the citizens of Battle Creek understand the damage that this commission and previous commissions have done to the citizens of Battle Creek and evicte he vote you all out of office. Your your philosophy is you've never met a cost increase or a tax increase you didn't like. If you want to prove me wrong, show me the resolution that is in the opposition of that. You have a resolution up here back that says you're going to spend over a million some odd dollars and you're going to save money. What are you going to do with that savings? You're going to keep the money. Citizens get nothing. You don't represent them. You've always represented the government. People have stood up here and said that you should be respected like the rest of the citizens. The only commissioner I I have ever respected is Elizabeth Fulton. Every resolution that came up to a cost increase, she voted against because she knew something no commissioner, including you, were aware of. We're overt taxed.

Today is a historic day. Statistically, federally, every taxpaying citizen now owes back to the federal government 2 million $500,000. And all you do is give cost increases and you take out loans that make our lives more difficult and mortgage our lives. I'm hoping the citizens will figure out just exactly what the type of people you are. And one last thing, too, there's a saying about con artists. They're very personable people. They get really friendly with you and they try to sell you things that you shouldn't buy in the first place and basically raid your public raid your bank accounts and your public treasury and then you wonder what the hell happened because you trusted them. If people trust you, I think they might want to take a harder look at what you are. Thank you.

Thank you for your comments. Any other comments? Any other public comments? Seeing none, any commission comments. Commissioner Carla Reynolds. Thank you, Mayor. I just want to welcome Marcy Gillette to our chamber. Happy to have you, Marcy. Look forward to working with you. Any other commission comments, please? See none, we'll adjourn the meeting. Thank you for attending. You look so different than Ted, I'm telling you.