City of Kalamazoo

Minutes of the City Commission

2009

47th City Commission

Mayor Bobby J. Hopewell Vice Mayor Hannah J. McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

City Commission Appointees

Kenneth P. Collard, City Manager Scott A. Borling, City Clerk Clyde Robinson, City Attorney Constance Darling, City Assessor Ann Videtich, Internal Auditor Kalamazoo City Commission 2009 Meeting Schedule

January February March 5 Business Meeting 2 Business Meeting 2 Business Meeting 12 Budget Worksession1 13 Committee of the Whole 13 Committee of the Whole (tentative) (tentative) 16 Committee of the Whole 16 Neighborhood Meeting 16 Neighborhood Meeting (tentative) 17 Budget Worksession2 16 Business Meeting 16 Business Meeting 26 Business Meeting3 27 Committee of the Whole 27 Committee of the Whole (tentative) 30 Committee of the Whole (tentative)

April May June 6 Business Meeting 1 Committee of the Whole 1 Business Meeting (tentative) 17 Committee of the Whole 4 Business Meeting 12 Committee of the Whole (tentative) (tentative) 20 Neighborhood Meeting 15 Committee of the Whole 15 Neighborhood Meeting (tentative) 20 Business Meeting 18 Neighborhood Meeting 15 Business Meeting 18 Business Meeting 26 Committee of the Whole (tentative) 29 Committee of the Whole 29 Business Meeting (tentative)

July August September 2 Committee of the Whole 3 Business Meeting 4 Committee of the Whole (tentative) (tentative) 6 Business Meeting 14 Committee of the Whole 8 Business Meeting (tentative) 17 Committee of the Whole 17 Neighborhood Meeting 18 Committee of the Whole (tentative) (tentative) 20 Neighborhood Meeting 17 Business Meeting 21 Neighborhood Meeting 20 Business Meeting 28 Committee of the Whole 21 Business Meeting (tentative) 31 Committee of the Whole 31 Business Meeting (tentative)

October November December 2 Committee of the Whole 2 Business Meeting 4 Committee of the Whole (tentative) (tentative) 5 Business Meeting 9 Business Meeting4 7 Business Meeting 16 Committee of the Whole 13 Committee of the Whole 18 Committee of the Whole (tentative) (tentative) (tentative) 19 Neighborhood Meeting 16 Neighborhood Meeting 21 Neighborhood Meeting 19 Business Meeting 16 Business Meeting 21 Business Meeting 30 Committee of the Whole 30 Business Meeting (tentative)

Times and Locations Business Meetings - 7:00 p.m. in the City Commission Chambers Neighborhood Meetings - 6:00 p.m. in the City Hall Community Room

Notes 1The Budget Work Session on January 12 will begin at 6:00 p.m. in the Community Room at City Hall 2The Budget Work Session on January 17 will begin at 9:00 a.m. in the Community Room at City Hall 3The Business Meeting on January 26th will begin at 8:00 p.m. 4The Business Meeting on November 9th will begin at 8:00 p.m.

Committee of the Whole Meetings are tentatively scheduled. If the City Commission wants to hold a Committee of the Whole meeting on one of the dates listed above, a special meeting will be called and publicly noticed in accordance with the Michigan Open Meetings Act and the City Commission Rules. Unless otherwise notices, Committee of the Whole Meetings will take place in the City Hall Community Room REGULAR MEETING OF JANUARY 5, 2009 Page 1 A regular meeting of the Kalamazoo City Commission was held on Monday, January 5, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Mayor Bobby J. Hopewell

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner McCann, moved to Excused excuse the absence of Mayor Hopewell

Invocation The invocation, given by Pastor Tim McNinch, Vineyard Church of Kalamazoo, was followed by the Pledge of Allegiance.

Introduction of Vice Mayor McKinney noted the presence of Kalamazoo County Guests Commissioner Nassim Ansari.

Employee of the Mr. Gary Wager, President of the Oakwood Neighborhood Association, Year Award presented the Kalamazoo Neighborhood Coalition’s City Employee of the 78193 Year Award to Neighborhood Planner Andrea Augustine.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items and authorize the City Manager to sign on behalf of the city:

78194 - approval of a one-year contract for property and casualty insurance from the Michigan Municipal Risk Management Authority through Ibex Insurance Agency, at an annual premium of $652,998.

78195 - approval of a two-year contract extension with Windemuller Electric, Inc. for traffic signal maintenance in the amount of $208,900.00

78196 - approval of the minutes from the following City Commission meetings: the Committee of the Whole Meeting on December 12, 2008; the Neighborhood Meeting on December 15, 2008; and the Business Meetings on December 15 and December 29, 2008.

REGULAR MEETING OF JANUARY 5, 2009 Page 2 Consent Agenda Commissioner Anderson, seconded by Commissioner McCann, moved to (cont’d) approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Clerk’s Report City Clerk Borling reported the following items: 78197 - receipt of the lawsuit Michael Goldman v City of Kalamazoo, Kalamazoo Department of Public Safety, and Derek Nugent. This lawsuit was referred to the City Attorney.

- certification of a referendum petition against Ordinance 1850.

Discussion followed regarding the referendum petition and the actions the City Commission needed to take. A complete transcript of this discussion was included with the City Commission papers for this meeting.

City Attorney Robinson explained Section 63 of the City Charter required that the Commission, at its next regular session, consider whether to repeal Ordinance 1850 or submit the ordinance to a vote by City electors. City Attorney Robinson opined that the next regular session of the City Commission was the budget work session scheduled for Monday, January 12th.

Upon recommendation from Vice Mayor McKinney and City Manager Collard, the City Commission decided the following by consensus: to make the referendum petition its first order of business at the January 12th Work Session; to begin this meeting in the City Commission Chambers at the scheduled time of 6:00 p.m.; and to recess and reconvene the meeting in the Community Room following consideration of the referendum petition.

City Manager’s City Manager Collard introduced Edward Freed as the new Director of the Report Information Technology Department.

Citizen Comments A final opportunity was given for citizen comments, but no comments were offered.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore commented on testing opportunities for open positions with the Census Bureau and the memorial service for Public Safety Officer Kennedy Crawford.

Commissioner Miller announced the birth of a grandson.

Adjournment The meeting adjourned at 7:28 p.m.

REGULAR MEETING OF JANUARY 5, 2009 Page 3 Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on January 26, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: January 26, 2009 WORK SESSION OF JANUARY 12, 2009 Page 4 A Work Session of the Kalamazoo City Commission was held on Monday, January 12, 2009 at 6:00 p.m. in the City Commission Chambers at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Miscellaneous An opportunity was given for miscellaneous communications. Mayor Communications Hopewell recommended the following changes to the City Commission’s meeting procedures:

- that City Commission Rule #6 be modified to limit citizen comments for each speaker to 3 minutes for the meeting of Monday, January 12, 2009.

- that the scope of time for the discussion topic Consideration of a Resolution Affirming Ordinance No. 1850 be initially limited to sixty minutes, at which time the City Commission would recess for 5 minutes and reconvene in the City Hall Community Room for the FY2009 budget discussion items.

And if it was necessary to continue discussion of Ordinance No. 1850, that the City Commission would return to that topic at the conclusion of the FY2009 budget discussion.

- that the order of business be changed to allow for the FY2009 budget presentations prior to the consideration of the adoption of a resolution scheduling the public hearing on the budget.

By unanimous consent the City Commission approved the above recommendations.

Resolution 09-01 re: Commissioner Anderson, seconded by Commissioner McCann, moved to the Affirmation of adopt a RESOLUTION affirming Ordinance No. 1850. Ordinance 1850 Prior to a vote on the motion, Commissioner Anderson proposed that the 78198 City Commission oppose the motion and resolution for the following reasons:

- the City of Kalamazoo had a history of finding ways to discuss topics on which there was disagreement in a manner which achieved some conciliation. Engagement and dialogue on the issues was the preferred method of governance rather than governance by referendum. WORK SESSION OF JANUARY 12, 2009 Page 5 Resolution 09-01 re: - by repealing Ordinance 1850, the City Commission would the Affirmation of recognize the concerns of a significant number of City residents Ordinance 1850 and create an opportunity for input and thoughtful debate on the (cont’d) issue. 78198 - it would be worthwhile to attempt to resolve the differences in the community amicably without the expense of election.

- it was desirable to avoid rancor and division in the community, particularly during a time when the community need to pull together.

Commissioner Anderson stated it was likely the City Commission would adopt amendments to the current anti-discrimination ordinance, but these amendments would need to address the expectations, hopes, and concerns of a wider breadth of City of Kalamazoo residents. To this end Commissioner Anderson recommended the appointment of a City Commission subcommittee with a mandate to listen, review, and consider particular concerns and issues and determine how another ordinance might address those concerns. Commissioner Anderson expressed hope that this process would be short and that it would result in a new local ordinance amendment that would incorporate language that is clear and possibly capable of creating more support and less fear.

When given an opportunity, the following citizens addressed the City Commission regarding the proposed resolution and Ordinance 1850:

John McNaughton, City resident, spoke in favor of Ordinance 1850.

Lydia McGrew, City resident, spoke in opposition to Ordinance 1850.

Adam Taylor, non-resident, spoke in favor of Ordinance 1850.

Jan Stowe, City resident, spoke in opposition to Ordinance 1850. Written materials distributed by Ms. Stow were filed with the papers for this meeting.

Michael Evans, City resident, spoke in favor of Ordinance 1850 and asked that the Commission place the ordinance on a ballot.

Meghan Fenner, non-resident, spoke in favor of Ordinance 1850.

LoriAnne Tennison, City resident, spoke in favor of Ordinance 1850 and asked that the Commission place the ordinance on a ballot.

Jonathan Braun, City resident, spoke in favor of Ordinance 1850.

Chelsea Thorpe, City resident, spoke in favor of Ordinance 1850 and Commissioner Anderson’s proposal.

Eric Sweet, City resident, spoke in favor of Ordinance 1850. WORK SESSION OF JANUARY 12, 2009 Page 6 Resolution 09-01 re: Cheryl Post, non-resident, spoke in opposition to Ordinance 1850. the Affirmation of Ordinance 1850 Mary Spradling, City resident, spoke in favor of Ordinance 1850. (cont’d) 78198 Narda Beauchamp, City resident, spoke in favor of Ordinance 1850.

Paul Bede, City resident, spoke in opposition to Ordinance 1850.

Matt Williams, City resident, spoke in favor of Ordinance 1850.

Keith Nichols, non-resident, spoke in opposition to Ordinance 1850.

Mary Balkema, City resident, spoke in opposition to Ordinance 1850.

Jack Hoogendyk, non-resident, expressed concern about the definition of gender in Ordinance 1850.

Terry Kuseske, City resident, spoke in support of Ordinance 1850.

John Zull, non-resident, spoke in opposition to Ordinance 1850. Mr. Zull’s written remarks were filed with the papers for this meeting.

Paulette Brack, non-resident, spoke in opposition to Ordinance 1850.

Kent Kooistra, non-resident, expressed opposition to placing Ordinance 1850 on the ballot.

Tom Balkema, non-resident, requested the ordinance be repealed.

Jacob Kooistra, non-resident, requested the ordinance be repealed.

Emily Naugle, non-resident, spoke in support of Commissioner Anderson’s recommendation.

Michael Brown, director of the Kalamazoo Gospel Mission, expressed support for Commissioner Anderson’s recommendation.

Douglas Vernon, City resident and Pastor of First United Methodist Church, spoke in favor of Ordinance 1850.

Commissioner Moore expressed support for Ordinance 1850 and for Commissioner Anderson’s recommendation. Commissioner Moore stated more dialogue on this issue was needed, as the ordinance should reflect the views and desires of the entire community. WORK SESSION OF JANUARY 12, 2009 Page 7 Resolution 09-01 re: Commissioner Miller expressed a desire for a society that did not need the Affirmation of protected classes, and she clarified that the intent of Commissioner Ordinance 1850 Anderson’s recommendation was to repeal Ordinance 1850 so that a (cont’d) newer, better ordinance could be created. 78198 Commissioner Cooney stated the Kalamazoo community was already divided on this issue, and the ordinance merely revealed the division. Commissioner Cooney noted there were good people on both sides of the issue, and he expressed support for honest, open dialogue, which would not happen if the ordinance became a ballot question. Commissioner Cooney noted discrimination occurred and needed to be addressed.

Vice Mayor McKinney thanked Commissioner Anderson for his proposal and stated dialogue was a better method for dealing with this issue than use of the referendum. Vice Mayor McKinney expressed support for Ordinance 1850 but recommended the City Commission repeal the ordinance, listen to all sides, and bring back a similar ordinance for consideration. Vice Mayor McKinney volunteered to serve on a subcommittee created for this purpose.

Commissioner McCann expressed agreement with other Commissioners and discussed the necessity of a fair and equal society. Commissioner McCann stated the prohibition of discrimination was non-negotiable, but he hoped ambiguous language would be removed from a new ordinance, thereby reducing the potential for misunderstanding.

Mayor Hopewell stated government is charged with finding solutions for the community. Constitution talks about freedom and opportunity, not what people can’t do. Noted Jesus, U.S. patriots, suffragettes, Rosa Parks, were radicals. There will

Resolution 09-01 With a roll call vote the motion to adopt the resolution failed by a vote of Failed 0-7, thereby repealing Ordinance No. 1850.

YEAS: None

NAYS: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

Creation of an Anti- Mayor Hopewell, with the consent of the City Commission, appointed Vice Discrimination Mayor McKinney and Commissioners Anderson and Moore to an Anti- Ordinance Discrimination Ordinance Subcommittee and asked that the Subcommittee subcommittee listen to the concerns and issues of the entire community and determine how another anti-discrimination ordinance might address 78198 those concerns.

Mayor Hopewell recessed the meeting at 7:32 p.m.

Mayor Hopewell reconvened the meeting at 7:44 p.m. in the Community Room at City Hall. WORK SESSION OF JANUARY 12, 2009 Page 8 Presentations re: City Manager Collard introduced City staff members who provided the FY2009 programmatic reviews of the following areas: Proposed Budget 78199 Economic Development - Executive Director of the Economic Development Corporation Jerome Kisscorni

Youth Initiatives - Public Safety Chief Jeff Hadley and Parks and Recreation Director Frances Jewell.

Public Safety – Chief Hadley

Sustainability Initiative – Public Services Director Bruce Merchant

Housing Study – Community Planning and Development Director Jeff Chamberlain

Written versions of these presentations were filed with the papers for this meeting.

Presentation re: the Management Services Director Tom Skrobola discussed recent financial Budget Monitoring successes and reviewed the City Administration’s process for close Process monitoring of the proposed two-year budget. A copy of Director 78199 Skrobola’s written report was filed with the papers for this meeting.

City Manager Collard commended all department heads, City Commission appointees, and board and commission members for their efforts on behalf of Kalamazoo’s citizens.

Discussion of the Commissioner McCann requested a status update on the Alcott Street Proposed FY2009 site at some point in the future. Budget In response to a question from Commissioner McCann, Director Skrobola 78199 stated the Pension Fund losses in 2008 would pull down the actuarial value of the Fund for the next four years due to the practice of “smoothing” gains and losses over a five-year period.

In response to questions from Commissioner Moore, Chief Hadley indicated he would be recruiting members for the hiring/recruitment process study committee within the next month, and he stated he would consider enhancing an existing program that allowed young people to perform community service rather than face jail time for crimes committee.

In response to a question from Commissioner Miller, Chief Hadley explained the gang reduction, education, and training grant had been lost because the grant required the program to take place during the school day, which was not an option for the Kalamazoo middle schools.

In response to a question from Commissioner Cooney, Executive Director Kisscorni reported employers receiving tax abatements from the City were required to work with Michigan Works! when filling new positions.

WORK SESSION OF JANUARY 12, 2009 Page 9 Discussion of the In response to a question from Commissioner Cooney, Director Proposed FY2009 Chamberlain stated the City’s foreclosure rate was still bad, but there was Budget (cont’d) no evidence it was getting worse.

Mayor Hopewell urged Director Jewell to train kids as lifeguards during the Summer Youth Employment Program, and he urged Chief Hadley to continue working on restorative justice and youth education initiatives.

Tentative Approval Commissioner Moore, seconded by Commissioner Anderson, moved to of the FY2009 tentatively approve the proposed FY2009 Budget and adopt a Budget and RESOLUTION setting a public hearing to consider the proposed fiscal Adoption of year 2009 Budget for the City of Kalamazoo. Resolution 09-02 Setting a Public Prior to a vote on the motion, Commissioner Anderson commended City Hearing re: the staff for their presentations and observed there was focused optimism FY2009 Budget among City staff and a real sense that departments were working together. 78199 Commissioner Miller stated she was satisfied the City would be able to react quickly and adapt to new fiscal challenges.

Vice Mayor McKinney stated the budget process had been wonderful due to the Administration’s ability to transition from a five-year fiscal plan to a three-month planning horizon. Vice Mayor McKinney indicated the City organization was in “good shape” and had identified the areas of risk. Vice Mayor McKinney thanked City departments for being competent.

In response to a request from Mayor Hopewell, the City Clerk and City Attorney indicated they had conceptualized how they would reduce their expenses by 5% if necessary.

Mayor Hopewell stated he was Impressed with the spirit of collaboration between City departments and the lack of anxiety in City staff.

With a roll call vote this motion passed unanimously.

YEAS: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, an opportunity was given for citizens to address the City Commission, but no comments were offered.

Adjournment The meeting adjourned at 9:16 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

WORK SESSION OF JANUARY 12, 2009 Page 10 For City Commission approval on January 26, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: January 26, 2009 REGULAR MEETING OF JANUARY 26, 2009 Page 11 A regular meeting of the Kalamazoo City Commission was held on Monday, January 26, 2009 at 8:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Reverend Don DeYoung, retired, was followed by the Pledge of Allegiance.

Introduction of City Manager Collard introduced Terry Mulvihill, AT&T External Director, Guests who presented the Robert L. Hurst Social Justice Youth Award to Juwan 78200 Hemphill.

City Manager Collard and Mayor Hopewell presented the Dr. Lewis Walker Social Justice Youth Award to Danaeque Yarbrough.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 8:16 p.m. Mayor Hopewell opened a public hearing to receive public the Proposed comments regarding the proposed fiscal year 2009 budget for the City of FY2009 Budget Kalamazoo.

78201 Jeff Weisman, City resident, asked the City Commission to consider new revenue sources and expressed support for a countywide income tax to support public services.

At 8:21 p.m. Mayor Hopewell closed the public hearing.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78202 - approval of a one-year contract with Underground Pipe and Valve for the purchase of ductile iron water main pipe in the amount of $651,137.

78203 - approval of a contract with PVS Technologies to purchase Ferric Chloride chemical for the unit price bid of $534 per Dry Ton for a total cost of $314,526. Consent Agenda REGULAR MEETING OF JANUARY 26, 2009 Page 12 (cont’d) 78204 - approval of the purchase of ten new Ford Crown Victoria police vehicles from Signature Ford in the amount of $215,000.

78205 - approval of a sole source purchase with Etna Supply Company for water meters in the amount of $155,000.

78206 - approval of a nine-month contract renewal for Metro Transit fleet liability insurance with the Michigan Transit Pool at a total premium of $132,315, payable in three equal installments of $44,105 to Macatawa Bank, the MTP financial representative.

78207 - approval of a one-year contract extension with Best Way Disposal Inc. for the removal and disposal of trash, nuisances and garbage collected pursuant to the enforcement of various city ordinances in the amount of $118,500.

Resolution 09-03 - adoption of a RESOLUTION of Intent to apply for annual transit 78208 financial operating assistance from the Michigan Department of Transportation for FY2010.

78209 - the first reading an ORDINANCE to amend certain sections of Chapter 38 of the Kalamazoo Code to change the rates charged for water service by 4.0%, effective March 1, 2009.

78210 - approval of the renewal of the Working Agreement between the Kalamazoo Transit Authority Board of Directors and the Kalamazoo City Commission effective January 1, 2009, through December 31, 2009.

78211 - approval of the following appointments and re-appointments to advisory boards and commissions:

- the reappointment of Dan Dement to the Employees’ Retirement System Investment Committee & Perpetual Care Investment Committee for a term expiring on March 31, 2011.

- the reappointment of Randy Eberts to the Employees’ Retirement System Investment Committee & Perpetual Care Investment Committee for a term expiring on March 31, 2011.

- the appointment of La June Montgomery-Talley to the Employees’ Retirement System Investment Committee & Perpetual Care Investment Committee for a term expiring on March 31, 2011.

- the reappointment of Paul Manstrom to the Housing Board of Appeals for a term expiring on January 1, 2012.

- the reappointment of Robert White to the Housing Board of Appeals for a term expiring on January 1, 2012.

REGULAR MEETING OF JANUARY 26, 2009 Page 13 Consent Agenda - the reappointment of Michael Gregor to the Transit (cont’d) Authority Board for a term expiring on December 31, 2011. 78211 - the reappointment of Carol Fricke to the Transit Authority Board for a term expiring on December 31, 2011.

- the reappointment of Reuben Richardson to the Transit Authority Board for a term expiring on December 31, 2011.

78212 - approval of the minutes of the Regular City Commission Business Meeting on January 5, 2009 and the Regular City Commission Work Session on January 12, 2009.

Commissioner McCann, seconded by Commissioner Miller, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular agenda items were considered next.

Adoption of the Management Services Department Director and Chief Financial Officer FY2009 Budget Tom Skrobola discussed the City’s recent financial successes, the status of the Pension System, and the budget monitoring and adjustment 78213 strategies to be used in 2009.

In response to a question from Commissioner Cooney, Director Skrobola stated the Metro Transit budget had a neutral effect on the City’s overall budget, as the Metro Transit system was supported by federal and state funding as well as fare box revenue.

When given an opportunity to address the City Commission, the following citizens offered comments regarding the proposed FY2009 budget:

Nick Boyd, City resident, spoke regarding the use of City resources by non-residents and suggested the City explore resource sharing arrangements or even consolidation with surrounding townships and cities.

Beth Lewis, City resident, suggested the City stop purchasing goods and services when it runs out of money.

Commissioner Moore, seconded by Vice Mayor McKinney, moved to take the following actions regarding the City’s Proposed FY 2009 Budget, various fee schedules and component unit budgets:

Resolution 09-04 - adopt a RESOLUTION for the annual appropriation Annual Appropriation for the year 2009, set forth the number of mills to be levied, approve an interim appropriation for the year 2009 and establish policies for the administration of the budget. REGULAR MEETING OF JANUARY 26, 2009 Page 14 Adoption of the - approve the proposed FY 2009 Brownfield Redevelopment FY2009 Budget Authority budget as submitted by the BRA Board. (cont’d) 78213 - approve the proposed FY 2009 Economic Development Corporation budget as submitted by the EDC Board.

- approve the proposed FY 2009 Local Development Finance Authority budget as submitted by the LDFA Board.

- approve the proposed FY 2009 Downtown Development Authority Operating Budget as submitted by the DDA Board and approve a two-mill tax levy.

- approve the FY 2009 Proposed Kalamazoo Historic Preservation Commission Budget.

- approve $235,000 of City of Kalamazoo general funds for the operational support and program activities of neighborhood associations for the period of January 1 through December 31, 2009.

- approve the FY 2009 Proposed Kalamazoo Municipal Golf Association budget and fee schedule.

Resolution 09-05 - adopt a RESOLUTION to set the FY 2009 Parks and Recreation Fees.

Resolution 09-06 - adopt a RESOLUTION establishing the fees to be charged in 2009 for special event applications, late fees and service fees.

Prior to a vote on the motion, Commissioner Anderson thanked the City Manager and his staff for their work on the budget and remarked on the collaboration and cooperation between departments on City initiatives and projects.

Commissioner Miller thanked City staff and City Manager Collard for their work on the budget process and expressed satisfaction that there were tools in place to make swift budget adjustments if necessary.

Commissioner Cooney stated City Manager Collard and his staff did an amazing job with the 2009 Budget. Commissioner Cooney commended City staff for getting the work done but expressed frustration with the lack of resources to meet the needs of citizens in the community.

Commissioner Moore congratulated the City Manager and City staff for crafting a budget that met peoples’ needs. Commissioner Moore stated the concerns she had raised during the budget process had been addressed to her satisfaction. Commissioner Moore expressed a desire to see more community participation in the budget process.

Vice Mayor McKinney stated the FY2009 Budget was not a status quo budget, as she did not expect the City’s revenue to remain at predicted levels over the next 12 months. Vice Mayor McKinney stated Kalamazoo was not going to escape the effects of the global economic crisis, and REGULAR MEETING OF JANUARY 26, 2009 Page 15 Adoption of the City leaders need to think realistically. Vice Mayor McKinney expressed FY2009 Budget confidence that the two-year budget would allow the City Administration (cont’d) to manage the budget closely and recommend graduated reductions as 78213 appropriate rather than cuts that were too deep. Vice Mayor McKinney stated the City’s Manager’s plan for a two year budget was nearly brilliant and noted the five-year horizon of the City’s fiscal plan had been shortened to two years.

Mayor Hopewell noted City staff and City Commissioners had spent many hours developing and reviewing the budget. Mayor Hopewell stated Kalamazoo’s financial planning efforts were advanced compared with other those of other local governments. Mayor Hopewell remarked on the absence of competition and a sense of collegiality among City department heads relative to the budget.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided the following reports and updates: Report - Departmental Reports and Project Updates 78214 - Kalamazoo Communities in Schools 2007-2008 Annual Report - December, 2008 Purchasing Report

City Manager Collard reported he and Kalamazoo County Administrator Peter Battani had made a joint presentation to the Kalamazoo County Transportation Authority (KCTA) with the following recommendations:

- that the KCTA pursue a countywide millage to support demand response service. - that the Kalamazoo Transit Authority Board pursue a citywide of Kalamazoo millage to support fixed route service. - that the countywide and City millage rates be as low as possible. - that Metro Transit continue to seek cost reductions without reducing services. - that fare box revenue be increased by 10%, including the implementation of a $0.15 increase in the regular bus fare. - that the KCTA and City employ a community education strategy that would be more coordinated, substantial, and focused than the community education efforts undertaken prior to the November 2008 election. - that the transition of Metro Transit operations from the City to the KCTA be delayed.

City Manager Collard noted that a failure to reinstitute a local transportation millage would result in transportation service being reduced by 50%, and he stated he would provide Commissioners with a document that explained the Metro Transit budget and the various millage options.

REGULAR MEETING OF JANUARY 26, 2009 Page 16 City Manager’s City Manager Collard stated he envisioned the following next steps: Report (cont’d) th 78214 - the placement of a countywide millage request on the May 5 ballot in the amount of 0.4 mill. - the placement of a citywide millage request on the November 2nd ballot in the amount of 0.6 mill.

City Manager Collard reported the City-funded portions of the Metro Transit system would be able to use its fund balance to continue operations well into 2010, but the KCTA funded services, such as Care-A- Van, would run out of money by the end of 2009. City Manager Collard encouraged the City Commission to modify his proposal and to find common ground with the Kalamazoo County Board of Commissioners, the KTAB, and the KCTA so that all four groups moved forward in lock- step.

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Jerry Williams, City resident, commended City Commissioners for their good work.

78215 Jan Stowe, City resident, spoke regarding Ordinance 1850 and the homosexual agenda. Information submitted by Ms. Stowe was filed with the papers for this meeting.

78216 Don Stowe, City resident, spoke regarding Ordinance 1850 and the homosexual agenda. Information submitted by Mr. Stowe was filed with the papers for this meeting.

Nick Boyd, City resident, stated the City of Kalamazoo was in better shape than most cities, but it suffered from a perception problem.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore thanked the Stowes for sharing their perspective and offered comments on the Mt. Zion Safe House and the Social Justice Youth Award recipients.

Commissioner Miller congratulated City Engineer Frank Szopo and his staff for winning the Governor’s Traffic Safety Advisory Commission Award for recent upgrades to the City’s traffic signals.

Commissioner Anderson summarized the assigned work of the Anti- Discrimination Ordinance Subcommittee and stated the Subcommittee would be meeting in open session to discuss the timeline and process for collecting citizen input regarding the Anti-Discrimination Ordinance. Commissioner Anderson indicated the date and time of this meeting would be publicly noticed.

Commissioner Cooney offered remarks on the inauguration of President Barark Obama. REGULAR MEETING OF JANUARY 26, 2009 Page 17 City Commissioner Commissioner McCann discussed the City’s budget and the community’s Comments (cont’d) strengths. Commissioner McCann stated there was a tremendous amount of hope and optimism in the country and the community.

Mayor Hopewell spoke regarding his recent trip to Washington D.C. to witness the presidential inauguration of Barak Obama.

Closed Session to Commissioner Miller, seconded by Commissioner Anderson, moved that Discuss Labor the City Commission go into closed session to discuss labor negotiations. Negotiations 78217 With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

The City Commission went into closed session at 9:45 p.m. The City Commission came out of closed session at 10:07 p.m.

Approval of Commissioner Miller, seconded by Vice Mayor McKinney, moved to AFSCME approve a collective bargaining agreement between the City of Collective Kalamazoo and the American Federation of State, County, and Municipal Bargaining Employees (AFSCME) for the period October 2, 2008 – October 1, 2011. Agreement With a roll call vote this motion passed unanimously. 78218 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Adjournment The meeting adjourned at 10:10 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on March 16, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: March 16, 2009 REGULAR MEETING OF FEBRUARY 2, 2009 Page 18 A regular meeting of the Kalamazoo City Commission was held on Monday, February 2, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell David Anderson Don Cooney* Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioners Commissioner Anderson, seconded by Commissioner Miller, moved to Excused excuse the absences of Vice Mayor McKinney and Commissioner Cooney. With a voice vote the motion passed.

Invocation The invocation, given by Pastor Nicole Coleman, Galilee Baptist Church, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of Kalamazoo County Drain Guests Commissioner Patricia Crowley.

*Commissioner Cooney arrived at 7:02 p.m.

Ms. Crowley introduced herself and stated she looked forward to working with City leaders to maintain County drains within the City limits.

Mayor Hopewell recognized the presence of Kalamazoo County Commissioner Carolyn Alford.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

Mayor Hopewell stated a resolution setting the salaries for City Commission Appointees would be added to the Regular Agenda as Item G-1.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Mayor Hopewell recognized the presence of Kalamazoo County Commissioner Jack Urban.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

Resolution 09-07 - adoption of a RESOLUTION recognizing Farrell Ballet Theatre as a 78219 non-profit organization operating in the community for the purpose of obtaining a charitable gaming license. REGULAR MEETING OF FEBRUARY 2, 2009 Page 19 Consent Agenda - authorization for the City Clerk to sign Election Coordinating (cont’d) Committee Reports and Agreements between the City of 78220 Kalamazoo, the Kalamazoo County Clerk, Kalamazoo Public Schools, Comstock Public Schools, Portage Public Schools, Parchment Public Schools, Kalamazoo Valley Community College, and Kalamazoo Regional Educational Service Agency for the conduct of elections for these school districts.

78221 - accept a grant of $100,000 from the Irving S. Gilmore Foundation to support the LaCrone and Woods Lake Beach Parks Redevelopment Project.

Commissioner McCann, seconded by Commissioner Miller, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Resolution 09-08 Commissioner Moore, seconded by Commissioner Cooney, moved to Setting the adopt a RESOLUTION setting the salaries for the City Attorney, City Salaries for City Clerk, City Assessor and Internal Auditor for 2009. Commission Appointees Prior to a vote on the motion, Commissioner Moore thanked the appointees for their hard work. 78222

Mayor Hopewell commended the appointees for their hard work.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Ordinance 1851 Commissioner McCann, seconded by Commissioner Moore, moved to re: Rates Charged adopt an ORDINANCE to amend certain sections of Chapter 38 of the for Water Service Kalamazoo Code to change the rates charged for water service by 4.0%, effective March 1, 2009. 78223 With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

REGULAR MEETING OF FEBRUARY 2, 2009 Page 20 City Clerk’s Report City Clerk Borling reported the following items: 78224 - the receipt of a letter from the City of Portage regarding a public meeting on February 14, 2009 to receive public comment regarding a request from the South County Water and Sewer Authority for a sanitary sewer flow-through agreement and connection to the Portage Creek Trunk Sewer.

- Carl Czuchna, who passed away on December 30th, had been a member of the City’s Board of Review for Assessments.

- the filing deadline for school board and library board candidates who wished to appear on the May 5th ballot was February 10, 2009 at 4:00 p.m.

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Nicholas Westover, City resident, spoke on behalf of his mother, Monica Westover, regarding injustice and the abuse of power by the Kalamazoo Department of Public Safety and the criminal justice system in Kalamazoo.

Monica Westover, non-resident, discussed Public Safety reports, complaints, and Freedom of Information Act documents that had been altered. Ms. Westover requested the City respond promptly to her concerns.

78225 Jan Stowe, City resident, spoke regarding the Anti-Discrimination Ordinance and stated she had bought a copy of the book The Homosexual Agenda for each of the Commissioners. A copy of this book was filed with the papers for this meeting.

78226 Don Stowe, City resident, spoke regarding the homosexual agenda in public schools and expressed support for the rescinding of Ordinance 1850 on January 12th. Written remarks submitted by Mr. Stowe were filed with the papers for this meeting.

Jarek Marsh-Prelesnik, City resident, stated he was a confirmed socialist and pagan and suggested the government spend less on war and more on education. Mr. Marsh also discussed the need for people to be more respectful towards each other and expressed support for the legalization of marijuana.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore thanked the City Manager for allowing the City Hall Atrium to be use for a display of doors painted by young people.

Commissioner Miller expressed support for the inclusion of the Downtown Plan and Portage Street Corridor Plan on the list of projects proposed for funding with federal stimulus dollars.

REGULAR MEETING OF FEBRUARY 2, 2009 Page 21 City Commissioner In response to Commissioner Miller, Mayor Hopewell explained the Comments (cont’d) federal economic stimulus funds were aimed at projects that could be started in 90 days or less, and most of the projects in the Downtown and Portage Street Corridor Plans were not ready to be started within 90- days. Mayor Hopewell reported he had attended a meeting with Representative Fred Upton that afternoon, and more information would be forthcoming about the application process for funds and the types of projects that would be eligible. Mayor Hopewell stated the City was compiling a list of projects that would affect all parts of the City, including the downtown.

Commissioner Miller requested that the City Commission be kept apprised of details regarding the availability and use of economic stimulus funds in Kalamazoo.

Commissioner Cooney expressed support for the inclusion of many types of jobs in federal stimulus plan. Commissioner Cooney recognized two teams of young people from the Kalamazoo Youth Media Initiative who won first place in the Michigan Association of Broadcasters 2009 High School and College Broadcast Awards Competition.

Adjournment The meeting adjourned at 7:35 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on March 16, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: March 16, 2009 NEIGHBORHOOD MEETING OF FEBRUARY 16, 2009 Page 22 A Neighborhood Meeting of the Kalamazoo City Commission was held on Monday, February 16, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Sean McCann Barbara Miller

COMMISSIONERS ABSENT: Don Cooney Stephanie Moore

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Cooney, moved to Excused excuse the absence of Commissioner Moore. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Neighborhood communications were received next. Communications Representatives of the following neighborhood organizations were present:

Arcadia Neighborhood Association Rex Brueggeman, President

Fairmont Neighborhood Association Jason Newton, Vice President Melissa Linkfield, Neighborhood Administrator

Oakland Drive/Winchell Neighborhood Association Larry Ross, President

Arcadia The Arcadia Neighborhood Association representative: Neighborhood Association - distributed and reviewed the February 2009 edition of the Arcadia 78227 Neighborhood Reminder newsletter.

- thanked City staff for assistance with the installation of “Welcome to the Arcadia Neighborhood” signs.

- reported the Neighborhood Watch meetings had been separated from the regular Association meetings.

- described the personal enrichment he had experienced from serving on the Student Allocation Committee for Kalamazoo Public Schools.

NEIGHBORHOOD MEETING OF FEBRUARY 16, 2009 Page 23 Arcadia - expressed satisfaction that children in the Neighborhood would be Neighborhood able to walk to school from 1st through 8th with the opening of the Association (cont’d) new middle school.

- indicated the Neighborhood had not experienced a housing “boom” in recent years, so now there were very few Neighborhood homes in foreclosures.

In response to a question from Commissioner McCann, Mr. Bruggemann reported the Neighborhood’s Community Police Officer (CPO) and code enforcement officer were performing their jobs well, but the addition of more enforcement officers would help span the current code enforcement gaps.

Fairmont The Fairmont Neighborhood Association representatives: Neighborhood Association - reported a pipe burst in the neighborhood center over Christmas break, making the building uninhabitable as crews performed lead and mold abatement.

- indicated the City and the Local Initiatives Support Corporation (LISC) were expediting arrangements for the Association to occupy former Public Safety Station No. 5.

- reported the Association was working with the Stuart Area Restoration Association and LISC on the Douglas Avenue Corridor Study. Ms. Linkfield expressed a desire to see the City’s improvements scheduled for 2010 dovetail with the recommendations in the study.

- stated the 2009 Building Blocks Program would focus on Douglas Avenue to Alamo Avenue and Alamo Avenue to Denner Street.

- indicated the Association was collaborating with LISC to redevelop the Beaver Building.

- stated their monthly meetings with staff from the Community Planning and Development Department (CP&D) were enjoyable and productive, and they thanked the Public Safety Department for hosting the recent neighborhood forum.

In response to a question from Commissioner McCann, Ms. Linkfield stated the Association had renters insurance, but she explained insurance would not cover these losses because they resulted from maintenance issues. Ms. Linkfield noted it was possible the Association computers would be covered by the City’s insurance as they were purchased with funds from CP&D.

City Attorney Robinson reported his office was finalizing a temporary lease agreement for the Association to use former Public Safety Station No. 5, and he explained the terms of the lease were such that the City Manager was authorized under City Commission policy to execute the lease agreement without City Commission approval.

NEIGHBORHOOD MEETING OF FEBRUARY 16, 2009 Page 24 Oakland/Winchell The Oakland Drive/Winchell Avenue Neighborhood Association Neighborhood representative: Association - reported no Public Safety concerns.

- remarked that the City’s snow removal service had been good.

- stated the Friends of Woods Lake group was doing a great job.

- indicated the Association wanted to be involved in plans to develop property on the west side of Drake Road, across from the Asylum Lake preserve.

- suggested the City install a sidewalk on the north side of Parkview Avenue between Darmo Street and the south entrance to Asylum Lake.

- expressed concern that Asylum Lake was becoming increasingly stagnant, as 70% of pollution that entered the lake stayed there. Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

The meeting adjourned at 6:22 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on March 16, 2009

Approved by: ______Bobby J. Hopwell, Vice Mayor Dated: March 16, 2009

REGULAR MEETING OF FEBRUARY 16, 2009 Page 25 A regular meeting of the Kalamazoo City Commission was held on Monday, February 16, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Reverend Chris Moore, Mt Zion Baptist Church, was followed by the Pledge of Allegiance.

Proclamations Commissioner McCann, on behalf of Mayor Hopewell, read a proclamation recognizing the Metropolitan Kalamazoo Branch NAACP 78228 100th Anniversary. Dr. Charles Warfield, Kalamazoo NAACP President, accepted the proclamation.

78229 Mayor Hopewell read a proclamation Honoring the Kalamazoo Outlaws Minor League Football Team. Johnnie Outlaw, owner and President of the Kalamazoo Outlaws, and Matthew McKay, co-owner and Vice President of the Kalamazoo Outlaws, accepted the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

Vice Mayor McKinney requested that Item F-1, resolution designating financial institutions as approved depositories for the City, be moved from the Consent Agenda to the Regular Agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

Resolution 09-09 - adoption of a RESOLUTION appointing Thomas C. Skrobola, 78230 Management & Budget Services Director and Chief Financial Officer, as Hearing Officer, and authorizing the City Clerk to send hearing notices to establishments in the City of Kalamazoo holding liquor licenses that have past due real and/or personal property taxes.

Resolution 09-10 - adoption of a RESOLUTION setting the Program Year 2009 78231 Community Development Block Grant and HOME fund public hearing for March 2, 2009. Consent Agenda REGULAR MEETING OF FEBRUARY 16, 2009 Page 26 (cont’d) - adoption of a RESOLUTION recognizing Ballet Arts Ensemble as Resolution 09-11 a non-profit organization operating in the community for the 78232 purpose of obtaining a charitable gaming license.

78233 - approval of the release of the draft reuse plan for the Portage Creek Corridor for a 42 day public comment period.

78234 - approval of the release of the 2009 Downtown Comprehensive Plan draft for a 42 day public comment period.

78235 - the appointment of Linda Dixon-Jones to the Board of Review for Assessments for a term expiring on March 31, 2010.

Commissioner McCann, seconded by Commissioner Miller, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Resolution 09-12 Commissioner Anderson, seconded by Commissioner Miller, moved to Designating adopt a RESOLUTION designating financial institutions as approved Approved depositories for the City and authorizing the positions of Management and Financial Budget Services Director/CFO, City Treasurer, Deputy Director of Depositories Management and Budget Services/Comptroller and the Assistant City Treasurer to execute and sign agreements to procure various cash 78236 management services of financial institutions and to provide specific operational and procedural information to such institutions as may be required.

Prior to a vote on the motion, Vice Mayor McKinney requested that the City Manager consider adding Michigan-based banks and, in particular, local banks such as First National Bank and Citizens’ Bank to the list of approved depositories for the City.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard presented the following items: Report 78237 - Departmental Reports and Project Updates - CITYLink Newsletter dated January, 2009 - Kalamazoo Communities in Schools Newsletter, February 2009 - Employment Activity Report for the Fourth Quarter of 2008 - January, 2009 Purchasing Report REGULAR MEETING OF FEBRUARY 16, 2009 Page 27 City Manager’s Public Safety Chief Jeff Hadley invited citizens to attend a community Report (cont’d) forum on Thursday, February 19th at 6:00 p.m. in the conference room at Public Safety Station 4/5. Chief Hadley stated the Public Safety 78237 Department, City Administration, and City Commission cared about the City and the youth of the City. Chief Hadley urged community stake holders, and especially parents, to have an open and honest dialogue about opportunities to collaborate and share resources to address and influence youth conduct.

In response to a question from Commissioner Anderson, Chief Hadley stated the conference room at Station 4/5 was able to accommodate 75 people.

Commissioner Moore commended Chief Hadley and the Public Safety Department for their law enforcement work and their caring approach to addressing youth issues. Commissioner Moore expressed hope that representatives from the entire community would participate in the forum.

Mayor Hopewell commended Chief Hadley for his emphasis on community and noted the issue of youth violence touched the entire community.

City Manager Collard stated City leaders needed to hear from the faith- based community and the elders of the community. City Manager Collard indicated young people in Kalamazoo were at risk, and he noted the socio-economic dynamics that drove some deviant behavior were still present and in some respects worse than in 2007. City Manager Collard urged the community to be vigilant and to work together to address these issues.

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Mattie Jordan-Woods, City resident, thanked Chief Hadley for organizing the community forum on February 19th. Ms. Jordan- Woods invited citizens to an open house for the Glass Mural Project on February 17th. Ms. Jordan-Woods stated the community needed resources to provide grief counseling for perpetrators and witnesses of violence. Ms. Jordan-Woods expressed concern that the Kalamazoo community practiced “selective outrage” at violence, with more media attention being paid to certain types of violence than others.

Jan Stowe, City resident, stated the City did not need a new or amended Anti-Discrimination Ordinance, as the current federal and state civil rights laws were sufficient. Ms. Stowe stated gay/lesbian/bisexual/transgendered individuals did not meet the legal criteria for designation as protected classes under civil rights laws.

78238 Don Stowe, City resident, spoke regarding pro-homosexual curricula and activities in the public schools. Mr. Stowe’s written comments and information he distributed were filed with the papers for this meeting. REGULAR MEETING OF FEBRUARY 16, 2009 Page 28

78239 Richard Szwaja, non-resident and Executive Director of The Adventure Centre, invited City Commissioners to become involved with the Climb for Youth event at Climb Kalamazoo on March 21st. Information distributed by Mr. Szwaja was filed with the papers for this meeting.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: the NAACP Anniversary; the Kalamazoo Outlaws; the Anti-Discrimination Ordinance Subcommittee Forum on March 9th; recent violence in the Northside Neighborhood and the Town Hall Meeting on February 19th; and Black History Month.

Commissioner Miller expressed condolences to the family of former Western Michigan University (WMU) President Diether Haenicke and noted the Downtown and Portage Creek Corridor Plans were available for review and comment.

Commissioner Cooney offered remarks on the following topics: the Walk for Warmth on February 28th; the death of Diether Haenicke; and the message community leaders must communicate regarding violence in the community.

Commissioner McCann offered remarks on the life of Diether Haenicke and on the violence that occurred in the Northside Neighborhood on February 10th.

Vice Mayor McKinney commented on the death of Diether Haenicke and on recent violence in the Northside Neighborhood.

Mayor Hopewell commented on youth violence in the community and offered remarks on the death of Diether Haenicke. Mayor Hopewell also expressed condolences to Commissioner Anderson on the loss of his father. Mayor Hopewell announced he would be giving the State of the City Address on Monday, March 30, 2009 at 7:00 p.m. in the auditorium at Lincoln International Studies School.

Adjournment The meeting adjourned at 7:35 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on March 16, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: March 16, 2009 REGULAR MEETING OF MARCH 2, 2009 Page 29 A regular meeting of the Kalamazoo City Commission was held on Monday, March 2, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioners Commissioner Moore, seconded by Commissioner Miller, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote the motion passed.

Invocation The invocation, given by Dr. Sean Niestrath, East Main Church of Christ, was followed by the Pledge of Allegiance.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Presentation of the David Thomas, Neighborhood Development Manager, provided a broad PY2009-2010 overview of the Community Development Block Grant (CDBG) funding CDBG Funding allocation process. Recommendations 78240 Shirley Ann Coleman, Chair of the Community Development Act Advisory Committee (CDAAC), described the funding application review process and presented the PY2009-2010 CDBG funding allocation recommendations from CDAAC. Ms. Coleman noted the funds requested exceeded the funds available by a ratio of 2.5:1.

In response to a question from Mayor Hopewell, Mr. Thomas explained each funding request had been evaluated against eight criteria, and City staff monitored each sub-recipient on an annual basis, through either an on-site visit (at least once every three years) or financial reconciliation and desk reviews of paperwork submitted by the sub-recipients.

Public Hearing re: At 7:24 p.m. Mayor Hopewell opened a public hearing to receive public the PY2009-2010 comments regarding the recommendations of the Community CDBG Funding Development Act Advisory Committee and the City Administration for Recommendations funding of various local agencies to provide housing and public services 78240 through the federal Community Development Block Grant (CDBG), HOME Investment Partnership Program and Emergency Shelter Grant for the 2009 program year, June 1, 2009 through May 31, 2010.

REGULAR MEETING OF MARCH 2, 2009 Page 30 Public Hearing re: Erma Gordon, City resident, spoke regarding the unsuccessful the PY2009-2010 funding request from the KIDBIZ Young Entrepreneurs program. CDBG Funding Recommendations Annie Morgan, Home Repair Program Director for Senior (cont’d) Services, thanked the City for funding the Tuesday Toolmen 78240 Program.

Cindy Graham, Grants and Compliance Officer for Housing Resources Incorporated (HRI), thanked the City for allocating funding to HRI.

Tahirih Ziegler, Executive Director of the Local Initiative Support Corporation (LISC), thanked CDAAC and the City Commission for awarding CDBG funds to LISC.

Matt Lager, Deputy Director at Kalamazoo Neighborhood Housing Services (KNHS), thanked CDAAC and the City Commission for awarding CDBG funds to KNHS.

Jenny Shoub, Executive Director of the Kalamazoo YWCA, thanked the City for awarding for CDBG funds to the YWCA.

Bob Ells, Executive Director of the Fair Housing Center of Southwest Michigan, thanked CDAAC and the City Commission for allocating CDBG funds to the Fair Housing Center.

Ramon Berlanga, Executive Director of the Hispanic American Council, thanked the City Commission for CDBG funding but noted this funding covered only 1/8 of the Council’s budget.

Jeff Brown, Executive Director of the Kalamazoo County Poverty Reduction Initiative, thanked CDAAC and the City Commission for allocating funds to the Initiative.

Fiorella Spalvieri, non-resident, spoke on behalf of the Living Ways Foundation and thanked CDAAC and the City Commission for awarding CDBG funds to the Foundation.

Fred Lawrence, City resident, asked for an explanation of the benchmarks for CDBG funded programs and suggested the performance measures for these programs be made available on the City’s website.

At 7:48 p.m. Mayor Hopewell closed the public hearing.

Approval of the Commissioner Anderson, seconded by Commissioner Miller, moved to PY2009-2010 approve the recommendations of the Community Development Act CDBG Funding Advisory Committee and the City Administration for funding of various Recommendations local agencies to provide housing and public services through the federal Community Development Block Grant (CDBG), HOME Investment 78240 Partnership Program and Emergency Shelter Grant for the 2009 program year, June 1, 2009 through May 31, 2010 and authorize the City Manager to sign and submit all appropriate documents required by the U.S. Department of Housing and Urban Development REGULAR MEETING OF MARCH 2, 2009 Page 31

Approval of the Prior to a vote on the motion, Commissioner Moore thanked CDAAC and PY2009-2010 Mr. Thomas for their work. Commissioner Moore expressed CDBG Funding disappointment that the KIDBIZ Young Entrepreneurs program did not Recommendations receiving funding and she recommended that this program be funded if (cont’d) more was not funded. Spoke on behalf of the KIDBIZ program.

78240 Commissioner Cooney stated all of the organizations that had applied for funding provided excellent programs, but the available resources did not match the community’s needs. Commissioner Cooney commended David Thomas and CDAAC for their hard work and professionalism.

Commissioner Anderson noted the CDBG funding process was a community process, and he highlighted the fact that funding recipients received less than they had requested, and if they had received funding in 2008, their 2009 allocations were less. Commissioner Anderson urged the City Commission to accept the results of the application process and not second guess CDAAC’s recommendations.

Mayor Hopewell thanked the funding recipients for the services they provided to the community. Mayor Hopewell stated the tracking of performance measures for agencies receiving CDBG funds would allow citizens to see how reductions to these funds from the federal government were affecting the community.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78241 - approval of a contract with Pumford Construction, Inc. for the replacement of the #1 Tertiary Screw Pump at the Harrison Street Facility in the amount of $304,700.

78242 - approval of a one-year contract for the purchase of fluorosilic acid from Alexander Chemical Corporation in the amount of $129,250.

Resolution 09-13 - adoption of a RESOLUTION setting forth the salary of City 78243 Manager Kenneth P. Collard effective March 2, 2009.

78244 - approval of a recommendation to partner with Kalamazoo Township on a project to replace the radio tower currently in use at the Sheriff’s Office facility with a tower that will accommodate the 800 MHz Michigan Public Safety Communications System; and agree to provide Kalamazoo Township with $32,080 in support of the radio tower replacement project.

REGULAR MEETING OF MARCH 2, 2009 Page 32 Consent Agenda (cont’d) - acceptance of the Project Safe Neighborhoods sub-recipient grant 78245 award of $41,275 for the purpose of supporting a gun/gang violence investigator.

78246 - renewal of a HOME Investment Partnerships Program Agreement between the City of Kalamazoo and Housing Resources, Inc. through May 31, 2010 to conduct the Family Self-Sufficiency Program in an amount not to exceed $200,000.

78247 - approval of a HOME Investment Partnership Program Agreement between the City of Kalamazoo and the YWCA of Kalamazoo in the amount of $45,000.

78248 - approval of a HOME Community Housing Development Organization funds in the amount of $200,000 for the Kalamazoo Area Housing Corporation toward project development activities associated with a major renovation of the Rickman House.

78249 - acceptance of the recommendations of the Community Development Act Advisory Committee and the City Administration for funding of various local agencies that provide supplemental summer youth programming ($63,200) and other community programming ($16,800) in the total amount of $80,000 funded through the City Commission Initiative Account.

78250 - approve an allocation to Kalamazoo Communities in School in the amount of $100,000.

78251 - first reading of an ORDINANCE amending sections of Chapter 17, Housing Code for necessary changes to the building code and other initiatives related to residential cooperatives and certificate length.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

City Clerk’s Report City Clerk Borling reported the following items: 78252 - receipt of the lawsuit West Michigan Woods Limited Dividend Housing Association Limited Partnership v City of Kalamazoo and referral of this lawsuit to the City Attorney

- the receipt of minutes from the following advisory boards and commissions:

Board of Review for Assessments - December 9, 2008 REGULAR MEETING OF MARCH 2, 2009 Page 33 City Clerk’s Report Community Development Act Advisory Committee (cont’d) - November 13, 2008 - December 11, 2008 78252

Community Relations Board - November 13, 2008

Dangerous Buildings Board - November 6, 2008 - December 4, 2008 - January 15, 2009

Environmental Concerns Committee - January 21, 2009

Friends of Recreation Board - November 17, 2008 - December 15, 2008

Housing Board of Appeals - October 23, 2008

Investment Committee of the Retirement System - November 19, 2008

Kalamazoo Historic Preservation Commission - November 5, 2008

Kalamazoo Municipal Golf Association - November 18, 2008 - January 20, 2009

Parks and Recreation Advisory Board - December 2, 2008 - January 6, 2009

Pension Board - December 12, 2008

Perpetual Care Investment Committee - November 19, 2008

Planning Commission - November 6, 2008

Zoning Board of Appeals - November 13, 2008 - December 11, 2008

- the following Special Event requests were approved in the month of February:

REGULAR MEETING OF MARCH 2, 2009 Page 34 City Clerk’s Report - a request from the Community Action Bureau to use City (cont’d) sidewalks on Saturday, February 28, 2009 from 9:00 a.m. to 10:00 a.m. for the 16th Annual Walk for Warmth. 78252

- a request from the Irish-American Club to use city streets on Saturday, March 14, 2009 beginning at 9:00 a.m. for the annual St. Patrick’s Day Parade.

- a request from the March of Dimes Foundation, Kalamazoo Division, to use city sidewalks on Saturday, April 25, 2009 from 8:00 a.m. to 1:00 p.m. for the annual March for Babies.

- a request from the Milwood Little League to use city streets on Saturday, May 2, 2009 beginning at 9:30 a.m. for the annual Milwood Little League Opening Day Parade.

- a request from MRC Industries to use city streets on Friday, June 19, 2009 from 6:30 – 7:30 p.m. and on Saturday, June 20, 2009 from 7:30 – 11:00 a.m. for the 31st Annual Kalamazoo Klassic and Kids Klassic foot races.

Tax Assessment City Assessor Connie Darling presented a report on tax assessments, Update explained how it was possible for a property owner’s taxes to rise despite 78253 declining property values, and explained the assessment appeal process.

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Lakisha Robison, City resident, spoke regarding the decision by managers of the Fox Ridge Apartments to not let Metro Transit busses on that property.

Sam Dixison, City resident, alleged four Kalamazoo Department of Public Safety detectives covered-up a criminal sexual conduct incident that took place in June 2008. Mr. Dixison stated he had left packets for Commissioners regarding the incident.

Fred Lawrence, City resident, spoke regarding the lack of jobs in Kalamazoo and the need for average jobs for average citizens.

Norine Wafford, City resident, spoke regarding youth issues and the need for jobs in Kalamazoo. City Commissioner Comments Next, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Moore congratulated Ministry with Community for its successful gumbo tasting event on March 1st; thanked the people who attended the unveiling of the mosaic art project at the offices of the Northside Association for Community Development (NACD); invited citizens to a free workshop on March 30th regarding the expungement of criminal records; invited people to attend the 5th annual awards banquet REGULAR MEETING OF MARCH 2, 2009 Page 35 and fundraiser for the Young Black Males Advocates for Justice on March City Commissioner th Comments (cont’d) 14 ; announced the Safe House was recruiting board members and volunteers; remarked on a new healthcare program for adults at the Family Health Center; and noted the audio files of City Commission meetings were available on the City’s website.

Commissioner Anderson reported the Anti-Discrimination Ordinance Subcommittee would be holding a public forum at 7:00 p.m. on March 9th in the Van Deusen Room at the Kalamazoo Public Library. Commissioner Anderson announced citizens would be able to comment on the ordinance by calling a dedicated hotline, sending mail and email to the City Commission, and visiting a special page on the City’s website.

Commissioner Cooney asked for a report on the allegations of Mr. Dixison and commented on the need for jobs, the federal economic stimulus package, students who were participating in the Alternative Spring Break, and a lecture on sustainability by Dr. Vandana Shiva on March 12th at Western Michigan University.

Commissioner McCann expressed condolences to Commissioner Anderson on the passing on his father. Commissioner McCann also offered comments on the allocation of $121,000 to youth programs, the addition of a Public Safety position to help reduce gun violence and gang activity, the beating of a bicyclist by a gang of youth in February, and the St. Patrick’s Day Parade on March 14th.

Adjournment The meeting adjourned at 8:49 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 NEIGHBORHOOD MEETING OF MARCH 16, 2009 Page 36 A Neighborhood Meeting of the Kalamazoo City Commission was held on Monday, March 16, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann

COMMISSIONERS ABSENT: Barbara Miller Stephanie Moore

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Cooney, seconded by Commissioner Anderson, moved to Excused excuse the absences of Commissioners Miller and Moore. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Neighborhood communications were received next. Communications Representatives of the following neighborhood organizations were present:

Kalamazoo College Student Commission Patrick Tanis, President Alex Morgan, Student Commission Finance Director

Northside Association for Community Development Ms. Boyd, Board Member Mattie Jordan-Woods, Executive Director

Parkview Neighborhood Association Joan Dombrowski, President Karl Freed, Parkview Hills Association President Gary , Board Member

K-College Student The Kalamazoo College Student Commission representatives: Commission - reported on the campus-wide sustainability initiative, including the achievement of silver-level LEED certification for the Hicks Student Center and the recent shift in the publication of the student newspaper to an online format only.

- provided an update on the Guild Initiative and stated the Guilds would be integrated with the Center for Career and Professional Development. Will improve networking with alumni and community organizations.

NEIGHBORHOOD MEETING OF MARCH 16, 2009 Page 37 K-College Student - reported the faculty had approved a new curriculum that gave Commission (cont’d) students more independence and freedom to design their own academic programs.

- indicated the college would be changing its academic calendar to implement a split winter term.

In response to a question from Commissioner Anderson, Mr. Tanis stated the student newspaper was available at kzooindex.com but was unable to indicate whether an RSS feed or other technology was in place to “deliver” the newspaper to readers electronically.

In response to a question from Commissioner Cooney, Mr. Tanis reported current K-College enrollment was slightly less than 1,400 with plans to grow to 1,500. Mr. Morgan indicated the college had taken steps to ensure the maintenance of the international studies program for an additional five to six years.

In response to a question from Mayor Hopewell, Mr. Morgan stated the college administration was working towards implementing the Posse Program in the Fall Semester, 2009.

Northside The Northside Association for Community Development (NACD) Association for representatives: Community Development - stated there had been a great response to the water park on Florence Street, and citizens had requested similar parks in other parts of the Northside.

- reported they had been meeting with Community Planning and Development Director Jeff Chamberlain and other City staff to deal with problem properties.

- inquired about the possibility of creating zoning overlays for the Northside, especially with regard to new developments by non- profit organizations.

- stated one of Vice Mayor McKinney’s classes from K-College was conducting a housing study along the Westnedge Avenue and Park Street corridors.

- announced there would be a meeting on March 24th to review the accomplishments of the Northside Neighborhood Strategic Plan since 2005 and to consider the future of the Plan.

- requested a long-term plan to address crowds of young people before they become crowds and asked about the legal options for addressing crowds of young people on City sidewalks.

- requested that a committee or subcommittee consider how to expand the Summer Youth Employment Program and make it more permanent. NEIGHBORHOOD MEETING OF MARCH 16, 2009 Page 38

Northside - questioned if the City had the ability, through an ordinance or Association for other means, to address the issue of non-profit organizations that Community were renting once-foreclosed homes and placing people convicted Development of Criminal Sexual Conduct and other crimes in these residences. (cont’d) Ms. Jordan-Woods reported the Volunteers of America wanted to open a group home for homeless veterans in the Northside Neighborhood.

- indicated NACD would work with Kalamazoo Community Mental Health and CSM regarding mental health issues and young people.

In response to Ms. Jordan-Woods, Commissioner Anderson explained federal courts had overturned limits on the location of licensed adult foster care homes for six or less residents. Commissioner Anderson stated zoning regulations applied to group homes for seven 7 or more residents.

In response to a question from Commissioner Anderson, Ms. Jordan- Woods stated Volunteers of America would present their project to the community at the United Way offices on March 19th. Ms. Jordan-Woods clarified the state veterans’ association had approached Volunteers of America to set up a home for veterans in Kalamazoo.

Parkview Hills The Parkview Hills Neighborhood representatives: Neighborhood Association - reported residents would be doing work around the Neighborhood during a Community Day in April in an effort to save the association money.

- announced Parkview Hills would participate in the National Night Out events in August.

- stated the City had neglected to fill potholes on Blackberry Lane.

- commended young people from YOU for their good work cleaning along Parkview Avenue.

- thanked the City for paving Oakfield Road and requested the remaining public streets in the Neighborhood be paved in 2010.

- thanked City Engineer Frank Szopo for addressing street lighting issues in the Neighborhood.

Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

City Commissioner Commissioner Anderson reported the Community Relations Board had Comments requested a time to meet with the City Commission, possibly during the Neighborhood Meetings, in order to receive direction from the City Commission and to feel more relevant.

Adjournment The meeting adjourned at 6:40 p.m. NEIGHBORHOOD MEETING OF MARCH 16, 2009 Page 39 Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Vice Mayor Dated: June 1, 2009

REGULAR MEETING OF MARCH 16, 2009 Page 40 A regular meeting of the Kalamazoo City Commission was held on Monday, March 16, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller

COMMISSIONERS ABSENT: Stephanie Moore

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioners Commissioner Anderson, seconded by Vice Mayor McKinney, moved to Excused excuse the absence of Commissioner Moore. With a voice vote the motion passed.

Invocation The invocation, given by Pastor James A. Tucker, II, Heigher Heights Ministries International, was followed by the Pledge of Allegiance.

Proclamation Mayor Hopewell proclaimed March 31, 2009 “Cesar E. Chavez Day.” 78254 Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78255 - approval of: a) a three year contract with JH Maintenance to mow Westside City properties and City owned Cemeteries in the amount of $389,690.95; and, b) a three year contract with Earth Works to mow Eastside City properties and nuisance violations in the amount of $190,675.

Resolution 09-14 - adoption of a RESOLUTION to approve the Pharmaceutical 78256 Recovery Renaissance Zone Agreement with MPI Research, Inc. and to authorize the City Manager to sign that agreement and all other agreements or documents necessary for its implementation and performance.

Resolution 09-15 - adoption of a RESOLUTION which recommends to the Michigan Liquor Control Commission that they deny the renewal of the 78257 liquor license currently held by Aris Inc., dba JR Saladays/O’Sheas Pub & Grille, based on non-payment of personal property taxes.

REGULAR MEETING OF MARCH 16, 2009 Page 41

Resolution 09-16 - adoption of a RESOLUTION to correct the legal descriptions and locations set forth in Resolution No. 90-71 regarding the walkway 78258 and tunnel over and under Portage Street.

Resolution 09-17 - adoption of a RESOLUTION setting the 2009-2013 Department of 78259 Parks and Recreation Master Plan public hearing for April 6, 2009.

78260 - granting consent to the First Amendment to Amended and Restated Parking Space Lease Agreement (Amendment), and the accompanying Memorandum of Lease, between City of Kalamazoo Downtown Development Authority and Ramp 3, LLC and authorize the City Manager to sign these documents.

78261 - authorization for the City Manager to sign a “Uniform Video Service Local Franchise Agreement” with T2TV, LLC.

78262 - approval of a request to participate with the State of Michigan in a cooperative bid for the purchase of ice control salt for the 2009/2010 Winter Season.

78263 - acceptance of a grant from the Stryker/Johnston Foundation for $19,500 in support of the 2009 Summer Youth Employment Program.

78264 - acceptance of funding from Oakwood Neighborhood Association for $4,064.00 to fund after school enrichment activities three days per week from Feb. 2, 2009 – December 31, 2009, at the Oakwood Neighborhood Association.

78265 - approval of the following appointments, re-appointments, and term extension for members of advisory boards and commissions:

- the reappointment of Glenda Campbell to the Board of Review for Assessments for a term expiring on January 31, 2012.

- the reappointment of H. Charles Kiplinger to the Board of Review for Assessments for a term expiring on January 31, 2012.

- the appointment of Johnny Thompkins to the Board of Review for Assessments for a term expiring on January 31, 2012.

- the reappointment of Thomas Kirk Kostrzewa as the General Contractor Representative on the Dangerous Buildings Board for a term expiring on March 31, 2012.

- the extension of Wendy Denning’s term as the Licensed Real Estate Broker Representative on the Dangerous Buildings Board until March 31, 2010.

- the appointment of Erin Seaverson to the Historic District Commission for a partial term expiring on March 31, 2010. REGULAR MEETING OF MARCH 16, 2009 Page 42 Consent Agenda - the appointment of Tony Holewinski to the Historic (cont’d) Preservation Commission for a term expiring on 78265 March 31, 2012.

- the reappointment of Sonja Dean to the Planning Commission for a term expiring on March 31, 2012.

- the reappointment of Mark Fricke to the Planning Commission for a term expiring on March 31, 2012.

- the reappointment of Merilee Mishall to the Planning Commission for a term expiring on March 31, 2012.

- the appointment of Charles Welch to the Transit Authority Board for a term expiring on December 31, 2011.

- the re-appointment of David Artley to the Zoning Board of Appeals for a term expiring on March 31, 2012.

- the re-appointment of Rachel Hughes-Nilsson to the Zoning Board of Appeals for a term expiring on March 31, 2012.

- the appointment of Doris Jackson to the Zoning Board of Appeals for a partial term expiring on March 31, 2010.

- the re-appointment of Charles Martel to the Zoning Board of Appeals for a term expiring on March 31, 2012.

- the appointment of Richard Schau to the Zoning Board of Appeals for a partial term expiring on March 31, 2010.

- approval of the minutes from the following City Commission meetings: the Neighborhood Meeting on February 16, 2009; and the Business Meetings on January 26, February 2, and February 16, 2009.

Commissioner McCann, seconded by Commissioner Miller, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manger’s City Manager Collard reported the following items: Report 78266 - Departmental Reports and Project Updates - Kalamazoo Communities in Schools Newsletter dated March, 2009 - February 2009 Purchasing Report REGULAR MEETING OF MARCH 16, 2009 Page 43 City Manger’s - Report to the Retirement Investment Committee dated Report (cont’d) December 31, 2008 78266 City Manager Collard noted the Employees’ Retirement System lost $62.6 million dollars in the 4th quarter of 2008.

Policy Items Policy Items were considered next.

Resolution 09-18 Commissioner McCann, seconded by Vice Mayor McKinney, moved to re: a Local adopt a RESOLUTION extending the City’s local preference purchasing Preference policy to include professional services. Purchasing Policy 78267 Prior to a vote on the motion, City Manager Collard provided an overview of the new local preference purchasing policy.

Commissioner McCann thanked City Manager Collard and Purchasign Director Nick Lam for developing the policy.

Commissioner Miller noted that the procurement process for professional services looked at the bidders’ qualifications and not just the cost.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Jan Stowe, City resident, spoke regarding the book The Homosexual Agenda and expressed opposition to the City’s Anti- Discrimination Ordinance.

Peter Aris, non-resident, expressed concern that the City’s recommendation to deny renewal of a liquor license to his business, O’Shea’s Pub and Grille, would adversely affect the pending sale of the business.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Miller remarked on the first day of Spring, the state playoff game for the Kalamazoo Central boys basketball team, and the grand opening of The Coffee Bar on the corner of Walnut and Burdick Streets.

Commissioner Anderson reminded citizens the comment period for the Anti-Discrimination Ordinance would be open through March 26th, and he highlighted the Diversity Event that would take place on March 31st and April 1st at Chenery Auditorium. Commissioner Anderson noted the building permits issued in January and February represented $11.6 million in new construction value.

REGULAR MEETING OF MARCH 16, 2009 Page 44 City Commissioner Commissioner Cooney thanked Commissioner Anderson for his work on Comments (cont’d) the Anti-Discrimination Ordinance Sub-Committee and noted the good, quiet work performed by Kalamazoo Communities in Schools.

Mayor Hopewell commented on the State of the City Address, recent opportunities for engaging youth, the St. Patrick’s Day Parade, Commissioner McCann’s upcoming wedding, and the need for community engagement on all issues facing the City.

Closed Session Commissioner Miller, seconded by Commissioner McCann, moved that 78268 the City Commission go into closed session to discuss pending litigation.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

The City Commission went into closed session at 7:44 p.m. The City Commission came out of closed session at 8:16 p.m.

Acceptance of the Commissioner Miller, seconded by Commissioner Anderson, moved to City Attorney’s accept the City Attorney’s recommendation regarding the lawsuit Brinson Recommendation v City of Kalamazoo. re: the Lawsuit Brinson v City of With a roll call vote this motion passed unanimously. Kalamazoo 78269 AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Adjournment The meeting adjourned at 8:17 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 SPECIAL MEETING OF MARCH 27, 2009 Page 45 A special meeting of the Kalamazoo City Commission was held on Friday, March 27, 2009 at 7:30 a.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Don Cooney Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney David Anderson Sean McCann

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioners Commissioner Cooney, seconded by Commissioner Moore, moved to Excused excuse the absences of Vice Mayor McKinney and Commissioners Anderson and McCann. With a voice vote the motion passed.

Presentation on Jerome Kisscorni, Executive Director of the Economic Development the American Corporation, delivered a PowerPoint presentation entitled, Amercian Recovery and Recovery and Reinvestment Act, March 2009. Director Kisscorni’s Reinvestment Act presentation provided a summary of the economic recovery and stimulus (ARRA) programs available through the Amercian Recovery and Reinvestment Act (ARRA) and the specific dollars the Kalamazoo Community would 78270 receive.

In response to questions from Commissioner Cooney, Executive Director Kisscorni stated the Department of Education would most likely award discretionary funds for after school programs through a competitive process, and it was likely that the paper mill sites on Alcott Street would benefit from funds administered by the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA).

In response to a question from Commissioner Miller, Executive Director Kisscorni indicated federal officials were trying to define and calculate job creation relative to ARRA.

Citizen Comments When given an opportunity to comment, the following citizens addressed the City Commission:

Michael Evans of Michigan Peoples’ Action urged the City to use homelessness prevention dollars to provide housing for homeless people. Mr. Evans noted the federal formula was based on the formula for shelter grants, but the homeless prevention funds were not for shelters.

Stacey Marek, Chair of Michigan Peoples’ Action, urged the City to adopt the Housing First model when allocating homelessness prevention funds.

Michael Fuller, board member of Michigan Peoples’ Action, asked the City of Kalamazoo to support the Housing First model.

SPECIAL MEETING OF MARCH 27, 2009 Page 46 Citizen Comments Lori Anne Tennison, talked about National People’s Action and the (cont’d) homelessness prevention funds. Ms. Tennison requested that the City provide weekly reports on Recovery.gov and that the City make use of the full 12-day citizen participation period.

Chris Perry, City resident, asked that the City allow homeless people to participate in the planning process for use of the homelessness prevention funds.

Wade Allen, a member of People United to Secure Housing, stated social service agencies were the “middlemen” between the source of the homelessness prevention funds (the federal government) and homeless people, and he advocated for their removal from the funding stream.

Edward Prince, City resident, spoke about his experiences with the housing voucher system and the Kalamazoo Gospel Mission. Mr. Prince stated the Gospel Mission should not receive funding, as it placed stipulations on its services.

Public Safety Assistant Public Safety Chief Patrick Wright reported five people (two Update adults and three juveniles) had been arrested on felony assault and rioting charges in the Stafford beating case.

City Commissioner Commissioner Moore reminded citizens about the expungement Comments workshops on Monday, March 30th at the offices of the Northside Association for Community Development.

Commissioner Miller thanked Executive Director Kisscorni for his report and information. Commissioner Miller stated the meeting had been noticed properly.

Commissioner Cooney thanked the City Administration for the report no ARRA. Commissioner Cooney suggested the City consider ways to use the stimulus funds to have long term impacts.

Adjournment The meeting adjourned at 8:28 a.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 REGULAR MEETING OF APRIL 6, 2009 Page 47 A regular meeting of the Kalamazoo City Commission was held on Monday, April 6, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller

COMMISSIONERS ABSENT: Stephanie Moore

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and Deputy City Clerk Virginia Vander Roest.

Commissioner Commissioner Cooney, seconded by Commissioner Anderson moved to Excused excuse the absence of Commissioner Moore.

Invocation The invocation, given by Elder Douglas King, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of Dr. Janice Brown and Mr. Guests Robert Jorth. Dr. Brown and Mr. Jorth delivered a presentation entitled, 78271 The Kalamazoo Promise: Education for Economics.

Proclamations Mayor Hopewell proclaimed April 12-18, 2009 “National Community 78272 Development Week.” Keith Hernandez, Community Planning and Development Deputy Director, received the proclamation.

78273 Mayor Hopewell read a proclamation commemorating the 125th Anniversary of the City of Kalamazoo.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:28 p.m. Mayor Hopewell opened a public hearing to receive public The Parks & comments regarding a recommendation to adopt a RESOLUTION for the Recreation Master adoption of the 2009-2013 Department of Parks and Recreation Master Plan Plan and authorize the City Manager to formally submit the resolution and 78274 plan to the Michigan Department of Natural Resources.

At 7:30 p.m. Mayor Hopewell closed the public hearing.

Resolution 09-18a Commissioner McCann, seconded by Commissioner Miller, moved to Adopting the Parks adopt a RESOLUTION for the adoption of the 2009-2013 Department of & Recreation Parks and Recreation Master Plan and authorize the City Manager to Master Plan formally submit the resolution and plan to the Michigan Department of Natural Resources. 78274 REGULAR MEETING OF APRIL 6, 2009 Page 48 With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78275 - approval of a one year contract extension with Waste Management of Michigan, Inc. for loading, hauling and disposal of belt press solids from the Kalamazoo Water Reclamation Plant in the amount of $1,322,000.

78276 - approval of contracts for the purchase of conversion vans and buses for the Care-A-Van, Metro Van and Community Service Van programs as follows:

- a contract with Mobility Transportation Services of Canton, Michigan, for the purchase of fifteen 2009 Ford E-250 lift- equipped conversion vans in the amount of $445,350, with an option to purchase up to four additional vehicles over the next three years

- a contract with Midwest Trans Equipment of Eaton Rapids, Michigan, for the purchase of seven 2009 E450 Senator II lift-equipped buses in the amount of $426,972.

78277 - approval of a contract with Rieth-Riley Construction Company for the purchase of asphalt paving materials in the amount of $366,250.

- approval of a contract with, Rivertown Contractors, Inc., for a new 78278 pedestrian bridge and fishing dock at Spring Valley Park in the amount of $281,781.

78279 - approval of a three year contract with Mulder’s Landscape Supplies to perform residential brush collection during the months of May through October in the amount of $183,420.

Resolution 09-19 - adoption of a Notice of Intent RESOLUTION for the issuance of General Obligation Limited Tax Bonds for capital improvements in 78280 an amount not to exceed $5.815 million for the purpose of financing capital projects included in the Fiscal Year 2009 Capital Improvement Program.

78281 - approval of a recommendation to authorize the City Manager to execute a Water Tower Lease Agreement that allows MetroPCS Michigan, Inc. to place telecommunication equipment on and under the City’s Beech Avenue water tower.

REGULAR MEETING OF APRIL 6, 2009 Page 49 Consent Agenda (cont’d) - approval of a recommendation to authorize the City Manager to execute a Water Tower Lease Agreement to allow MetroPCS 78282 Michigan, Inc., to place telecommunication equipment on and under the City’s Mt. Olivet water tower.

78283 - approval of a recommendation to authorize the City Manager to execute a lease agreement that will allow New Par (dba Verizon) to lease approximately 1,575 square feet at Eastern Hills Golf Course on which to place a single monopole for cellular phone use.

78284 - approval of the following appointments for members of advisory boards and commissions:

- the appointment of Robert Miller to the Downtown Development Authority Board of Directors for a term expiring on March 1, 2010

- the appointment of Bjorn Green to the Downtown Development Authority Board of Directors for a term expiring on March 1, 2013.

- the appointment of Tahirih Ziegler to the Downtown Development Authority Board of Directors for a term expiring on March 1, 2013.

- the appointment of Melba Colca to the Downtown Development Authority Citizen Advisory Council for a term expiring on March 1, 2012.

78285 - approval of a recommendation to hold until April 20, 2009 the adoption of a RESOLUTION approving the transfer of the former KDPS Headquarters and former Training Center sites to the City of Kalamazoo Brownfield Redevelopment Authority and authorizing the city manager to sign all documents necessary to effectuate such action.

Commissioner Anderson, seconded by Commissioner Cooney, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

The following citizens spoke regarding the Homeless Prevention and Rapid Re-Housing Program through the Department of Housing and Urban Development:

REGULAR MEETING OF APRIL 6, 2009 Page 50 Citizen Comments Stacy Merrick, City resident (cont’d) Michael Fuller, City resident 78286 Norman Young, non-City resident Max Conrad, City resident LoriAnne Tennison, City resident Chris Perry, City resident Laura Barraclough, City resident Wade Allen, City resident

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Miller congratulated Clerk Borling on the birth of his daughter and Commissioner McCann on his marriage. Commissioner Miller also reminded citizens that the Summer Fun Guide and Master Plan for Parks and Recreation are available.

Commissioner Anderson commented on the amount of citizen and staff involvement in the Parks and Recreation Master Plan and the amount of work that goes into creating it.

Commissioner Cooney praised Mayor Hopewell on his State of the City address and his call for a Covenant.

Commissioner McCann applauded Mayor Hopewell for his State of the City address and sent thoughts and prayers to State Representative Robert Jones.

Vice Mayor McKinney congratulated Commissioner McCann on his marriage.

Mayor Hopewell congratulated Commissioner McCann on his marriage and sent best wishes to State Representative Robert Jones. Mayor Hopewell also thanked the public for coming to the State of the City Address and stated that there was more to do.

Closed Session to Commissioner McCann, seconded by Commissioner Miller, moved that Discuss Labor the City Commission go into closed session to discuss labor negotiations. Negotiations With a roll call vote this motion passed unanimously.

78287 AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

The City Commission went into closed session at 8:07 p.m. The City Commission came out of closed session at 8:19 p.m.

Approval of KMEA Commissioner McCann, seconded by Commissioner Cooney, moved to contract approve a contract with Kalamazoo Municipal Employee Association (KMEA) for the period January 1, 2009 – December 31, 2011. 78288 With a roll call vote this motion passed unanimously.

REGULAR MEETING OF APRIL 6, 2009 Page 51 AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Approval of the Commissioner McCann, seconded by Vice Mayor McKinney, moved to KPSOA Contract approve a contract with Kalamazoo Public Safety Officers Association for the period January 1, 2009 – December 31, 2009. 78289 With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Adjournment The meeting adjourned at 8:21 p.m.

Respectfully submitted,

Virginia M. Vander Roest Deputy City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 NEIGHBORHOOD MEETING OF APRIL 20, 2009 Page 52 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, April 20, 2009 at 6:01 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and Deputy City Clerk Virginia Vander Roest.

Commissioner Commissioner Moore, seconded by Commissioner Anderson moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote, the motion carried.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Eastside Neighborhood Association Frank Barrett, President Mike Seals, Treasurer Pat Taylor, Executive Director Pastor Milton Wells

Oakwood Neighborhood Association Gary Wager, President Cheryl Lord, Executive Director

Vine Neighborhood Association Jennifer McVey, President Stephen Walsh, Executive Director

Eastside The Eastside Neighborhood Association representatives: Neighborhood Association - reported three subcommittees created by the Neighborhood’s strategic plan were working with City staff on the issues of facility relocation, abandoned properties, and attracting small businesses to the Neighborhood.

- provided updates on the following initiatives: the youth lounge, the Head Start classroom, Community Gardens, Building Blocks, Healthy Babies, weatherization workshops, and foreclosure assistance for seniors.

NEIGHBORHOOD MEETING OF APRIL 20, 2009 Page 53 Eastside - discussed current funding levels and fundraisers. Neighborhood Association - indicated the Public Safety Department had targeted E. Main (cont’d) Street for broken window repair.

- reported on the status of the Youth Center and the potential roll out of a capital plan in September or October.

In response to a question from Commissioner Moore, representatives discussed plans to hire youth for summer employment through Youth Opportunities Unlimited (YOU).

Oakwood The Oakwood Neighborhood Association representatives: Neighborhood Association - reported that the addition of a shared Community Police Officer with Milwood was providing improvements to the Neighborhood.

- discussed plans to add a Community Garden off of Springmont.

- advised that the Board of Director was working to update the Neighborhood’s strategic plan and action plans.

- reported the James McDivitt Tot Lot was being improved with murals on the sewer tiles.

- provided information on the after school program and described how it had changed to an after school tutoring program due to state licensing requirements.

- reported complaints of street flooding from citizens in the 2200- 2400 block of Hazel.

- recommended the City consider allocating neighborhood funding based on income levels city-wide versus using CDBG-eligible census tracts.

Vine The Vine Neighborhood Association representatives: Neighborhood Association - reported 25 families attended a successful Neighborhood open house in March.

- announced the Neighborhood was seeking applications for youth employment through YOU.

- stated Vine Street would be a Building Blocks program site in 2009.

- advised the Neighborhood was seeking a site for a Community Garden as three different groups were interested in the project, and funding was available.

- expressed appreciation to Keith Hernandez and the Community Planning & Development office.

NEIGHBORHOOD MEETING OF APRIL 20, 2009 Page 54

Vine - apologized to City housing inspectors for negative comments Neighborhood made at previous City Commission meetings but expressed Association concern about home owners who had learned how to “work the (cont’d) system” with regard to housing issues. The representatives further explained they were finding loopholes in the City’s processes and suggested the City consider the issue from the prosecution level and work backwards.

In response to a question from Commissioner Moore, the representatives stated that they were working with both Public Safety and the Community Planning and Development Departments in regards to housing issues.

At 6:46 p.m. Mayor Hopewell left the meeting.

In response to a question from Commissioner Cooney, the representatives stated their funding sources for the Community Garden were Penny Kelly, Wall Street Community Garden and Kalamazoo College.

Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

Adjournment The meeting adjourned at 6:50 p.m.

Respectfully submitted,

Virginia M. Vander Roest Deputy City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 REGULAR MEETING OF APRIL 20, 2009 Page 55 A regular meeting of the Kalamazoo City Commission was held on Monday, April 20, 2009 at 7:04 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and Deputy City Clerk Virginia Vander Roest.

Invocation The invocation, given by Commissioner Moore, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of college students and Boy Guests Scouts.

Proclamations Commissioner McCann, on behalf of Mayor Hopewell, proclaimed April 24, 2009 “Arbor Day.” 78290

Commissioner Cooney, on behalf of Mayor Hopewell, proclaimed April 20 78291 through 24, 2009 “College Awareness Week.” Dr. Janice Brown, Executive Director of The Kalamazoo Promise, Inc., Ms. Pam Kingery, Executive Director of Kalamazoo Community in Schools, and Ms. Cindy Spiess-Malmstrom, President of American Association of University Women were present to receive the proclamation. The Commission was presented with a bracelet and a book entitled “I Know I Can.”

78292 Commissioner Anderson, on behalf of Mayor Hopewell, proclaimed April 20 – 24, 2009 “National Volunteer Week.” Mr. Terry Kuseske was present to receive the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78293 - authorization for the City Manager to enter into a one-year term contract extension with Lakeshore Energy for an amount not-to- exceed $520,000 for natural gas to be used in selected City facilities, if the pricing is favorable to purchase it on the open market.

Consent Agenda REGULAR MEETING OF APRIL 20, 2009 Page 56 (cont’d) - approval of a contract with Balkema Excavating for sanitary 78294 sewage lift station and force main replacement at Virginia Avenue Pump Station in the amount of $137,200.

78295 - approval of a one-year contract extension with AMPCO System Parking for parking enforcement services outside the central business district in the City of Kalamazoo in the amount of $305,021.

78296 - approval of a professional services contract with LSL Planning, Inc. for an update to the City’s Master Plan, in the amount of $187,500.

78297 - approval of a change order with Peerless-Midwest Inc. in the amount of $95,000 to perform well, pump, and hydrogeological services.

Resolution 09-20 - adoption a RESOLUTION to authorize a one-time contribution of 78298 $15,000 to the Michigan Municipal League’s Legal Defense Fund in support of filing an intervention in Michigan Public Services Commission Case No. U-15645.

Resolution 09-21 - adoption a RESOLUTION approving an amendment to the City of Kalamazoo’s Brownfield Plan [Amended and Restated Brownfield 78299 Plan (Amendment No. 14)] implemented and recommended for approval by the City of Kalamazoo Brownfield Redevelopment Authority following the public hearing before the Brownfield Redevelopment Authority.

78300 - approval of a request from the Kalamazoo Amateur Athletic Federation for permission to apply for special liquor licenses for the following softball tournaments to be held at Versluis/Dickinson Park: the Can Am Festival, May 16-17, 2009 and the Kiracofe Memorial Softball Tournament, July 10-12, 2009.

78301 - approval of a revision to the 2009 Major Street Capital Improvement Program Budget to reflect the addition of $1,565,676 in federal funding provided by the American Recovery and Reinvestment Act, and authorize the City Manager to sign a future MDOT agreement and other documents associated with this funding.

78302 - adoption of the Portage Creek Corridor Reuse Plan as an amendment to the City’s Master Plan.

78303 - approval of the following appointments and reappointments to advisory boards and commissions:

- the reappointment of David Bills to the Community Development Act Advisory Committee for a term expiring on March 31, 2012.

REGULAR MEETING OF APRIL 20, 2009 Page 57 Consent Agenda - the reappointment of Shirley Coleman to the Community (cont’d) Development Act Advisory Committee for a term expiring 78303 on March 31, 2012.

- the reappointment of Charley Coss to the Community Development Act Advisory Committee for a term expiring on March 31, 2012.

- the appointment of Susan Gitre to the Environmental Concerns Committee for a partial term expiring on January 1, 2010.

- the reappointment of Maureen Krause to the Friends of Recreation Board for a term expiring on March 1, 2012.

- the reappointment of Ian Kennedy to the Friends of Recreation Board for a term expiring on March 1, 2012.

- the appointment of Michael Dunn to the Historic Preservation Commission for a term expiring on March 31, 2012.

Commissioner Moore, seconded by Commissioner McCann, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Resolution 09-22 Commissioner Miller, seconded by Commissioner Anderson, moved to Approving the approve a recommendation to adopt a RESOLUTION approving the Transfer of the transfer of the former KDPS Headquarters and former Training Center Former KDPS sites to the City of Kalamazoo Brownfield Redevelopment Authority and Headquarters authorizing the city manager to sign all documents necessary to Site to the effectuate such action. Brownfield Authority With a roll call vote this motion passed unanimously. 78304 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided the following reports and updates: Report - Departmental Reports and Project Updates 78305 - CITYLink newsletter dated February/March 2009 - March Purchasing Report - 2009 Budget First Quarter Report REGULAR MEETING OF APRIL 20, 2009 Page 58 City Manager’s City Manager Collard noted the Community Development Advisory Act Report (cont’d) Committee (CDAAC) would be conducting a Public Hearing on Thursday, 78305 April 30, 2009 to describe and received public comments on substantial amendments to City of Kalamazoo’s FY2008 Annual Action Plan. City Manager Collard explained the hearing was a requirement for stimulus money available through the Department of Housing and Urban Development’s (HUD) Homeless Prevention and Rapid Re-Housing Program and Community Development Block Grant program.

City Manager Collard also provided details regarding the 2009 Budget First Quarter Report. City Manager Collard reported that relative to an incremental budgeting perspective, the 2009 budget was managed and 2010 budget was manageable.

Commissioner Miller expressed her appreciation for the thoroughness of the report and encouraged the administration to hold the course.

Commissioner Cooney stated the report was excellent and appreciated the comparison of the City’s economic situation with the State of Michigan and the United States as a whole.

Commissioner McCann expressed appreciation for the extensive financial review and stated the review was a signal that the City of Kalamazoo refused to participate in the recession. Commissioner McCann stated Kalamazoo was a community of excellence.

Commissioner Moore also thanked City Manager Collard and City Staff for providing a report that could be used to explain the current circumstances to citizens. Commissioner Moore stated the City of Kalamazoo was a model for other communities and that the report was encouraging.

Vice Mayor McKinney expressed appreciation to the City Manager for including legacy costs in the report. Vice Mayor McKinney stated pothole saturation would be a real benefit to the people of Kalamazoo.

Mayor Hopewell praised the work of City Manager Collard and City staff and highlighted the need to continue to talk about the financial landscape over the next two years.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

The following citizens spoke regarding the Homeless Prevention and Rapid Re-Housing Program through the Department of Housing and Urban Development:

Max Conrad, City resident Norman Young, non-City resident Laura Barraclough, City resident Stacey Merrick, City resident Michael Fuller, City resident LoriAnne Tennison, City resident

REGULAR MEETING OF APRIL 20, 2009 Page 59 Citizen Comments Ervin Armstrong, non-City resident, announced his candidacy for the (cont’d) Kalamazoo Public School Board, provided a campaign brochure, and 78306 offered his support for the Metro Transit and Library Renewal millages.

Sheran Pearson, non-resident and Founder and President of Young Black Males Advocates for Justice, indicated there had been improvements in Kalamazoo, but the City’s work was not finished.

Asha Khazad, City resident, expressed opinions on national and international issues as well as the Homeless Prevention and Rapid Re- Housing Program.

Wade Allen, City resident, spoke regarding the Homeless Prevention and Rapid Re-Housing Program through the Department of Housing and Urban Development.

Beth Lewis, City resident, spoke regarding the Homeless Prevention and Rapid Re-Housing Program as well as the new Middle School being constructed in the Arcadia Neighborhood.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: Sisters on the Move; the Kalamazoo Outlaws; the workshop “How to Get a Job with a Criminal Record” to be held on April 30; the May 5, 2009 election and support for the Metro Transit Millage; hiring opportunities for young people thorough Youth Opportunities Unlimited (YOU); Amateur Athletic Union (AAU) tournaments; and summer activities for children.

Commissioner Miller shared her experience meeting Tajikistan leaders and commented on the state of the City of Detroit’s pension plan compared to the City of Kalamazoo’s pension plan.

Commissioner Anderson explained the City was researching the potential opportunities available through HUD and the Homelessness Prevention and Rapid Re-Housing Program (HPRRP), but he warned that the expectations would be very specific and the outcome measures would be very high.

Commissioner Cooney praised College Awareness Week but reminded citizens of the need to reach out to the kids on the street and encourage them to overcome obstacles in preparation for college.

Commissioner McCann encouraged voters to support the Library Renewal and Metro Transit millages at the May 5, 2009 election.

Vice Mayor McKinney noted the CROP Walk would be held on May 3, 2009 and encouraged participation. Vice Mayor McKinney also expressed her support for the Metro Transit & Library Renewal millages.

In response to a question from Vice Mayor McKinney, City Attorney Robinson explained the passage of a City Commission resolution in support of the Metro Transit Millage as a collective opinion could be REGULAR MEETING OF APRIL 20, 2009 Page 60 City Commissioner considered a violation of campaign finance law. The City Attorney also Comments (cont’d) stated that Commissioners could, consistent with their First Amendment rights and the campaign finance act, voice their individual opinions on the matter during a Commission meeting.

Mayor Hopewell encouraged support for the Metro Transit & Library Renewal illages as well as Matt Giraud from American Idol.

In response to a question from Mayor Hopewell, City Manager Collard clarified that the City would be researching the opportunities provided by stimulus funds through the Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid Re-Housing Program (HPRP).

Adjournment The meeting adjourned at 8:50 p.m.

Respectfully submitted,

Virginia M. Vander Roest Deputy City Clerk

For City Commission approval on June 1, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 1, 2009 REGULAR MEETING OF MAY 4, 2009 Page 61 A regular meeting of the Kalamazoo City Commission was held on Monday, May 4, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Barbara Miller Stephanie Moore*

COMMISSIONERS ABSENT: Sean McCann

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioners Commissioner Anderson, seconded by Commissioner Cooney, moved to Excused excuse the absences of Commissioners McCann and Moore.

Invocation The invocation, given by Commissioner Cooney, was followed by the Pledge of Allegiance.

Proclamations Commissioner Miller, on behalf of Mayor Hopewell, proclaimed 78307 May 8, 2009 National Children’s Mental Health Awareness Day. Gisela Lawson, Kalamazoo Wraps Co-Project Director, was present to accept the Proclamation. Materials submitted by Ms. Lawson were filed with the papers for this meeting.

78308 Commissioner Anderson, on behalf of Mayor Hopewell, proclaimed May 9, 2009 National Train Day. Burt Tenbrink and Judith Kay-Chase of the Michigan Association of Railroad Passengers, were present to accept the proclamation.

78309 Commissioner Cooney, on behalf of Mayor Hopewell, proclaimed May, 2009 Peace Education Month. Robert Weir, Wanda Van Dam, and Janice Lakers of the Department of Peace Campaign, were present to accept the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78310 - approval of a contract with Peters Construction Company for the 2009 Local Streets Paving Program in the amount of $555,556.

Resolution 09-24 - adoption of a RESOLUTION to set a public hearing on May 18, 78311 2009 to consider the application from Fabri-Kal Corporation for a PA 198 Industrial Facilities Exemption Certificate for four years REGULAR MEETING OF MAY 4, 2009 Page 62 (with a four-year extension) for personal property valued at $5,755,000 in existing Industrial Development District No. 57 located at 4141 Manchester Road.

Resolution 09-25, - adoption of RESOLUTIONS 1, 2, and 3 for the purpose of 09-26, and 09-27 approving the 2008 Kalamazoo Mall Sidewalk Maintenance 78312 Assessment at a per front foot cost of $14.336; adoption of Resolution 3 schedules a public hearing for June 1, 2009.

Resolution 09-28 - adoption of a Michigan Department of Consumer & Industry 78313 Services, Liquor Control Commission RESOLUTION to transfer ownership of the Resort Class C liquor from Sercor Enterprises. Ltd., to Big Deal’s Sports Bar, LLC and a new entertainment permit and new official permit (Food). Resolution 09-29 - adoption of a RESOLUTION declaring Edwards Street to be 78314 closed and a special event area permitted for the sale and consumption of alcoholic beverages.

Resolution 09-30 - adoption of a RESOLUTION recognizing New Latino Visions as a 78315 non-profit organization operating in the community for the purpose of obtaining a charitable gaming license.

78316 - approval of funding allocations for Program Year 2009 Emergency Shelter Grants and authorize the City Manager to sign all related documents for the program as required by the U.S. Department of Housing and Urban Development and the City of Kalamazoo.

78317 - acceptance of a grant from the Kalamazoo Community Foundation/Dr. and Mrs. Harley Sears Memorial Fund for $1,000 to fund an overnight camping experience for youth.

78318 - approval of a recommendation to hold until May 18, 2009 the adoption of a RESOLUTION authorizing the City Manager to sign all documents necessary to acquire land from the Tabernacle Church of God in Christ for the Virginia Avenue Sanitary Sewage Lift Station Improvements in the amount of $800.00 and authorize the City Manager to sign two associated easement documents in the amount of $1.00 each. HOLD UNTIL MAY 18, 2009

Commissioner Moore, seconded by Vice Mayor McKinney, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided an update on the foul odor that had Report plagued the northeast area of the City since the Fall of 2008. City Manager Collard reported City staff began tracking the dates, times, and locations of the odor in February, and they had pinpointed one source of REGULAR MEETING OF MAY 4, 2009 Page 63 City Manager’s the odor – a sewer junction chamber just south of the Water Report (cont’d) Reclamantion Plant. However, the City was waiting for additional test results, and staff were looking for other potential sources of the odor.

Unfinished Items of unfinished business were considered next. Business City Attorney Robinson reviewed campaign finance laws, case law, and interpretive Statements from the Secretary of State regarding campaign finance laws, and he presented his observations regarding the City Commission’s ability to adopt resolutions or statements in support or opposition.

Statement Commissioner Anderson, seconded by Commissioner Moore, moved to Supporting the adopt the following statement: “The 47th Kalamazoo City Commission Transit and Library adopts a resolution supporting passage of both the transit and library Millages millages on the ballot tomorrow, May 5th. Please vote.”

78319 Prior to vote on the motion, Commissioner Miller stated she did not like the fact that this item was a last minute addition to the agenda.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments When given a final opportunity for comments, the following citizens addressed the City Commission:

Robert Oakleaf, City resident and Deputy Director of Ministry with Community, thanked the City Commission for allocating Emergency Shelter Grant funds to Ministry with Community.

Lisa Densmore, City resident, spoke regarding the 2008 Juneteenth proclamation and asked if the City was planning any events to celebrate this holiday.

Beth Lewis, City resident, spoke regarding the Portage Creek Corridor Plan and requested a list of the shelters that received Emergency Shelter Grant funds.

78320 Norman Young, non-resident and representing Michigan Peoples’ Action (MPA), requested that the City Commission adopt the Housing First Model to address homelessness. Mr. Young submitted a article from the Journal of the American Medical Association entitled, “Healthcare and Public Service Use and Costs Before and After Provision of Housing for Chronically Homeless Persons With Severe Alcohol Problems.”

Charlie Fuentes, non-resident and Vice President of New Latino Visions, thanked the City Commission for adopting a resolution recognizing New Latino Visions as a non-profit organization.

REGULAR MEETING OF MAY 4, 2009 Page 64 Citizen Comments Chris Allman, non-resident, expressed concern about the lack of (cont’d) access to Al Sabo Preserve and stated Public Services Director Bruce Merchant had reduced the access points from three to one.

Asha Khazad, City resident, commented on the topic of homelessness and expressed support for the Housing First Model.

John Musick, City resident and a representative of the Michigan Organizing Project (MOP), announced the creation of a Worker Center to help low-wage workers and asked the City to require more from businesses that received tax abatements. Mr. Musick stated tax abatements did not create jobs and essentially were grants to businesses, and he suggested the City expect a return on these grant funds.

Richard Brightonbaker, City resident, stated he had been convicted of a felony and described the challenges he faced when trying to find employment.

LoriAnne Tennison, City resident, stated employment and housing were human rights, and she questioned why she was not invited to a meeting on April 20th regarding use of federal stimulus funds.

78321 Matthew Pausch, non-resident and a MOP board member, submitted and discussed a document entitled MOP Proposals for Revisions to the Requirements of Employers Who Receive Tax Abatements in the City of Kalamazoo. Mr. Pausch stated other cities had created first source agreements, which targeted disadvantaged individuals for entry-level positions. Mr. Pausch stated the City had the right and responsibility to demand public benefits in consideration of granting tax abatements.

Michael Fuller, City resident, spoke regarding the need to start with people when trying to grow the economy.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore requested continued discussion about tax abatements and the City’s economic development policy. Commissioner Moore offered remarks on the following topics: the Juneteenth celebration; Bob Weir’s work for the Department of Peace Campaign; the recent fire in Texas Township; the Housing First model for addressing homelessness; a recent event at Mt. Zion Baptist Church on the church’s response to violence; College Awareness Week; the MOP Dream Pact regarding immigration reform; the success of the recent workshop entitled, “How to Get a Job with a Criminal Record”; and the upcoming workshop entitled, “Getting a Job in the Healthcare Profession.” Commissioner Moore urged citizens to vote on May 5th.

Commissioner Miller congratulated former City Commissioner Bob Straits for receiving the Irving S. Gilmore Lifetime Achievement Award and former City Commissioner Al Heilman for receiving the Helen Coover Award. REGULAR MEETING OF MAY 4, 2009 Page 65 City Commissioner Commissioner Cooney expressed condolences to the family of victims of Comments (cont’d) a recent fire in Texas Township; thanked the MOP representatives for presenting their ideas; thanked Commissioner Moore for her work with ex-felons; and encouraged citizens to vote “yes’’ on the Kalamazoo Public Library and Kalamazoo County transportation millage questions.

Vice Mayor McKinney urged citizens to support the Kalamazoo County transportation millage on May 5th.

Mayor Hopewell encouraged citizens to vote on May 5th and to support the Kalamazoo County transportation millage.

Closed Session to At 8:16 p.m. Commissioner Miller, seconded by Vice Mayor McKinney, Discuss Pending moved that the City Commission go into closed session to discuss Litigation pending litigation. 78322 With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

The City Commission went into closed session at 8:16 p.m. The business meeting resumed at 8:22 p.m.

Settlement of the Commissioner Moore, seconded by Commissioner Cooney, moved to Lawsuit Goldman v accept the settlement of the lawsuit Michael Goldman v City of City of Kalamazoo Kalamazoo, Kalamazoo Department of Public Safety, and Derek Nugent in the amount of $175,000. 78323

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Adjournment The meeting adjourned at 8:23 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 29, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 29, 2009 COMMITTEE OF THE WHOLE, MAY 15, 2009 Page 66 The Kalamazoo City Commission met as a Committee of the Whole on Friday, May 15, 2009 at 7:30 a.m. in the Community Room at City Hall, 241 W. South Street.

COMMISSIONERS PRESENT: Mayor Bobby Hopewell Roll Call David Anderson Don Cooney* Sean McCann Barbara Miller Stephanie Moore**

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner Anderson, moved to Excused excuse the absences of Vice Mayor McKinney and Commissioners Cooney, and Moore. Review of the May th The City Commission reviewed and discussed the agendas for its 18 Meeting Regular Neighborhood and Business Meetings on Monday, May 15, Agendas 2009. 78324 City Manager Collard indicated Linda Teeter, Chair of the Kalamazoo County Transportation Authority, wanted to address the Commission at the beginning of the meeting regarding the countywide transportation millage.

*Commissioner Cooney arrived at 7:36 a.m.

Item F-4 In response to a question from Commissioner Anderson, Community Planning and Development Director Jeff Chamberlain stated he did not know if The Rickman House had submitted their state tax credit application, and the 2.5% PILOT was negotiated from Rickman’s current 0% PILOT. In response to a question from City Manager Collard, Director Chamberlain explained the granting of a PILOT was virtually necessary in order for The Rickman House to be competitive for a low-income housing state tax credit.

**Commissioner Moore arrived at 7:39 a.m.

Discussion followed regarding the possibility of having someone from the Rickman House give a presentation at the May 18th Business Meeting. This suggestion died for lack of support.

Item F-10 Mayor Hopewell provided background information on the Sustainability Covenant.

Item F-11 City Manager Collard and Bruce Merchant provided background information and details on the revised agreement and payment from Pfizer.

COMMITTEE OF THE WHOLE, MAY 15, 2009 Page 67 Review of the May th Item F-12 18 Meeting Director Chamberlain reported on the Neighborhood Stabilization Agendas Program funds and stated the City should have money to spend at the 78324 beginning of June. Director Chamberlain indicated the funds would be used for demolition of blighted housing, down payment assistance, and the purchase and rehabilitation of foreclosed properties.

In response to a question from Commissioner Moore, Director Chamberlain stated the City was not allowed to use Neighborhood Stabilization Program funds for foreclosure prevention.

In response to a question from Commissioner Anderson, Director Chamberlain indicated he was hiring an additional development manager, shifting responsibilities among current staff, and evaluating the need for contractual and temporary employees in order to handle the administration of these funds and the corresponding reporting requirements.

At the request of Commissioner Moore, the Committee of the Whole moved this item to the Regular Agenda.

Item F-16 City Manager Collard requested that a Fireworks Display Permit for the Kalamazoo Kings be added to the agenda as Item F-16. There were no objections to this request.

Items G-2 and G-3 Director Chamberlain and Housing Inspection Manager Debra Miller summarized proposed changes to the Housing Code and proposed resolutions regarding housing inspections for residential cooperatives, condemnations, rooming house requirements, qualified local agents, administrative rules for housing inspections, and the length of compliance certificates.

In response to a question from Mayor Hopewell, Director Chamberlain stated the proposed ordinance and resolutions did not address concerns from Vine Neighborhood representatives about “slap on the hand” punishments for landlords and properties with recurring code violations.

Ms. Miller reported the City had experienced more success enforcing code compliance through the courts than by issuing fines.

Citizen Comments Finally, an opportunity was given for citizen comments, but no comments were offered.

Adjournment The meeting adjourned at 8:24 a.m.

Respectfully submitted,

Scott A. Borling City Clerk

COMMITTEE OF THE WHOLE, MAY 15, 2009 Page 68 For City Commission approval on June 29, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 29, 2009 NEIGHBORHOOD MEETING OF MAY 18, 2009 Page 69 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, May 18, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney* Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Sean McCann

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner Anderson moved to Excused excuse the absences of Commissioners Cooney and McCann. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Downtown Citizens’ Advisory Council Ken Dettloff, Chair

Edison Neighborhood Association David Kinsey, Board Chair

Parker/Duke Neighborhood Association Charles Heller, President

Downtown The Downtown Citizens’ Advisory Council representative: Citizens’ Advisory Council - reported the Council’s focus in 2008 was the development of a recycling program for downtown residents, especially those in buildings with four units or less.

- reported the Council’s agenda for 2009 was the creation of a community garden and a compost center for downtown restaurants. Mr. Dettloff stated criteria for the community garden included the following: it must serve a community need; it must be located at a gathering place; it must be achievable by the end of the year.

*Commissioner Cooney arrived at 6:04 p.m.

- stated the Council would host a representative from Fair Food Matters at its May 19th meeting.

- indicated Council members were excited about being part of the Council. NEIGHBORHOOD MEETING OF MAY 18, 2009 Page 70 Downtown In response to a question from Commissioner Anderson, Mr. Dettloff Citizens’ Advisory stated people had started looking for potential community garden sites, Council (cont’d) and he anticipated a Spring 2010 date for selection of the site and creation of the garden.

In response to a question from Mayor Hopewell, Mr. Dettloff stated rooftop locations were not being considered at this time.

In response to a question from Commissioner Anderson, Mr. Dettloff estimated there were 150-200 residents in the Downtown area and reported a 2% vacancy rate for residential property.

Edison The Edison Neighborhood Association representative: Neighborhood Association - reported the consultant working with the Neighborhood on the Connecting the Dots project had identified the Portage Streetscape Project as the most viable development project for the Neighborhood and the project that would have the most impact. Mr. Kinsey expressed hope that the City would receive federal stimulus dollars for this project. Mr. Kinsey noted other potential projects included the Market Place Plat development and the development of the former Déjà Vu site.

- expressed excitement about the Portage Street Corridor Reuse Plan.

- expressed concern about the proposed route for the Kalamazoo River Valley Trailway near the Cork Street landfill and requested that the route remain within green space on not go onto Burdick Street.

- stated the Association was working to develop a home ownership program for Neighborhood residents.

In response to a question from Commissioner Anderson, Mr. Kinsey stated he was disappointed the Kalamazoo Gazette featured the Neighborhood in a recent story on breaking-and-entering crimes. Mr. Kinsey indicated Public Safety Officers reported on crime statistics during monthly Neighborhood meetings.

In response to a question from Commissioner Cooney, Mr. Kinsey stated the Neighborhood Association Board of Directors was disappointed that youth employees were not allowed to perform jobs other than menial tasks, like picking-up trash.

Mayor Hopewell suggested Mr. Kinsey talk with Bronson Hospital and other employers about shadowing/mentoring opportunities for Neighborhood young people.

Vice Mayor McKinney expressed concern that the Neighborhood was relying on federal stimulus dollars for the Portage Streetscape Project, when those dollars might be limited. NEIGHBORHOOD MEETING OF MAY 18, 2009 Page 71 Parker/Duke The Parker/Duke Neighborhood Association representative: Neighborhood Association - reported breaking-and-entering crimes had decreased.

- reported a low number of foreclosures and homes for sale in the Neighborhood.

- expressed support for the repaving of Bronson Boulevard north of Kilgore Road and portions of Duke Street between Denway Drive and Kilgore.

- noted the Association had experienced a depletion of leadership as the result of people moving out of the Neighborhood.

Citizen Comments When an opportunity was given for citizen comments, the following people addressed the City Commission:

Ken Dettloff, City resident, expressed support for the Downtown Comprehensive Plan that would be considered at the 7:00 Business Meeting.

Bill Hunt, City resident, suggested Metro Transit decrease the price of the senior and handicapped SmartPass in light of the passage of the transportation millage on May 5th.

Adjournment The meeting adjourned at 6:27 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on June 29, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: June 29, 2009 REGULAR MEETING OF MAY 18, 2009 Page 72 A regular meeting of the Kalamazoo City Commission was held on Monday, May 18, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Pastor Valerie Cunningham, Greater Faith Ministries, was followed by the Pledge of Allegiance.

Introduction of Mr. Greg Rosine, Vice Chair of the Kalamazoo County Transportation Guests Authority, thanked City Commissioners and City staff for their support of th 78325 the countywide transportation millage passed by voters on May 5 . Mr. Rosine distributed a document entitled KCTA…Visioning for the Future.

Proclamation Mayor Hopewell proclaimed May 2009 “National Preservation Month.” Peter Carroll, Vice Chair of the Historic Preservation Commission, 78326 received the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

City Clerk Borling requested that a resolution revising the dates and times of the closure of Edwards Street for Sky Bar, Inc. be added to the Consent Agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:13 p.m. Mayor Hopewell opened a public hearing regarding a a Tax Abatement recommendation to adopt a RESOLUTION to approve the application for Fabri-Kal, Inc. from Fabri-Kal Corporation for a PA 198 Industrial Facilities Exemption in IDD No. 57 Certificate for four years (with a four-year extension) for personal property 78327 valued at $5,755,000 in existing Industrial Development District No. 57 located at 4141 Manchester Road.

Gary Galia, non-resident and Executive VP/CFO for Fabri-Kal Corporation, spoke in support of the proposed resolution and indicated this was the first of several tax abatement requests Fabri-Kal would submit to the City. Mr. Galia presented the City Commission with “Greenware” disposable drinking cups that had been made on the new production line.

REGULAR MEETING OF MAY 18, 2009 Page 73 In response to a question from Commissioner Cooney, Mr. Galia explained that “Greenware” was made from biodegradable corn starch and would return to its natural state after 50-60 days in a composting center.

At 7:19 p.m. Mayor Hopewell closed the public hearing.

Resolution 09-31 Commissioner McCann, seconded by Commissioner Miller, moved to Approving a Tax adopt a RESOLUTION to approve the application from Fabri-Kal Abatement for Corporation for a PA 198 Industrial Facilities Exemption Certificate for Fabri-Kal, Inc. in four years (with a four-year extension) for personal property valued at IDD No. 57 $5,755,000 in existing Industrial Development District No. 57 located at 78327 4141 Manchester Road.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78328 - approval of a six-month contract extension to purchase powdered activated carbon from Calgon Carbon Corporation in the amount of $821,304.

78329 - approval of an agreement with the Michigan Department of Transportation for the resurfacing of Lovell Street from Michigan Avenue to Rose Street and Bronson Boulevard from Kilgore Road to Alta Vista Avenue, in which the City receives $901,000 in Federal Surface Transportation Funds, including approving a purchase order in the amount of $301,700 to cover the City's share of the project.

Resolution 09-32 - adoption of a RESOLUTION authorizing the issuance of Capital Improvement Bonds in an amount not to exceed $4,585,000. 78330 Resolution 09-33 - adoption of a RESOLUTION granting a Payment in Lieu of Taxes to Housing Resources, Inc. and its affiliate, the Rickman House 78331 Preservation Limited Dividend Housing Association Limited Partnership for a 49-unit affordable housing rehabilitation project located at 345 N. Burdick Street, pursuant to Section 35-4 of the Kalamazoo City Code.

Resolution 09-34 - adoption of a RESOLUTION authorizing the City Manager to sign a MERS Health Care Savings Program Participation Agreement 78332 and to authorize the City Manager to execute any and all other documents pertaining to the plan.

REGULAR MEETING OF MAY 18, 2009 Page 74

Resolution 09-35 - adoption of a Michigan Department of Consumer & Industry Services, Liquor Control Commission RESOLUTION to transfer 78333 ownership of a Class C liquor license from LeMonde Bistro, LLC. to JJ McKenna, LLC and a new entertainment permit and official permit (food).

Resolution 09-36 - adoption of a RESOLUTION approving the use and location of an 78334 outdoor café for The Wine Loft along East Michigan Avenue, approving an amendment to the Grant of License for Encroachment upon Public Alley and authorizing the City Manager to sign the amendment.

Resolution 09-37 - adoption of a RESOLUTION authorizing the City Manager to sign 78335 all documents necessary to acquire land from the Tabernacle Church of God in Christ for the Virginia Avenue Sanitary Sewage Lift Station Improvements in the amount of $800.00 and authorize the City Manager to sign two associated easement documents in the amount of $1.00 each.

Resolution 09-38 - adoption of a RESOLUTION to: a) approve the proposed loan to 78336 the Kalamazoo Municipal Golf Association; b) waive the general EOF guidelines; and, c) authorize the transfer of $225,000 from the Economic Initiative Fund to the Economic Opportunity Fund to expand and improve the clubhouse at the Eastern Hills municipal golf course and to purchase a Class C liquor license.

Resolution 09-39 - adoption of a RESOLUTION that acknowledges and encourages 78337 the City’s involvement in the Southwest Michigan Sustainability Regional Covenant and authorizes the Mayor to sign the Covenant on behalf of the City of Kalamazoo.

78338 - approval of the following actions related to the 1986 Amended Wastewater Service Agreement with the Upjohn Company:

- acceptance of three installment payments for a total amount not to exceed $4,856,000 from Pharmacia Upjohn Company, L.L.C. a subsidiary of Pfizer, Inc. as full and complete payment of their obligations under the 1986 Amended Wastewater Service Agreement with the Upjohn Company; and

- approval of the Wastewater Service Agreement Amendment revision which outlines the specific payment schedule of the $4,856,000 from Pharmacia & Upjohn Company L.L.C. and provides for future wastewater services per the amended revision.

78339 - approval of a Service Agreement between the Kalamazoo County Transportation Authority, the City of Kalamazoo, and the Kalamazoo Transit Authority Board for CY2009.

REGULAR MEETING OF MAY 18, 2009 Page 75 Consent Agenda - authorization for the City Manager to execute an Easement (cont’d) Agreement with National Railroad Passenger Corporation 78340 (“Amtrak”) to allow the City to discharge water onto the railroad’s property.

78341 - authorization for the City Manager to sign a proposed Temporary Access Agreement granting Delta Consultants, Inc. temporary access to perform environmental testing on the city’s right-of-way.

78342 - approval of a request from the Kalamazoo Kings to publicly display fireworks at Mayors’ Riverfront Park on the following dates for the 2009 baseball season: May 22, June 5, June 19, July 4, July 10, July 31, and August 14.

Resolution 09-40 - adoption of a RESOLUTION that rescinds Resolution 09-29 and declares Edwards Street to be closed and a special event area 78343 permitted for the sale and consumption of alcoholic beverages.

Commissioner Moore, seconded by Commissioner Anderson, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Acceptance of Commissioner Moore, seconded by Vice Mayor McKinney, moved to Neighborhood accept a grant from the Michigan State Housing Development Authority in Stabilization Grant the amount of $770,000 for a Neighborhood Stabilization Program, and 78344 authorize the City Manager to sign and submit all appropriate documents required by MSHDA and execute all contracts with subrecipients of funding received under this program.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Adoption of the Keith Hernandez, City Planner and Deputy Director of the Community Downtown Planning and Development Department, provided and overview of the Comprehensive process used to develop the Downtown Comprehensive Plan. Plan Ken Nacci, Executive Director of Downtown Kalamazoo Incorporated, 78345 presented highlights of the Downtown Comprehensive Plan and thanked City staff and volunteers for their work on the Plan.

Commissioner Cooney thanked Mr. Nacci for designing an open process for developing the Downtown Plan. REGULAR MEETING OF MAY 18, 2009 Page 76 Adoption of the In response to a question from Vice Mayor McKinney, Mr. Nacci Downtown described elements of the Five-Year Parking Plan, which would Comprehensive commence in 2010. Plan (cont’d) Commissioner McCann, seconded by Commissioner Miller, moved to 78345 adopt the Downtown Comprehensive Plan as an amendment to the city’s Master Plan and to direct the Downtown Development Authority to undertake the necessary feasibility studies and fundraising to implement the recommendations of the plan.

Prior to a vote on the motion, Commissioner Miller thanked City staff, DKI staff and volunteers for their work on the Plan.

Vice Mayor McKinney noted this plan was a natural extension of the 1996 Downtown Plan and stated the success of the Plan would depend on the dedication of people to see through the implementation of the Plan over time. Vice Mayor McKinney expressed frustration that the completion of the planning process was occurring when Michigan was entering a challenging period for public finance, and she urged the stakeholders involved to be patient over the next few years as it would be difficult to fund implementation of the plan in the near term.

Mayor Hopewell thanked volunteers for their work on the Plan and for their work to make Downtown the vibrant place.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

78346 Commissioner Moore, seconded by Commissioner Anderson, moved to take the following actions regarding the Housing Code Ordinance 1852 Amending - adopt an ORDINANCE amending sections of Chapter 17, Housing Sections of the Code for necessary changes to the building code and other Housing Code initiatives related to residential cooperatives and certificate length.

Resolution 09-41 - adopt a RESOLUTION repealing Resolution No. 02-115 and re: Qualifications replacing it with a new resolution regarding the qualifications of of Registered Registered Agents of rental property within the city of Kalamazoo; Local Agents and

Resolution 09-42 - adopt a RESOLUTION repealing Resolution No. 04-10 and re: Administrative replacing it with a new resolution and new Administrative Rules Rules for Housing regarding the length of a Certificate of Compliance for rental Inspections property and specifications for inspections for residential cooperatives.

With a roll call vote this motion passed.

REGULAR MEETING OF MAY 18, 2009 Page 77 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manger’s City Manager Collard reported the following items: Report

78347 - Departmental Reports and Project Updates - CITYLink Newsletter dated April, 2009 - Kalamazoo Communities in Schools Newsletter dated May, 2009 - 1st Quarter, 2009 Employment Activity Report - April, 2009 Purchasing Report

Citizen Comments When given a final opportunity for citizen comments, the following citizens addressed the City Commission:

Rex Bruggemann, City resident, spoke in support of a bike path that was in the site plan for the new Arboretum Parkway through the Arcadia Neighborhood. Mr. Bruggemann requested a status report on the construction of the bike path and urged the City be diligent in the design and construction of the path.

Frank Warner, City resident, invited City Commissioners to Memorial Day services at Fort Custer National Cemetery on Sunday, May 24th. Mr. Warner also commented on the Eastwood Recovery House and parking problems on Lynn Avenue near Paramount Charter Academy.

Olivia McFadden, City resident, expressed concern about the condition of a vacant building at the corner of North Pitcher and East Frank Streets.

78348 Lisa Densmore, City resident, requested support for a proposed Juneteeth commemoration event. Correspondence submitted by Ms. Densmore was filed with the papers for this meeting.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered comments on the following topics: the beginning of the seasons for the Kalamazoo Outlaws and Kalamazoo Kings; Rev. Addis Moore’s 14 years of service at Mt. Zion Baptist Church; a youth development funding opportunity from the United Way for organizations working with young girls; an upcoming NAACP meeting at the Family Health Center; youth employment opportunities with Youth Opportunities Unlimited and local neighborhood associations; an upcoming workshop on “How to Get a Job in the Healthcare Industry”; the Michigan Works! host site at the offices of the Northside Association for Community Development; the 3rd Annual Mothers of Hope Ultimate Family Reunion; and the Memorial Day holiday.

Commissioner Miller announced the 13th Annual Friends of Recreation Golf Classic would take place on July 17th at Eastern Hills Golf Course.

REGULAR MEETING OF MAY 18, 2009 Page 78 City Commissioner Commissioner Anderson highlighted the following items that were on this Comments (cont’d) meeting’s agenda: the issuance of Capital Improvement Project Bonds; the acceptance of Neighborhood Stabilization Grant funds; and the portion of the City Manager’s report regarding the number and value of building permits issued through April.

Commissioner Cooney thanked Chief Hadley for organizing a forum on the public health model for preventing youth violence, and he urged the community to develop a public health plan for young people.

Vice Mayor McKinney remarked on recent planning efforts by the Edison Neighborhood Association and the Downtown Development Authority but expressed concern that a disconnect between peoples’ expectations for project funding and the actual availability of funds to implement these plans would turn to anger and frustration. Vice Mayor McKinney urged community stakeholders to not turn on each other but to realize the existence of unfunded projects was due to the lack of funds rather than a choice to withhold funding.

Mayor Hopewell stated the City needed to be the guardian of relationships between community stakeholders during these difficult economic times. Mayor Hopewell congratulated Second Baptist Church on its 155th anniversary and St. Monica’s School on its 50th anniversary. Mayor Hopewell thanked the City Commission for approving the Southwest Michigan Regional Sustainability Covenant and noted there would be a signing ceremony on Wednesday, May 20th. Mayor Hopewell encouraged citizens to celebrate Memorial Day and wished Public Safety Chief Jeff Hadley “happy birthday.”

Adjournment The meeting adjourned at 8:17 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on July 6, 2009

Approved by: ______Sean McCann, Mayor Pro-Tem Dated: July 6, 2009 REGULAR MEETING OF JUNE 1, 2009 Page 79 A regular meeting of the Kalamazoo City Commission was held on Monday, June 1, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Pastor Bobette Hampton, Fresh Fire African Methodist Episcopal Church, was followed by the Pledge of Allegiance.

Introduction of City Manager Collard introduced Tony Wright, newly elected President of Guests the Kalamazoo Municipal Employees’ Association (KMEA). Mr. Wright introduced the KMEA officers and board of directors.

Proclamation Commissioner Cooney, on behalf of Mayor Hopewell, read a th 78349 proclamation Celebrating the 17 Year Anniversary of Metropolitan Kalamazoo ACT-SO Program. Noah Kramer was present to receive the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:10 p.m. Mayor Hopewell opened a public hearing regarding a The Kalamazoo recommendation to adopt RESOLUTION #4 approving the 2008 Mall Maintenance Kalamazoo Mall Sidewalk Maintenance Assessment at a per front foot Assessment cost of $14.336. 78350 At 7:11 p.m. Mayor Hopewell closed the public hearing.

Resolution 09-43 Commissioner McCann, seconded by Commissioner Miller, moved to Approving the adopt to adopt RESOLUTION #4 approving the 2008 Kalamazoo Mall 2008 Kalamazoo Sidewalk Maintenance Assessment at a per front foot cost of $14.336. Mall Maintenance Assessment With a roll call vote this motion passed. 78350 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

REGULAR MEETING OF JUNE 1, 2009 Page 80 Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

Resolution 09-44 - adoption of a Michigan Department of Consumer & Industry 78351 Services, Liquor Control Commission RESOLUTION to transfer a Class C-SDM License at the business located at 1332 West Michigan Avenue (University Road House) to a new building at the same location with the same address.

Resolution 09-45 - adopt a RESOLUTION to accept an education grant from the Michigan State Historic Preservation Office Certified Local 78352 Governments Grant Program in the amount of $35,171 to be used to plan and implement a Window Rehabilitation Training Workshop in July 2009 and to authorize the City Manager to sign all documents on behalf of the City of Kalamazoo.

78353 - first reading of an ORDINANCE to rezone 214 and 230 S. Sage Street from Zone CO (Commercial, Office District) to Zone RM-24 (Residential, Multi-Dwelling District) under the contract zoning provision of the State of Michigan; and, schedule a public hearing for June 15, 2009.

78354 - authorization for the City Manager to sign a proposed Temporary Access Agreement granting Groundwater and Environmental Services, Inc., on behalf of ExxonMobil Oil Corporation, temporary access to perform environmental testing activities on the city’s right-of-way.

78355 - acceptance of a grant from the Mayors’ Riverfront Endowment Fund for $20,000 to help fund the general operations at Mayors’ Riverfront Park.

78356 - acceptance of donations to help fund the Milham Park/Blanche Hull Master Plan capital improvement project from: a) the Friends of Recreation for $7,520; b) John and Carol Booden for $200; c) Donald VanderKooy for $100; and d) Donald C. Meitz for $25 and to increase the project budget in this amount for a total budget of $27,845.

78357 - approval of the minutes from the following City Commission Meetings: the Neighborhood Meetings on March 16 and April 20, 2009; the Special Meeting on March 27, 2009; and the Business Meetings on March 2, March 16, April 6, and April 20, 2009.

Commissioner Moore, seconded by Commissioner Anderson, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None REGULAR MEETING OF JUNE 1, 2009 Page 81 City Clerk’s Report City Clerk Borling reported the following items:

78358 - The following lawsuits had been received and referred to the City Attorney’s Office:

- G.R.I.N., L.L.C. v City of Kalamazoo

- Lester Moore, pro per v City of Kalamazoo and Kalamazoo County

- The City Commission has received as informational minutes of the following advisory boards and commissions:

Community Development Act Advisory Committee - Thursday, February 12, 2009 - Thursday, March 12, 2009 - Thursday, April 02, 2009 Thursday, April 30, 2009

Community Relations Board - Thursday, February 12, 2009

Dangerous Buildings Board - Thursday, February 05, 2009 - Thursday, March 05, 2009

Employee Retirement System Board of Trustees - Wednesday, February 25, 2009

Environmental Concerns Committee - Wednesday, February 18, 2009 - Wednesday, March 18, 2009 - Wednesday, April 15, 2009

Friends of Recreation Board - Monday, January 19, 2009 - Monday, February 16, 2009 - Thursday, March 12, 2009

Kalamazoo Historic District Commission - Tuesday, February 17, 2009 - Tuesday, March 17, 2009

Kalamazoo Historic Preservation Commission - Tuesday, January 13, 2009 - Tuesday, February 10, 2009 - Tuesday, April 14, 2009

Kalamazoo Municipal Golf Association - Tuesday, February 17, 2009 - Thursday, March 12, 2009

Kalamazoo Transit Authority Board - Friday, January 09, 2009 REGULAR MEETING OF JUNE 1, 2009 Page 82 City Clerk’s Report - Friday, February 06, 2009 (cont’d) - Friday, March 27, 2009 78358 Parks and Recreation Advisory Board - Tuesday, February 03, 2009 - Tuesday, March 03, 2009 - Tuesday, April 07, 2009 - Tuesday, May 05, 2009

Planning Commission - Thursday, February 05, 2009 - Thursday, March 05, 2009 Thursday, April 02, 2009

Zoning Board of Appeals - Thursday, February 12, 2009 - Thursday, March 12, 2009

- The City Commission had received as informational, 2008 Annual Reports from the following advisory boards and commissions:

- The Civil Service Board - The Community Development Act Advisory Committee - The Community Relations Board - The Downtown Development Authority - The Environmental Concerns Committee - The Friends of Recreation Board - The Historic District Commission - The Historic Preservation Commission - The Investment Committee of the Retirement System - The Parks and Recreation Advisory Board - The Pension Board - The Zoning Board of Appeals

- The following Special Event requests were approved in the month of May:

- a request from the Kalamazoo Gay Lesbian Resource Center & WMU's Office of Lesbian, Bisexual, Gay & Transgender Students to use Milham Park on May 9, 2009 from 3:00 - 7:00 p.m. for the Kalamazoo Pride Dog Show.

- a request from the Kalamazoo Public Library to use Bronson Park on May 27, 2009 from 8:00 a.m. to 12:00 p.m. for the Party in the Park reading event.

- a request from Kalamazoo Institute of Arts to use Bronson Park and City Streets from June 5, 2009 at 8:00 a.m. to June 6, 2009 at 5:00 p.m. for the Kia Art Fair.

- a request from the Fraternal Order of Police to use Bronson Park on June 12, 2009 from 11:30 a.m. to 1:30 p.m. for a Fallen Officers Memorial Service.

REGULAR MEETING OF JUNE 1, 2009 Page 83 City Clerk’s Report - a request from Galilee Baptist Church to use LaCrone Park (cont’d) on July 23, 2009 from 2:00 to 10:00 p.m. for a Family 78358 Vacation Bible School Celebration Night.

- a request from the West Main Hill Neighborhood Association to use Henderson Park and City Streets on August 11, 2009 from 12:00 to 9:30 p.m. for the West Main Hill/USTA Picnic.

- a request from the American Foundation for Suicide Prevention to use Bronson Park and City sidewalks on September 12, 2009 from 10:00 a.m. to 3:00 p.m. for the 2009 Out Of The Darkness Community Walk.

- a request from The Alzheimer's Association, Michigan Great Lakes Chapter, to use Bronson Park and City sidewalks on September 19, 2009 from 8:00 to 11:00 a.m. for the annual Memory Walk.

- a request from Gazelle Sports to use Milham Park on September 26, 2009 from 6:00 a.m. to 8:00 p.m. for the 2009 Metro Trek event.

- a request from The Children's Hospital at Bronson to use City sidewalks on October 4, 2009 from 1:00 to 3:00 p.m. for the Walk Across Kalamazoo fundraising event.

Citizen Comments When given a final opportunity for comments, the following citizens addressed the City Commission:

78359 Monica Westover, non-resident, spoke regarding allegations of wrongdoing by current and past City and County officials. Documents submitted by Ms. Westover were filed with the papers for this meeting.

Fred Lawrence, City resident, spoke about general economic conditions, the movement of production facilities to other countries, executive compensation, capitalism, pension systems, and the proposed construction of an arena in downtown Kalamazoo.

Dustin Harback, non-resident, expressed support for the construction of an arena in downtown Kalamazoo.

Derek Byrd, City resident, spoke regarding festivals that were being organized by Sky Productions. Mr. Byrd stated the festivals were scheduled to be held during the summer at 417 Forest Street.

78360 Nicholas Clarkson, City resident, described the festivals being organized by Sky Productions and Sky Festivals. Mr. Clarkson distributed information regarding a zoning variance necessary for these festivals to be held at 417 Forest Street.

REGULAR MEETING OF JUNE 1, 2009 Page 84 Citizen Comments Mark Cornell, non-resident, asked the City Commission to assist (cont’d) his employer.

Caldin Street, City resident, expressed concern about the closing of the Felpausch grocery store and the large number of blighted properties in the community.

Eddie Anderson, City resident, spoke regarding the summer music festivals being organized by Sky Productions.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore suggested the City Commission adopt a resolution of support for the location of a grocery store in the Northside Neighborhood, and she expressed support for the festivals being organized by Sky Productions. Commissioner Moore also congratulated the 2009 high school graduates.

Commissioner Cooney thanked the representatives from Sky Productions for their efforts to help young people and enhance the Vine Neighborhood. Commissioner Cooney spoke about the economy and the need for business leaders to focus on social and environmental sustainability, and not just the financial health of their businesses.

Mayor Hopewell reported he and the City Manager had met with the leadership of the Northside Association for Community Development about a grocery store in the Northside Neighborhood, and he had met with representatives from Sky Productions. Mayor Hopewell also reported he had participated in a conference call with the White House regarding health care.

Adjournment The meeting adjourned at 7:51 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on July 6, 2009

Approved by: ______Sean McCann, Mayor Pro-Tem Dated: July 6, 2009 NEIGHBORHOOD MEETING OF JUNE 15, 2009 Page 85 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, June 15, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore*

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Cooney, moved to Excused excuse the absence of Commissioner Moore. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Homecrest Neighborhood Association Dick DeVisser, Chair Joel Schoonbeck, Resident

Stuart Area Restoration Association Jean Harden, President Matthew Baldwin-Wilson, Executive Director

*Commissioner Moore arrived at 6:03 p.m.

Homecrest The Homecrest Neighborhood Association representatives: Neighborhood Association - expressed concern about the potential use of the former paper mill property behind the Neighborhood as an effective staging area for accessing residents’ properties. Mr. DeVisser reported hearing gunshots from this area from time to time.

- stated they monitored safety issues in the Edison Neighborhood.

- reported Homecrest Avenue was badly deteriorated near the circle at the bottom of the hill and requested that this street be milled and resurfaced.

- expressed concern about a patched area of Homecrest Avenue that had sunk three to four inches since wintertime.

- thanked the City for its quick response on pothole repair.

NEIGHBORHOOD MEETING OF JUNE 15, 2009 Page 86 Homecrest - discussed concerns about the former Allied Paper Site and Neighborhood leakage of the PCB containment system. Association (cont’d) - requested that Environmental Services Supervisor Mike Wetzel send water testing reports for a spring that flowed from a resident’s property into the Bryant Mill Pond.

Commissioner Cooney asked that Mr. DeVisser’s concerns be addressed.

Commissioner McCann remarked on the former site of Mr. Wonderful.

Stuart Area The Stuart Area Restoration Association representatives: Restoration Association - distributed the June 2009 Historic Stuart Neighborhood 78361 newsletter.

- reported home foreclosure rates in the Neighborhood were lower than in other neighborhoods.

- reported the Association was working closely with the Local Initiatives Support Corporation (LISC) and the City on a plan to redevelop the J. Rhodes Building. Mr. Baldwin-Wilson stated this plan would dovetail with the Douglas Avenue Corridor Plan.

- stated volunteer would planting flowers on neighborhood street corners within the next week.

- noted the Association Board had created a Preservation Committee, which would create a neighborhood archive and a plan for at-risk homes.

- stated the Preservation Committee would be creating a plan for at- risk homes.

- indicated the Association also had committees for advocacy, safety, beautification, and board development.

- stated larceny crimes were increasing in the Neighborhood.

- reported the Association was reorganizing the Neighborhood Watch program into a Block Watch.

- expressed appreciation for Neighborhood Liaison Officer Greg Magnan and requested an increase in Public Safety patrols.

- presented the City Commission with a collage print entitled “The Fences of Kalamazoo.”

- expressed excitement about new board members.

Commissioner Anderson commented on the fences collage and expressed excitement about young families moving into the Neighborhood.

NEIGHBORHOOD MEETING OF JUNE 15, 2009 Page 87 In response to a question from Commissioner Moore, Mr. Baldwin-Wilson stated Dacia’s was located in the Fairmont Neighborhood, but the Stuart Neighborhood did realize some negative effects from this area.

Citizen Comments When an opportunity was given for citizen comments, the following people addressed the City Commission:

Asha Khazad, City resident, described a trash problem near the Family Dollar Store on Portage Street across the street from the Washington Square Co-op Apartments.

Cathy Schultz, City resident, reported she had experienced two break-ins in 2009. Ms. Schultz expressed support for the Stuart Neighborhood but stated she needed to “see something happen” relative to her family’s safety.

Adjournment The meeting adjourned at 6:37 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on July 20, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: July 20, 2009 REGULAR MEETING OF JUNE 15, 2009 Page 88 A regular meeting of the Kalamazoo City Commission was held on Monday, June 15, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Reverend Debbie Eisenbise, Skyridge Church of the Brethren, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of Kalamazoo County Guests Treasurer Mary Balkema and Kalamazoo County Commissioner John Zull.

Tom Skrobola, Management Services Department Director, presented the Certificate of Achievement for Excellence in Financial Reporting Award and the Excellence in Budgeting Award from the Government Finance Officers’ Association to Patsy Moore, Deputy Director of Management Services / Comptroller.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

78362 Mayor Hopewell noted Item F-1 (Metro Van contract extension) would be removed from the agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:10 p.m., Mayor Hopewell opened a public hearing to receive public an Ordinance comments regarding an ORDINANCE to rezone 214 and 230 South Sage Rezoning 214 and Street from Zone CO (Commercial, Office District) to Zone RM-24 230 S. Sage St. (Residential, Multi-Dwelling District) under the contract zoning provision of 78363 the State of Michigan.

Piran Mohazzabi, 4529 Stonebrook, expressed support for the proposed senior citizen apartment building at this site, but he expressed concern that the contractual conditions of the rezoning would be changed in the future to allow the construction of student apartments. Mr. Mohazzabi also expressed concern about traffic patterns in the area and requested a comprehensive traffic study.

At 7:13 p.m. Mayor Hopewell closed the public hearing.

REGULAR MEETING OF JUNE 15, 2009 Page 89 Ordinance 1853 Commissioner McCann, seconded by Commissioner Anderson, moved to Rezoning 214 and adopt an ORDINANCE to rezone 214 and 230 South Sage Street from 230 S. Sage St. Zone CO (Commercial, Office District) to Zone RM-24 (Residential, Multi- 78363 Dwelling District) under the contract zoning provision of the State of Michigan.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78364 - approval of a contract with Tetra Tech MPS to provide consulting services for the design and construction of the Kalamazoo Water Reclamation Plant Secondary System Improvements Project in the amount of $327,818.

78365 - approval of a one-year contract with Consumers Concrete Corporation to provide ready mix concrete for roadway, sidewalk, and other construction projects in the amount of $148,300.

Resolution 09-46 - adoption of a RESOLUTION confirming the 2009 Assessment Roll. 78366 Resolution 09-47 - adoption of a RESOLUTION approving the request of the Downtown Development Authority to levy a tax rate of 1.9638 mills. 78367

Resolution 09-48 - adoption of a RESOLUTION designating financial institutions as 78368 approved depositories for the City and authorizing the positions of Management and Budget Services Director/CFO, City Treasurer, Deputy Director of Management and Budget Services/Comptroller and the Assistant City Treasurer to execute and sign agreements to procure various cash management services of financial institutions and to provide specific operational and procedural information to such institutions as may be required.

Resolution 09-49 - adoption of a RESOLUTION granting a Payment in Lieu of Taxes to 78369 the YWCA Nonprofit Housing Corporation for an affordable housing rehabilitation project located at 915 – 917 Homecrest Avenue, pursuant to Section 35-4 of the Kalamazoo City Code.

78370 - a recommendation to: 1) offer for first reading an ORDINANCE to amend Section 12.3 and to add Section 7.6 to the Zoning Ordinance pertaining to murals; and, 2) schedule a public hearing for June 29, 2009.

78371 - a recommendation to offer for first reading an ORDINANCE, which amends Section 2-224E and repeals Section 2-227B-5, both of which are found in the Pension Ordinance.

REGULAR MEETING OF JUNE 15, 2009 Page 90 Consent Agenda - approval of a three-year Prepaid Fare Agreement with Western (cont’d) Michigan University to provide unlimited access to Metro Transit 78372 services for all current students, faculty and staff, from August 2009 through July 31, 2012.

78373 - approval of a conditional loan commitment to Zoorona, LLC in the amount of $40,000 from the city’s Small Business Revolving Loan Fund to partially fund the renovation of a leased property located at 1710 West Main Street in the commercial district of the West Main Hill neighborhood in the city.

78374 - acceptance of a grant from Kalamazoo Community Mental Health Services for $88,000 to fund a summer youth adventure program.

78375 - acceptance of a grant in the amount of $8,614 from the Junior League of Kalamazoo to install barrier-free picnic tables and plant new trees around the Boundless Playground located at Upjohn Park.

78376 - a recommendation to hold until June 29, 2009 authorization of the purchase of state-owned, tax-reverted land under the provisions of Public Act 123 of 1999, as amended.

Commissioner Moore, seconded by Vice Mayor McKinney, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson*, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

*At the time of the vote, Commissioner Anderson abstained from voting on Item F-12, the acceptance of a grant from Community Mental Health Services, due to a conflict of interest.

Regular Agenda Regular Agenda Items were considered next.

Acceptance of Community Planning and Development Director Jeff Chamberlain Homelessness described the Homeless Prevention and Rapid Re-Housing Program and Prevention and the Community Development Block Grant (CDBG) Recovery Program. CDBG Recovery Director Chamberlain stated the Kalamazoo County Continuum of Care Grants would also receive homeless prevention funds, and the City was working 78377 with the Continuum to create a unified, streamlined process with a single set of rules for homeless providers. Director Chamberlain noted these funds would be used to provide housing first, with an emphasis on addressing needs of families first.

Commissioner Cooney requested that Director Chamberlain keep the City Commission apprised of how these funds were being used, especially the homelessness prevention funds.

REGULAR MEETING OF JUNE 15, 2009 Page 91 Acceptance of When given an opportunity to comment on the acceptance of these grant Homelessness funds, the following citizens addressed the City Commission: Prevention and CDBG Recovery Asha Khazad, City resident, congratulated the City for using the Grants (cont’d) Housing First model for homelessness prevention. 78377 Commissioner Moore, seconded by Commissioner McCann, moved to accept two grants from the U.S. Department of Housing and Urban Development in the amounts of $758,089 for Homeless Prevention and Rapid Re-Housing Program. and $495,533 for Community Development Block Grant – Recovery Program, and authorize the City Manager to sign and submit all appropriate documents required by HUD and execute all contracts with subrecipients of funding received under this program.

Prior to a vote on the motion, Commissioner Moore thanked Director Chamberlain and City Manager Collard for investing grant funds in the Kid Biz program and for designating $250,000 to help bring back a grocery store to the Northside Neighborhood.

Mayor Hopewell remarked on the importance of a grocery store to the Northside Neighborhood and the community as a whole.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

First Reading of Commissioner Anderson summarized the revised Anti-Discrimination the Revised Anti- Ordinance and described the process used to develop the ordinance. Discrimination Commissioner Anderson thanked the citizens who participated in Ordinance developing the ordinance and stated citizens on both sides of the issue would probably agree the revised ordinance was not perfect. 78378 Commissioner Anderson thanked City Attorney Robinson for his work drafting the ordinance.

When given an opportunity to comment on the revised Anti-Discrimination Ordinance, the following citizens addressed the City Commission:

Don Stowe, City resident, spoke in opposition to the proposed ordinance. Mr. Stowe’s written remarks were filed with the papers for this meeting.

Jan Stowe, City resident, spoke in opposition to the proposed ordinance. Information submitted by Ms. Stowe was filed with the papers for this meeting.

Corey Bradley, City resident, spoke in support of the proposed ordinance.

Shawn Briar, City resident, thanked the City Commission and the Subcommittee for the ordinance. REGULAR MEETING OF JUNE 15, 2009 Page 92 First Reading of Amy Hunter, non-resident, thanked the Subcommittee for its work the Revised Anti- and remarked on the compromises in the revised ordinance and Discrimination the transparent process. Ordinance (cont’d) Alfonso Harris, City resident, wished “Happy Father’s Day” to Gay, 78378 Lesbian Bisexual, and Transgendered (GLBT) fathers.

Adam Taylor, non-resident, offered information on reparative therapy and suicide rates among GLBT youth.

Beth Lewis, City resident, spoke regarding men and women living together and urged the City Commission to maintain the separation of church and state.

Terry Kuseske, City resident, thanked the City Commission for addressing the issue of discrimination, and he pledged that the Kalamazoo Alliance for Equality (KAFE) was willing to work with the City on other community issues like youth violence.

Asha Khazad, City resident, spoke about the Christian interpretation of the biblical story of Sodom and Gomorrah.

Main Motion Commissioner Moore, seconded by Commissioner McCann, moved to offer for first reading an ORDINANCE to amend Sections 18-17 through 18-25 and add Sections 18-26 through 18-30, and rename Article II from “Discrimination in Real Estate Transactions” to “Discrimination Prohibited” of Chapter 18 of the Kalamazoo City Code of Ordinances.

Prior to a vote on the motion, Commissioner Cooney stated the issue before the City Commission was whether discrimination in the areas of employment, housing, and public accommodations should be addressed by City ordinance. Commissioner Cooney stated the City Commission was taking a stand, through the proposed ordinance, that discrimination against people was unacceptable in Kalamazoo.

Commissioner Moore thanked City Attorney Robinson for his work and noted the whole community participated in crafting this ordinance. Commissioner Moore remarked on the transparency of the process and commended the various groups that participated in discussions about the ordinance.

Commissioner Miller thanked City Attorney Robinson and the Subcommittee members for their work and for adding an exemption for faith-based organizations, and she expressed disappointment that the exemption for small businesses was removed from the final version of the ordinance. Commissioner Miller questioned whether those in favor of the ordinance made a good faith attempt to compromise with those opposed to the ordinance.

Commissioner Anderson requested the attorney-client privileged memo from City Attorney Robinson to the Subcommittee be released to the public.

REGULAR MEETING OF JUNE 15, 2009 Page 93 Main Motion Amended to Commissioner Moore, seconded by Commissioner Anderson, moved to Release Attorney- amend the main motion to authorize the public release of the attorney- Client Privileged client privileged memo dated May 29, 2009 and entitled Response to List Memo of Concerns.

With a roll call vote the motion to amend the main motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Vice Mayor McKinney thanked the Subcommittee and City Attorney Robinson for their work. Vice Mayor McKinney stated values were difficult to legislate, but the values of a place determined its identity. Vice Mayor McKinney observed people had differing values, and she indicated she was proud of the way the community worked its way through the discussion of conflicting values.

Commissioner McCann, thanked the Subcommittee for its work and indicated he did not want to make additional comments as there were still two weeks before the final vote on the ordinance.

Mayor Hopewell thanked Commissioner Anderson for leading the Subcommittee and Commissioners Cooney and Moore for serving on the Subcommittee.

Vote on the Main With a roll call vote the amended motion passed unanimously. Motion AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s Report City Manager Collard provided the following reports and updates:

78379 - Departmental Reports and Project Updates - CITYLink newsletter dated May 2009 - 1st Quarter Report to the Retirement Investment Committee - May 2009 Purchasing Report

City Manager Collard noted the Pension Fund had experienced seven consecutive quarters of losses.

In response to a question from Commissioner McCann, City Manager Collard reported the City was in the process of raising non-traditional funds to demolish the building on the northwest corner of Parkview Avenue and Oakland Drive, and he stated City staff hoped to have this structure razed by the end of the year. REGULAR MEETING OF JUNE 15, 2009 Page 94 Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Frank Warren, City resident, spoke about working for General Motors and recent reductions in wages and benefits for auto workers.

Terry Kuseske, City resident and Chair of the Planning Commission, invited citizens to participate in the Planning Commission’s process for reviewing the City’s Comprehensive Plan.

Rakesha Groves and Josie Beridge, from the Western Michigan University School of Social Work, encouraged the City Commission to adopt anti-sweatshop procurement policies. Ms. Beridge indicated City Commissioners would be receiving information packets in the mail.

John Zull, non-resident and Kalamazoo County Commissioner, expressed disappointment that the Anti-Discrimination Ordinance Subcommittee did not heed the City Attorney’s Advice on several points and that several Commissioners had essentially announced how they would vote on the ordinance.

Beth Lewis, City resident, stated she did not feel secure in Kalamazoo and requested the street light at West Main and Fletcher not be removed.

Lisa Densmore, City resident, spoke about the Juneteenth celebration and invited Commissioners to a commemoration event.

Asha Khazad, City resident, spoke about the Washington Square Co-op Apartments.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: Fathers’ Day; the Public Safety Departments’ response to an accident outside her home; curfew enforcement; summer activities for kids; and the Juneteenth commemoration.

Commissioner Miller announced the Friends of Recreation Golf Classic would take place on July 17th.

Commissioner Cooney expressed support for an anti-sweatshop procurement policy and invited citizens to a forum on June 24th at the Kalamazoo Public Library entitled The Real Road to Universal Healthcare: the Case for Single-Payer Healthcare.

Mayor Hopewell noted the Fete de la Musique would take place downtown on Sunday, June 21st.

REGULAR MEETING OF JUNE 15, 2009 Page 95 Adjournment The meeting adjourned at 8:55 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on July 20, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: July 20, 2009 REGULAR MEETING OF JUNE 29, 2009 Page 96 A regular meeting of the Kalamazoo City Commission was held on Monday, June 29, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Executive Servant Terry Thomas, Kalamazoo Deacons’ Conference, was followed by the Pledge of Allegiance.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Recognition of Mayor Hopewell recognized the presence of Kalamazoo County Guests Treasurer Mary Balkema and Kalamazoo County Commissioner Jack Urban.

Public Hearing re: At 7:03 p.m., Mayor Hopewell opened a public hearing to receive public a Zoning Code comments regarding an ORDINANCE to amend Section 12.3 and to Text Amendment add Section 7.6 to the Zoning Ordinance pertaining to murals. Regarding Murals

78380 At 7:04 p.m. Mayor Hopewell closed the public hearing.

Ordinance 1854 Commissioner McCann, seconded by Commissioner Moore, moved to Amending the adopt an ORDINANCE to amend Section 12.3 and to add Section Zoning Code re: 7.6 to the Zoning Ordinance pertaining to murals. Murals With a roll call vote this motion passed unanimously. 78380

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

REGULAR MEETING OF JUNE 29, 2009 Page 97 Consent Agenda (cont’d) - approval of a one-year term contract with: 1) Etna Supply 78381 Company for $262,626; and, 2) Underground Pipe & Valve for $109,948 for annual supply of water maintenance and construction materials.

78382 - approval of a contract with DLZ Michigan, Inc., to provide architectural/engineering services for the expansion and the renovation of the Transportation Department Administrative and Maintenance facility in a maximum amount of $129,237.23.

78383 - approval of a contract extension for up to six (6) months with Pride Ambulance Company (Pride Care) for the provision of Metro Transit’s ADA Metro Van paratransit bus service for a total, not to exceed cost for the 6-month extension, of $442,369.84 or $73,728.31 monthly.

Resolution 09-50 - adoption of a RESOLUTION approving an amendment to the City 78384 of Kalamazoo’s Brownfield Plan [Amended and Restated Brownfield Plan (Amendment No. 15)] implemented and recommended for approval by the City of Kalamazoo Brownfield Redevelopment Authority following the public hearing before the Brownfield Redevelopment Authority.

Resolution 09-51 - adoption of a RESOLUTION recognizing Constructive Community Builders, Inc. as a non-profit organization operating in the 78385 community for the purpose of obtaining a charitable gaming license.

78386 - acceptance of the FY 2009 Recovery Act JAG award of $553,309 from the U.S. Justice Department and authorize the City Manager to sign the Grant award and special conditions document.

78387 - acceptance of a grant from the Irving S. Gilmore Foundation to complete the 125th Anniversary film, “KALAMAZOO 1884.”

78388 - acceptance of the Kalamazoo Community Foundation/John E. Fetzer Institute Fund grant award in the amount of $2,500 for the 2009 Kalamazoo Department of Public Safety Youth Leadership Academy and authorize the City Manager to sign the grant award documents.

78389 - authorization for the purchase of state owned, tax-reverted land under the provisions of Public Act 123 of 1999, as amended.

78390 - approval of a request from the Kalamazoo Country Club for a permit to publicly display fireworks at 1609 Whites Road on Saturday, July 4, 2009 with a rain date of Saturday, July 11, 2009.

78391 - approval of the following appointments and re-appointments for members of advisory boards and commissions:

- the re-appointment of Grant Patrick Fletcher to the Dangerous Buildings Board as Residential Homeowner representative for a term expiring on March 31, 2011. REGULAR MEETING OF JUNE 29, 2009 Page 98 Consent Agenda - the re-appointment of Bobbe Orr to the Dangerous (cont’d) Buildings Board as Historic Property Owner representative 78391 for a term expiring on March 31, 2011.

- the appointment of Donald C. Verbeke to the Dangerous Buildings Board as Residential Builder representative for a term expiring on March 31, 2012.

- the appointment of Zadie Jackson to the Friends of Recreation Board for a term expiring on March 1, 2012.

78392 - approval of the minutes from the following City Commission Meetings: the Business Meeting of May 4, 2009, the Committee of the Whole Meeting of May 15, 2009, and the Neighborhood Meeting of May 18, 2009.

78393 - approval of a recommendation to hold until July 6, 2009 the adoption of a RESOLUTION to vacate the north portion of W. Michigan Avenue between Monroe and Stone Streets, with the following conditions:

- an easement shall be provided to the city for any underground utilities in the road right-of-way to be vacated.

- an adjusted fair market value for the vacated property shall be paid to the city in the amount of $28,221.

78394 - approval of a recommendation to hold until July 6, 2009 the proposed sale of 2720 Wellington to Kalamazoo Neighborhood Housing Services for $12,035.78, and a request to authorize the City Manager to sign all documents related to the sale.

Commissioner Moore, seconded by Commissioner Anderson, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Ordinance 1855 Commissioner Miller, seconded by Commissioner McCann, moved to Amending the adopt an ORDINANCE, which amends Section 2-224E and repeals Pension Section 2-227B-5, both of which are found in the Pension Ordinance. Ordinance re: Voluntary With a roll call vote this motion passed unanimously. Retirement Age AYES: Commissioners Anderson, Cooney, McCann, Miller, 78395 Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None REGULAR MEETING OF JUNE 29, 2009 Page 99 Ordinance 1856, When given an opportunity to comment on the revised Anti-Discrimination the Revised Anti- Ordinance, the following citizens addressed the City Commission: Discrimination Ordinance Charles Ybema, City resident and spokesperson for Kalamazoo 78396 Citizens Voting Against Special Rights Discrimination, expressed opposition to the proposed ordinance.

Lydia McGrew, City resident, spoke in opposition to the proposed ordinance and the revisions made by the Anti-Discrimination Ordinance Subcommittee on June 3rd.

Jan Stowe, City resident, expressed opposition to the proposed ordinance.

Don Stowe, City resident, expressed opposition to the proposed ordinance. Mr. Stowe’s written comments were filed with the papers for this meeting.

Cindy Hunter, City resident, spoke in support of the proposed ordinance.

John McNaughton, City resident, expressed support for the proposed ordinance.

Linda Hamilton, City resident, stated she wanted the opportunity to vote on the ordinance in November.

Jan Voeltzke, non-resident, spoke in opposition to the proposed ordinance.

James Rodbard, non-resident and Director of the American Civil Liberties Union of West Michigan, expressed support for the proposed ordinance.

James Vermullen, City resident, spoke in opposition to the proposed ordinance.

Amy Hunter, non-resident and Volunteer Coordinator for the Kalamazoo Gay-Lesbian Resource Center, spoke in support of the proposed ordinance.

Steven Gerike, City resident, expressed support for the proposed ordinance on behalf of the Community Relations Board.

Thomas Seiler, City resident and President of the Board of the Kalamazoo Gay-Lesbian Resource Center, spoke in support to the proposed ordinance.

Andrea Anderson, City resident, spoke in support of the proposed ordinance.

Ineke Way, City resident, expressed support for the proposed ordinance.

REGULAR MEETING OF JUNE 29, 2009 Page 100 Ordinance 1856, David Topping, City resident, expressed support for the proposed the Revised Anti- ordinance. Discrimination Ordinance (cont’d) Michael Parkinson-Kilbourne, expressed support for the proposed ordinance. 78396

Alexis Everson, City resident, spoke in favor of the proposed ordinance.

Jonathan Richardson, non-resident, spoke in favor of the proposed ordinance.

Mary Balkema, City resident, spoke in opposition to the proposed ordinance and asked that the City Commission allow citizens to vote on this ordinance.

Joni Balkema, non-resident, expressed opposition to the proposed ordinance.

Matt McCain, City resident, expressed support for the proposed ordinance.

Terry Kuseske, City resident, spoke in support of the proposed ordinance.

Cody Dekker, non-resident, spoke in support of the proposed ordinance.

David Feaster, City resident, expressed support for the proposed ordinance.

Asha Khazad, City resident, expressed support for the proposed ordinance.

Lance DeYoung, City resident, spoke in opposition to the proposed ordinance.

Shawn Briar, City resident, spoke in support of the proposed ordinance.

Karen Eddy, City resident, expressed support for the proposed ordinance.

Lisa Densmore, City resident, expressed support for the proposed ordinance.

Terry Thomas, City resident, spoke in support of the right to vote.

Commissioner Cooney, seconded by Commissioner Moore, moved to adopt an ORDINANCE to amend Sections 18-17 through 18-25 and add Sections 18-26 through 18-30, and rename Article II from “Discrimination in Real Estate Transactions” to “Discrimination Prohibited” of Chapter 18 of the Kalamazoo City Code of Ordinances.

REGULAR MEETING OF JUNE 29, 2009 Page 101 Ordinance 1856, Prior to a vote on the motion, Commissioner Anderson, reminded citizens the Revised Anti- the charge to the Anti-Discrimination Ordinance Subcommittee was to Discrimination solicit citizen input regarding changes to specific parts of Ordinance 1850. Ordinance (cont’d) Commissioner Anderson recommended an article by Kathy Jessup in the Kalamazoo Gazette on Sunday, June 28th that summarized citizens’ 78396 concerns and issues presented to the Subcommittee as well as how those concerns were addressed. Commissioner Anderson briefly summarized the following sampling of citizens’ concerns and the Subcommittee’s responses: the definition of “employer” and the applicability of the ordinance to small businesses; bathroom use and who has the right to make rules regarding bathroom use; the protection of first amendment rights; youth organizations, such as the Boy Scouts; the ability of the City Commission to place the ordinance question on a ballot without a referendum petition; and the issue of preferential treatment versus equal treatment. Commissioner Anderson noted the importance of the discussion about this ordinance to the Kalamazoo community.

Commissioner McCann thanked the Subcommittee for its work. Commissioner McCann stated the proposed ordinance dealt with discrimination, which was morally wrong and not debatable. Commissioner McCann stated discrimination did occur and noted American society had not yet eradicated discrimination against people in existing protected classes. Commissioner McCann remarked that he was privileged to know many GLBT people, and they had enriched his life.

Commissioner Cooney stated a major theme of United States history was the struggle to determine which groups were eligible for the “inalienable rights” described in the Declaration of Independence. Commissioner Cooney stated the country had been diminished when people discriminated against various groups. Commissioner Cooney stated the City Commission’s vote on this ordinance would bring the City closer to American ideals.

Commissioner Moore thanked citizens for the dialogue over the past few months and stated the proposed ordinance was about respecting everyone and loving everyone unconditionally. Commissioner Moore reported she had read all of the literature presented to her as she was making her decision. Commissioner Moore stated Jesus taught love, and any oppression, of any kind, was wrong. Commissioner Moore expressed hope that the ordinance can move the community forward on other issues, such as HIV/AIDS and teen pregnancy.

Vice Mayor McKinney stated the Subcommittee’s work helped frame the ordinance and educate the public. Vice Mayor McKinney noted the conflict over the proposed ordinance was a conflict of values, and she stated respect, equity, unity, and dignity were the values that resonated with her. Vice Mayor McKinney remarked that citizens’ comments on the ordinance had been thoughtful and respectful.

Mayor Hopewell thanked the Subcommittee for its work. Mayor Hopewell indicated the proposed ordinance was about housing and employment, and he stated there should not be discrimination in these two areas. Mayor Hopewell stated he could compromise on the issue of REGULAR MEETING OF JUNE 29, 2009 Page 102 Ordinance 1856, discrimination in housing and employment, and he remarked that the the Revised Anti- process had been open, fair, and equitable. Discrimination Ordinance (cont’d) With a roll call vote the motion to adopt the ordinance passed unanimously. 78396

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard reviewed the community’s efforts to address youth Report – Public violence over the over the past few years and commended community Safety Update leaders and City departments for their work in this area.

78397 Public Safety Chief Jeff Hadley presented a mid-year report on the Public Safety Department in which he highlighted the Department’s community policing efforts, youth engagement initiatives, and results.

In response to a question from Commissioner Moore, Chief Hadley stated he was organizing a significant review of the Public Safety Department’s hiring and recruiting process, which would include an evaluation of the Department’s efforts to recruit locally and recruit for diversity.

Mayor Hopewell commended Chief Hadley and the Public Safety Department for their excellent work.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Lisa Densmore, City resident, spoke regarding the Juneteenth Celebration.

Linda Hamilton, City resident, expressed concern about the Public Safety Department’s insufficient response to a “wild” party at 1003 Clinton Avenue.

Nick Boyd, City resident, expressed disappointment that many people left the meeting before Chief Hadley’s report, and he stated the City needed a high level of citizen involvement on all issues facing the community.

Asha Kazhad, City resident, spoke about discrimination in its many forms.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered comments on the Smart Summer 2009 Public Awareness Campaign and a local college graduate.

Commissioner Miller remarked about the Public Safety Leadership Academy, the Wednesday fishing program, and the Michigan Municipal League’s Annual Conference in September. REGULAR MEETING OF JUNE 29, 2009 Page 103 Commissioner Cooney thanked Chief Hadley for reaching out into the community.

Adjournment The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on July 20, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: July 20, 2009 REGULAR MEETING OF JULY 6, 2009 Page 103 A regular meeting of the Kalamazoo City Commission was held on Monday, July 6, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Sean McCann, Mayor Pro-Tem David Anderson Don Cooney Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney

Also present were Deputy City Manager Jerri Barnett-Moore, City Attorney Clyde Robinson, and Deputy City Clerk Virginia Vander Roest.

Commissioners Commissioner Miller, seconded by Commissioner Anderson, moved to Excused excuse the absences of Mayor Hopewell and Vice Mayor McKinney. With a voice vote, the motion passed.

Invocation The invocation, given by Pastor Milton Wells of Open Door Ministries, COGIC, was followed by the Pledge of Allegiance.

Proclamations Commissioner Miller, on behalf of Mayor Hopewell, proclaimed July 17, 2009 “Friends of Recreation Day.” Mike Schlack, Chairman of 78398 the Friends of Recreation Board received the proclamation on the board’s behalf.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications Deputy City Manager Barnett-Moore invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78399 - approval of the ‘2009 portion’ of a contract with Envirologic Technologies, Inc., a pre-qualified City environmental consulting firm, for Interim Response Activities at the Schippers Crossing Site in the amount of $145,550.

Resolution 09-52 - adoption of a RESOLUTION accepting MDOT Grant Contract 78400 #2009-0590 for the Local Ridesharing Program for FY2009 in the amount of $38,246.

Resolution 09-53 - adoption a RESOLUTION to vacate the north portion of W. Michigan Avenue between Monroe and Stone Streets, with the 78401 following conditions:

- an easement shall be provided to the city for any underground utilities in the road right-of-way to be vacated.

REGULAR MEETING OF JULY 6, 2009 Page 104 Consent Agenda - an adjusted fair market value for the vacated property shall (cont’d) be paid to the city in the amount of $28,221.

78402 - authorization for the City Manager to sign a letter agreement to extend the existing Metro Act Right-of-Way Permit for two additional years.

78403 - offer for first reading a proposed ORDINANCE amending Subsections D and E of Section 35- 4, regarding the date for when PILOT payments are due.

78404 - approval of the sale of 2720 Wellington to Kalamazoo Neighborhood Housing Services for $12,035.78, and authorize the City Manager to sign all documents related to the sale.

78405 - approval of the City Commission minutes from the Business Meetings on May 18 and June 1, 2009.

Commissioner Cooney, seconded by Commissioner Miller, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

78406 Dr. Carol Hogan, non-resident, provided information on the Finance Fest sponsored by Kampus Kidz, to be held August 1, 2009 at the Kalamazoo County Fairgrounds.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore reminded citizens of the community garage sale at the Ecumenical Center on Saturday, July 11, 2009 as well as the community garage sale at NACD on Saturday, July 25, 2009. Commissioner Moore announced Pastor Jennings was holding a women’s conference on Wednesday, July 8, 2009 at the Progressive Deliverance Ministries of God and Christ on North Edwards Street and reminded citizens that National Night Out events would be held on August 4, 2009.

Commissioner Cooney announced a rally for health care would be held on Wednesday, July 8, 2009 at the Free Health Clinic on Portage Road.

Adjournment The meeting adjourned at 7:19 p.m. REGULAR MEETING OF JULY 6, 2009 Page 105 Respectfully submitted,

Virginia M. Vander Roest Deputy City Clerk

For City Commission approval on July 20, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: July 20, 2009 NEIGHBORHOOD MEETING OF JULY 20, 2009 Page 106 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, July 20, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Cooney, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Fairmont Neighborhood Association Joy Russcher, President Melissa Linkfield, Neighborhood Administrator

Gateway/South Street Historic District Kim Cummings, Member

West Main Hill Neighborhood Association Mike Van Vaerenbergh, Board Member

Fairmont The Fairmont Neighborhood Association representatives: Neighborhood Association - distributed the Summer 2009 edition of the Fairmont News.

78407 - remarked the Association had been in its new facility for five months.

- reported participation in the Neighborhood Watch had increased.

- described the Association’s response to the fire at Fox Ridge Apartments and its assistance to victims of the fire.

- indicated the Neighborhood was using workers from Youth Opportunities Unlimited (YOU) and noted the supervisor was a Neighborhood resident.

- stated eight families participated in the Building Blocks Program.

NEIGHBORHOOD MEETING OF JULY 20, 2009 Page 107 Fairmont - indicated the Association would insurance money from the City to Neighborhood replace computers that were damaged in the flooding of the old Association Neighborhood center in December. (cont’d) - reported the Association was working with the Stuart Area Restoration Association on the Douglas Avenue Corridor Study. Ms. Russcher stated traffic safety was a big concern, and she stated the Association would like Douglas Avenue to be one lane in each direction with a center turn lane.

- invited Commissioners to the Fairmont National Night Out event at the new Neighborhood center.

In response to a question from Commissioner Cooney, Ms. Linkfield stated the Association was utilizing six workers from YOU workers, who were between 14 and 17 years of age.

In response to a question from Commissioner Anderson, Ms. Linkfield stated the Association’s new facility appeared to be a feasible long-term facility solution, but the Association was waiting for City Attorney Robinson to develop a purchase option for the Neighborhood center.

In response to questions from Commissioner Moore, Ms. Linkfied stated the Fox Ridge Apartment managers would not terminate the leases of fire victims, and Section 8 recipients were not able to transfer their vouchers to other housing options until Fox Ridge terminated the leases. Ms. Linkfield explained she had little contact with the Fox Ridge managers as Neighborhood Liaison Officer Greg Magnan was the liaison between the Neighborhood Association and Fox Ridge.

Gateway/South The Gateway/South Street Historic District representative: Street Historic District - remarked on the dedication of the West Gateway Colonnade and thanked the City for its generosity in making an 11th hour donation to the project.

- reported historic district banners would be installed on utility poles along Lovell Street once the repaving project was complete.

- thanked the City for hauling trash and debris from Building Blocks project sites.

West Main Hill The West Main Hill Neighborhood Association representative: Neighborhood Association - reported recent efforts to beautify the West Main Hill gateway included the installation of banners on the light poles.

- invited Commissioners to the USTA/West Main Hill picnic on August 11th.

- noted the Association did not have a special event planned for National Night Out, but Neighborhood residents were encouraged to spend time outside and turn on their porch lights.

NEIGHBORHOOD MEETING OF JULY 20, 2009 Page 108 West Main Hill - stated residents continued to work in Neighborhood parks and Neighborhood reported on new landscaping in Lovell Street Park and a new sign Association in Henderson Park. (cont’d) - indicated the Neighborhood Association Board was full at 12 members.

In response to a question from Commissioner Cooney, Mr. Van Vaerenbergh stated the Neighborhood was not employing any workers from Youth Opportunities Unlimited.

City Planner Keith Hernandez invited citizens to attend a public input session for the City’s Master Plan at the offices of the Northside Association for Community Development on July 21st from 4-6 p.m.

Citizen Comments Next, and opportunity was given for citizens to address the City Commission, but no comments were made.

Adjournment The meeting adjourned at 6:27 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on August 3, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: August 3, 2009 REGULAR MEETING OF JULY 20, 2009 Page 109 A regular meeting of the Kalamazoo City Commission was held on Monday, July 20, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner Miller, seconded by Commissioner Moore, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote the motion passed.

Invocation The invocation, given by Senior Pastor Jeff Porte, Third Reformed Church, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of State Representative and Guests former Kalamazoo Mayor Robert B. Jones. Representative Jones thanked the City Commissioners and appointees for their service. Representative Jones reported the state’s fiscal health was poor, and local revenue sharing was in jeopardy. Representative Jones announced his candidacy for the 20th District State Senate seat in 2010.

Proclamation Commissioner Miller, on behalf of Mayor Hopewell, read a proclamation 78408 Honoring K-9 “Ranger” for Meritorious Service. Officer Marc Rifenberg and Ranger were present to receive the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78409 - approval of a contract with MOSS for network switch replacement in the amount of $244,828.09.

Resolution 09-54 - adoption of a Michigan Department of Consumer & Industry Services, Liquor Control Commission RESOLUTION to approve a 78410 new entertainment permit and official permit (food) for Green Top Tavern located at 250 East Michigan Avenue.

REGULAR MEETING OF JULY 20, 2009 Page 110 Consent Agenda - approval of a recommendation to offer for first reading an (cont’d) ORDINANCE to amend Chapter 15 of the Kalamazoo City Code 78411 to add Article II entitled “Outdoor Furnaces.”

78412 - acceptance of a grant of $20,000 from the Dorothy U. Dalton Foundation to support the La Crone and Woods Lake Beach Parks Redevelopment Project.

78413 - approval of a recommendation to: a) accept a donation of $500 from Herschel Figg to fund additional advertising for the Kalamazoo Farmers’ Market; and, b) increase the advertising line item budget for the Farmers’ Market by the amount of the donation.

78414 - approval of the appointment of Shawn Brier to the Parks and Recreation Advisory Board for a term expiring January 1, 2012.

78415 - approval of the City Commission minutes from the Neighborhood Meeting on June 15 and the Business Meetings on June 15, June 29 and July 6, 2009.

78416 - approval of a recommendation to hold until August 3, 2009 the purchase of a 28.13 acre property located southeast of the “G” Avenue and 6th Street intersection, Section 3, Oshtemo Township for the amount of $245,944.

Commissioner McCann, seconded by Commissioner Anderson, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Ordinance 1857 An opportunity was given for citizens to comment on the adoption of an re: the Due Date ordinance regarding the due date for PILOT payments, but no comments for PILOT were made. Payments Commissioner McCann seconded by Commissioner Miller moved to 78417 adopt an ORDINANCE amending Subsections D and E of Section 35-4, regarding the date for when PILOT payments are due.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson*, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

REGULAR MEETING OF JULY 20, 2009 Page 111 City Manager’s City Manager Collard provided the following reports and updates: Report 78418 - Departmental Reports and Project Updates - CITYLink newsletter dated June 2009 - Kalamazoo Communities in Schools Newsletter dated July/August 2009 - June 2009 Purchasing Report

City Manager Collard highlighted the following items: the installation of the City’s new tax billing software was complete; the Friends of Recreation Golf Classic raised $10,000 for the Youth Development Center; the Frays Park improvement project was near completion; the Public Safety Department was partnering with the Parks and Recreation Department to conduct Kids Safe Summer activities; and the Public Services Department had engaged the services of Tower-Pinkster-Titus to develop a “green roof” plan for City Hall.

Commissioner Miller expressed appreciation to City Manager Collard for moving quickly to address concerns regarding aggressive panhandling in the downtown area.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Stacey Merrick, City resident and board member of Michigan Peoples’ Action (MPA), spoke regarding the City’s recent listing as the sixth meanest City towards homeless people.

Christopher Adams, City resident and member of MPA, spoke regarding the City’s recent listing as the sixth meanest City towards homeless people.

LoriAnne Tennison, City resident and member of MPA, spoke regarding Kalamazoo’s ranking as the sixth meanest City towards homeless people.

Jonathan Braun, City resident and member of MPA, reported the Michigan Organizing Project (MOP) would be applying for Homelessness Prevention and Rapid Rehousing Program funds, and he discussed Kalamazoo’s ranking as the sixth meanest City towards homeless people.

Bob Giffels, City resident, spoke regarding a block party application he had submitted and requested the Traffic Engineer’s concerns be reexamined.

David Becker, City resident, spoke regarding the proposed new arena in the downtown area and suggested the developers study the Gruen Plan and other downtown plans before creating a new plan.

Asha Khazad, City resident, spoke regarding problems with trash at the Family Dollar store on Portage Street in Washington Square. REGULAR MEETING OF JULY 20, 2009 Page 112 City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore asked that the City facilitate a solution to problem of trash at the Family Dollar store and noted on the following items: the Master Plan Meeting at the offices of the Northside Association for Community Development (NACD); the Kalamazoo Kings baseball clinic on July 31st; the Financial Freedom Conference on August 1st; the Kalamazoo Outlaws first win of the season; the Michigan Organizing Project’s successful the Nehemiah Plan meeting on ; National Night Out on August 4th; the Black Arts Fest, July 29th - August 2nd; Vacation Bible School at Mt. Zion and Galilee Baptist Churches; and the Sistas on the Move conference for teenage girls on August 15th.

Commissioner Miller offered remarks on the following items: the Friends of Recreation Golf Classic; Maranda’s Party in the Park on July 23rd; the Upjohn Park grand opening ceremony on August 7th; and the good work of PSO Terry Thomas in settling a dispute over parking at Dairy Queen.

Commissioner Anderson discussed the City’s inclusion on a national list of “Ten Meanest Cities” towards homeless people. Commissioner Anderson showed how the City’s placement on this list was the direct result of lobbying by local advocates for homeless people, and he noted Kalamazoo had more shelter beds than several of the larger cities on the list. Commissioner Anderson thanked Kalamazoo citizens who donated time, energy and money to care for people in need of food and shelter, and he explained that Kalamazoo had become a regional center for homeless shelters and services precisely because of the generosity of Kalamazoo’s citizens.

Commissioner Cooney reported the City Commission had received a letter expressing opposition to the proposed outdoor furnace ordinance. Commissioner Cooney requested that the City respond to the objections in this letter prior to final consideration of the ordinance. Commissioner Cooney also spoke regarding homelessness and stated Kalamazoo was not a mean City. Commissioner Cooney expressed hope that the negative national publicity about homelessness in Kalamazoo would lead the community to address the causes of poverty.

Commissioner McCann remarked on the “meanest cities” ranking, recommended that Mr. Becker attend the upcoming design charette for the proposed downtown arena, and extended condolences to the family of Bob McDonough on his passing.

Mayor Hopewell spoke regarding the national study on homelessness and stated it was unfortunate the facts were not reported, and the truth about Kalamazoo’s efforts to serve the homeless was not published. Mayor Hopewell remarked on the Gear Up program for young people and the successful Woofstock event over the weekend.

Adjournment The meeting adjourned at 8:06 p.m. REGULAR MEETING OF JULY 20, 2009 Page 113 Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on August 3, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: August 3, 2009 REGULAR MEETING OF AUGUST 3, 2009 Page 114 A regular meeting of the Kalamazoo City Commission was held on Monday, August 3, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Invocation The invocation, given by Pastor William Roland, Galilee Baptist Church, was followed by the Pledge of Allegiance.

Proclamation Mayor Hopewell announced a proclamation naming August 6-12, 2009 Big League Softball World Series Week. Mayor Hopewell tabled the 78419 reading of this proclamation until the arrival of Bud VanderBerg, Tournament Director, who was schedule to receive the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78420 - approval of a one-year term contract extension with Great Lakes Lubricants for the purchase of various types of lubricants at a total cost not to exceed $160,000.

Resolution 09-55 - adoption of a RESOLUTION authorizing a November 3, 2009, 78421 general election ballot question for voter approval of a special 0.6 mill levy to finance Metro Transit operations in the City of Kalamazoo for 2010 through 2012.

Resolution 09-56 - adoption of a Michigan Department of Consumer & Industry 78422 Services, Liquor Control Commission RESOLUTION to: a) transfer ownership of a 2008 Class C-SDM license business with dance permit, located in escrow at 3912 Douglas, Kalamazoo, MI 49004, Kalamazoo Township, from Mar-Bil Inc. to Mule House, Inc.; b) transfer the location to 402 E. Kalamazoo Avenue, Kalamazoo, MI 49007; and c) request a new outdoor service area (1 area).

REGULAR MEETING OF AUGUST 3, 2009 Page 115 Consent Agenda (cont’d) - approval of a one-year bus service agreement with EDR Western, LP, d/b/a The Pointe at Western, to provide bus service to The 78423 Pointe at Western apartment complex for the contracted annual amount of $94,608.

78424 - approval of a schedule of budget amendments to the FY 2009 Budget resulting in a net reduction in appropriations of $214,767.

78425 - approval of the purchase of a 28.13 acre property located southeast of the “G” Avenue and 6th Street intersection, Section 3, Oshtemo Township for the amount of $245,944.

78426 - approval of the City Commission minutes from the Neighborhood and Business Meetings on July 20, 2009.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda items were considered next.

Ordinance 1858 When given an opportunity to comment on an ORDINANCE to amend re: Outdoor Chapter 15 of the Kalamazoo City Code to add Article II entitled “Outdoor Furnaces Furnaces,” the following citizens addressed the City Commission: 78427 Barbara Clydesdale, City resident, spoke in support of the proposed ordinance.

Mark Miller, non-resident and member of the Kalamazoo Township Board, expressed support for the proposed ordinance.

Bill Hughes, City resident, expressed support for the proposed ordinance on behalf of the Environmental Concerns Committee (ECC).

Casey Gershon, City resident and member of the ECC, expressed support for the proposed ordinance.

Duane Hettinger, non-resident, spoke in opposition to the proposed ordinance.

Bill Steinmann, City resident and Vice Chair of the ECC, spoke in support of the proposed ordinance.

Commissioner Cooney, seconded by Vice Mayor McKinney, moved to adopt an ORDINANCE to amend Chapter 15 of the Kalamazoo City Code to add Article II entitled “Outdoor Furnaces.”

REGULAR MEETING OF AUGUST 3, 2009 Page 116 Prior to a vote on the motion, Commissioner Cooney expressed support for the ordinance and thanked City Attorney Robinson for his thorough response to the email from Chris Williams.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Clerk’s Report City Clerk Borling reported the following items: 78428 - The following lawsuits had been received and referred to the City Attorney’s Office:

- G.R.I.N., L.L.C. v City of Kalamazoo

- Lester Moore, pro per v City of Kalamazoo and Kalamazoo County

- The City Commission has received as informational minutes of the following advisory boards and commissions:

Community Development Act Advisory Committee - Thursday, February 12, 2009 - Thursday, March 12, 2009 - Thursday, April 02, 2009 Thursday, April 30, 2009

Community Relations Board - Thursday, February 12, 2009

Dangerous Buildings Board - Thursday, February 05, 2009 - Thursday, March 05, 2009

Employee Retirement System Board of Trustees - Wednesday, February 25, 2009

Environmental Concerns Committee - Wednesday, February 18, 2009 - Wednesday, March 18, 2009 - Wednesday, April 15, 2009

Friends of Recreation Board - Monday, January 19, 2009 - Monday, February 16, 2009 - Thursday, March 12, 2009

Kalamazoo Historic District Commission - Tuesday, February 17, 2009 - Tuesday, March 17, 2009

REGULAR MEETING OF AUGUST 3, 2009 Page 117 City Clerk’s Report Kalamazoo Historic Preservation Commission (cont’d) - Tuesday, January 13, 2009 78428 - Tuesday, February 10, 2009 - Tuesday, April 14, 2009

Kalamazoo Municipal Golf Association - Tuesday, February 17, 2009 - Thursday, March 12, 2009

Kalamazoo Transit Authority Board - Friday, January 09, 2009 - Friday, February 06, 2009 - Friday, March 27, 2009

Parks and Recreation Advisory Board - Tuesday, February 03, 2009 - Tuesday, March 03, 2009 - Tuesday, April 07, 2009 - Tuesday, May 05, 2009

Planning Commission - Thursday, February 05, 2009 - Thursday, March 05, 2009 Thursday, April 02, 2009

Zoning Board of Appeals - Thursday, February 12, 2009 - Thursday, March 12, 2009

- The City Commission had received as informational, 2008 Annual Reports from the following advisory boards and commissions:

- The Civil Service Board - The Community Development Act Advisory Committee - The Community Relations Board - The Downtown Development Authority - The Environmental Concerns Committee - The Friends of Recreation Board - The Historic District Commission - The Historic Preservation Commission - The Investment Committee of the Retirement System - The Parks and Recreation Advisory Board - The Pension Board - The Zoning Board of Appeals

- The following Special Event requests were approved in the month of May:

- a request from the Kalamazoo Gay Lesbian Resource Center & WMU's Office of Lesbian, Bisexual, Gay & Transgender Students to use Milham Park on May 9, 2009 from 3:00 - 7:00 p.m. for the Kalamazoo Pride Dog Show.

REGULAR MEETING OF AUGUST 3, 2009 Page 118 City Clerk’s Report - a request from the Kalamazoo Public Library to use (cont’d) Bronson Park on May 27, 2009 from 8:00 a.m. to 12:00 p.m. for the Party in the Park reading event. 78428 - a request from Kalamazoo Institute of Arts to use Bronson Park and City Streets from June 5, 2009 at 8:00 a.m. to June 6, 2009 at 5:00 p.m. for the Kia Art Fair.

- a request from the Fraternal Order of Police to use Bronson Park on June 12, 2009 from 11:30 a.m. to 1:30 p.m. for a Fallen Officers Memorial Service.

- a request from Galilee Baptist Church to use LaCrone Park on July 23, 2009 from 2:00 to 10:00 p.m. for a Family Vacation Bible School Celebration Night.

- a request from the West Main Hill Neighborhood Association to use Henderson Park and City Streets on August 11, 2009 from 12:00 to 9:30 p.m. for the West Main Hill/USTA Picnic.

- a request from the American Foundation for Suicide Prevention to use Bronson Park and City sidewalks on September 12, 2009 from 10:00 a.m. to 3:00 p.m. for the 2009 Out Of The Darkness Community Walk.

- a request from The Alzheimer's Association, Michigan Great Lakes Chapter, to use Bronson Park and City sidewalks on September 19, 2009 from 8:00 to 11:00 a.m. for the annual Memory Walk.

- a request from Gazelle Sports to use Milham Park on September 26, 2009 from 6:00 a.m. to 8:00 p.m. for the 2009 Metro Trek event.

- a request from The Children's Hospital at Bronson to use City sidewalks on October 4, 2009 from 1:00 to 3:00 p.m. for the Walk Across Kalamazoo fundraising event.

City Manager’s City Manager Collard presented and reviewed the following items: Report - the 2008 Annual Actuarial Valuation of the City of Kalamazoo 78429 Employees’ Retirement System. City Manager Collard highlighted the following statistics from this report: Retirement System’s accrued liabilities at the end of 2008 were $345 million, and the market value of assets was $368 million; the funding ratio for the Retirement System at the end of 2008, based on market value, was 106.9%. City Manager Collard indicated the System needed a ratio of 115% - 120% for the City to avoid the need to make contributions.

78430 - the FY2009 Budget Second Quarter Report and Executive Summary. City Manager Collard estimated there would be a 15- 20% reduction in the City’s ability to fund services from 2007-2013 REGULAR MEETING OF AUGUST 3, 2009 Page 119 City Manager’s and noted this estimate was based on a straight-line projection, Report (cont’d) assuming there would be no changes to outside circumstances. 78430 City Manager Collard stated the anticipated reductions in revenue would come in the following areas: commercial property tax receipts; local revenue sharing payments from the state; and gas and weight tax receipts. City Manager Collard also reported it was likely the City would need to begin making contributions to the pension system within the next two or three years, and he suggested the City begin making contributions towards its legacy costs in 2010 – $500,000 towards the pension system and $250,000 towards retiree healthcare – to develop the discipline of making those payments. City Manager Collard asked the City Commission to approve or otherwise give input regarding five recommended actions to address the City’s short term budget challenges. City Manager Collard estimated approximately 30 positions would be eliminated during the development of the 2010 budget.

Commissioner Anderson stated it was the City Commission’s responsibility to make the difficult budget decisions, and he expressed support for the City Manager’s recommendations. Commissioner Anderson thanked the City Manger for not waiting until December or January to initiate the discussion of short term budget challenges.

In response to a question from Commissioner Anderson, Mayor Hopewell recommended the City Commission formally vote on the City Manager’s recommendations.

Motion to Approve Commissioner Moore, seconded by Vice Mayor McKinney, moved to the City Manager’s support the City Manager and staff relative to the following Recommendations recommendations regarding the FY2009 and FY 2010 budgets: re: Short Term Budget Challenges - to direct the administration to identify viable budget reduction alternatives during the 3rd quarter of 2009 that: 78430 - reduce General Fund operating budgets by $2M relative to the adopted 2009 budget; and - reduce General Fund non-departmental expenditures, transfers and initiatives by $1.5M relative to the adopted 2009 budget; and - reduce reserve funds where appropriate.

- that the City Commission consider approving the 2010 budget reduction alternatives during the 3rd quarter review process.

- to direct the administration to begin identifying and analyzing options for offsetting investment losses in the pension fund.

- that the City Commission and the administration utilize appropriate means to seek public participation in establishing priorities for both the fiscal plan and the 2010 budget.

Prior to a vote on the motion, the following citizens addressed the City Commission: REGULAR MEETING OF AUGUST 3, 2009 Page 120 Motion to Approve Fred Lawrence, City resident, expressed concern about the the City Manager’s amount of non-taxable property in the City, especially properties Recommendations owned by churches. re: Short Term Budget Challenges Jan Stowe, City resident, stated she was not able to hear the City (cont’d) Manager’s presentation. 78430 Kai Phillips, City resident, expressed concern about wasteful spending by City Commissioners.

Commissioner Cooney thanked the City Manager for his report and expressed support for making budget decisions at the end of the third quarter. Commissioner Cooney urged the City Manager to maintain as many positions as possible during the budget reduction process.

Vice Mayor McKinney stated the budget reduction process would be incredibly painful, and she expressed hope that there would be community cohesion during this difficult time. Vice Mayor McKinney stated there was a huge systemic problem for the community to solve and indicated cities in Michigan and in other parts of the country were facing budget challenges that were as bad as, or worse than, the challenges facing Kalamazoo. Vice Mayor McKinney highlighted the need for an appropriate public participation process and stated community members needed to determine the core services of city government without attacking each other.

Commissioner Moore thanked the City Manager and City staff for their broad, holistic view of the City’s condition. Commissioner Moore expressed support for the City Manager’s recommendations and stated the City Commission needed to move in a direction that stabilized the community. Commissioner Moore stated this work would be a labor of love, and she noted local government was the only place where citizens could approach their elected officials and make their voice heard. Commissioner Moore also encouraged Mr. Phillips to read the budget documents and participated in the budget development process in a constructive fashion.

Commissioner McCann noted the City was facing significant budget challenges because of systemic problems created by bad policies and decisions in the past. Commissioner McCann indicated state and local governments in Michigan were facing a situation where even the high priority services could not be funded, and decisions would need to be made about the value and importance of public services. Commissioner McCann stated Kalamazoo was better off than many communities, and the City would be a better community on the other side of these problems.

Commissioner Miller expressed trust in the City Manager and staff to limit the pain of budget reductions and make good decisions. Commissioner Miller encouraged City employees to make themselves valuable and work hard. Commissioner Miller expressed support for a public input process but noted the City Manager and staff had more knowledge of City operations. Commissioner Miller thanked the City Manager for acknowledging the specter of significant legacy costs (pension and retiree healthcare) looming on the horizon. REGULAR MEETING OF AUGUST 3, 2009 Page 121 Motion to Approve Mayor Hopewell requested that the communication and public the City Manager’s participation process include an educational component to inform Recommendations residents of the City’s budget situation. Mayor Hopewell asked City re: Short Term Manager Collard several questions about the City’s budgetary policies Budget Challenges and practices to illustrate that the City had been taking steps over the (cont’d) past few years to address both structural and short term budget issues 78430 within its control. Mayor Hopewell stated the current fiscal challenges were felt by every organization and family in Kalamazoo, and the City was facing challenges it had never dealt with in the past.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments When given an opportunity to comment on a RESOLUTION affirming re: a Resolution Ordinance No. 1856, the following citizens addressed the City Affirming Ord. Commission: 1856, The Anti- Discrimination Justin Wing, non-resident, introduced a group of young people Ordinance who performed a mime on the topic of “truth” for the City 78431 Commission.

Julie Harpootlian, City resident, expressed opposition to Ordinance 1856.

Terry Kuseske, City resident, spoke in support of Ordinance 1856.

Shawn Briar, City resident, spoke in support of Ordinance 1856 and displayed a petition signed by “thousands” of residents in support of the ordinance.

Michael Parkinson-Kilbourne, City resident and a representative from the Richland chapter of PFLAG (Parents and Friends of Lesbians and Gays), expressed support for Ordinance 1856.

Dave Staiger, City resident, spoke if favor Ordinance 1856.

Fred Lawrence, City resident, expressed support for Ordinance 1856.

John Taylor, City resident, spoke in favor of Ordinance 1856.

Mary Balkema, City resident, requested that Ordinance 1856 be submitted to City voters and requested that the question be worded so that a “yes” vote meant “yes” and a “no” vote meant “no.”

LoriAnne Tennison, City resident, expressed support for Ordinance 1856.

REGULAR MEETING OF AUGUST 3, 2009 Page 122 Citizen Comments Jan Stowe, City resident, stated the Bible would show people the re: a Resolution truth about Ordinance 1856. Affirming Ord. 1856 (cont’d) Susan Gitre, City resident, expressed opposition to Ordinance 78431 1856 and offered remarks on a phone survey about the ordinance.

George Plumstead, City resident, spoke in favor of Ordinance 1856.

Resolution 09-57 Commissioner Moore, seconded by Commissioner Cooney, moved to Affirming Ord. adopt a RESOLUTION affirming Ordinance No. 1856 1856, The Anti- Discrimination Prior to a vote on the motion, and in response to a question from Ordinance Commissioner Anderson, Mayor Hopewell indicated the City Commission would be able to approve ballot language for the referendum question at 78431 its meeting on August 18th and still meet the deadline for submitting ballot proposals for the November 3rd election.

In response to a question from Commissioner Miller, Mayor Hopewell stated the City Attorney had indicated the Commission could not put the ordnance on the ballot at the current meeting.

Commissioner Moore commented on development process for the Anti- Discrimination Ordinance and expressed support for the proposed resolution.

Commissioner Cooney stated the Anti-Discrimination Ordinance was a statement that citizens in the City of Kalamazoo would not tolerate discrimination.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments When given a final opportunity for comments, the following citizens addressed the City Commission:

Asha Khazad, City resident, announced he would run for City Commission.

Creed Stegal, City resident, commended City Commission for their patience during trying times and urged citizens join various advisory boards and commissions. Mr. Stegal also thanked the City Commission for supporting the Anti-Discrimination Ordinance.

Cynthia Owens-White, City resident, expressed opposition to the placement of no-parking signs on North Church Street without seeking citizen input.

REGULAR MEETING OF AUGUST 3, 2009 Page 123 Citizen Comments Fred Lawrence, City resident, expressed disagreement with his (cont’d) understanding of Commissioner Anderson’s comments regarding homelessness at the July 20th City Commission Meeting.

Stacey Marek, City resident and Board President of Michigan Peoples’ Action (MPA), asked when the Request for Proposal (RFP) was released for the administration of Homelessness Prevention and Rapid Re-housing Program (HPRRP) funds and claimed the City was denying MPA the opportunity to submit an RFP.

Christopher Adams, City resident and member of MPA, questioned why MPA did not receive the RFP for administration of HPRRP funds.

Mattie Jordan-Woods, City resident and Executive Director of the Northside Association for Community Development (NACD), expressed opposition to the City placing no-parking signs on North Church Street without seeking citizen input first. Ms. Jordan- Woods also stated citizens should address issues and express their opinions at the ballot box rather than making personal attacks against people with whom they disagree.

78432 Chris Killian, City resident, spoke on behalf of Kalamazoo Single Payer Across the Nation (KSPAN) and asked the City Commission to adopt a RESOLUTION IN SUPPORT OF A STRONG, VIABLE, “PUBLIC OPTION” OR “ENHANCED MEDICARE FOR ALL” PROGRAM FOR HEALTHCARE REFORM. A copy of the proposed resolution was filed with the papers for this meeting.

Barb Barton, City resident, described her health condition and the associated cost of medical care and expressed support for a single-payer federal healthcare system. Ms. Barton requested the City Commission support a public healthcare option.

Joanne Johnson, City resident, described her inability to pay for health insurance and the need for a single-payer federal healthcare system. Ms. Barton requested the City Commission support affordable and accessible healthcare.

Philip Micklin, City resident, expressed support for a public healthcare option and urged the City Commission to take seriously the KSPAN resolution.

Chris Perry, City resident and member of MPA, spoke regarding the RFP for administration of HPRRP funds.

Lori Anne Tennison, City resident, spoke regarding poverty, homelessness, and the RFP for administration of HPRRP funds.

Dave Staiger, City resident, expressed support for a single-payer, public, healthcare option.

REGULAR MEETING OF AUGUST 3, 2009 Page 124 Ebony White, City resident, stated the City had denied a request from Shikoko Cantrell for a block party on Hoek Court, and she asked that this denial be reconsidered and more information be provided regarding the reason for the denial.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore expressed support for Public Safety’s community policing efforts but expressed concern about the “No Parking” signs on North Church Street because citizens were not consulted. Commissioner Moore stated the criteria for evaluating block party requests should be clear when citizens make application to the City Clerk. Commissioner Moore invited residents to participate in the National Night Out events on August 4th and the Sisters to Sisters III event on August 15th. Commissioner Moore expressed support for universal access to affordable healthcare and remarked on the three-year anniversary of the arrest of her nephew, Terrance Moore.

Commissioner Cooney remarked on federal healthcare reform and expressed support for the resolution submitted by KSPAN. Commissioner Cooney announced a town hall meeting on August 11th at the Kalamazoo Public Library to discuss healthcare reform.

Commissioner McCann offered remarks on the following: a letter signed by Mayor Hopewell to the Michigan congressional delegation regarding the clean-up of the Kalamazoo River; the recent death of Jerre Wilgus, who had been active on City advisory boards and commissions; and Commissioner Anderson’s work in the community.

Mayor Hopewell stated he enjoyed being a member of the Kalamazoo community and Kalamazoo City Commission. Mayor Hopewell noted the Kalamazoo had a representative form of government, not a direct democracy, but citizens still had the ability to vote on particular issues. Mayor Hopewell stated the City Commission’s decisions were educated decisions based on advice given by City staff.

Adjournment The meeting adjourned at 9:49 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on October 19, 2009

Approved by: ______Bobby Hopewell, Mayor Dated: October 19, 2009 NEIGHBORHOOD MEETING OF AUGUST 17, 2009 Page 125 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, August 17, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore*

COMMISSIONERS ABSENT: Mayor Bobby Hopewell Don Cooney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner Anderson, moved to Excused excuse the absences of Mayor Hopewell and Commissioners Cooney and Moore. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Arcadia Neighborhood Association Rex Brueggeman, Board President

Milwood Neighborhood Watch Association Ken Horton, President John Hilliard, Board Member

Woods Lake Neighborhood Association Jim Langerveld, President Frank Wolfe, Past President

Arcadia The Arcadia Neighborhood Association representatives: Neighborhood Association - distributed the August 2009 edition of the Arcadia Neighborhood Reminder newsletter. 78433 - invited Commissioners to an ice cream social on August 26th.

- noted workers had begun to construct a bike path along Arboretum Parkway and thanked the City Commission for ensuring the WMU Foundation and its contractors added this amenity.

*Commissioner Moore arrived at 6:03 p.m.

- inquired about the work plan and calendar for the Kendall Avenue cul-de sac-project.

NEIGHBORHOOD MEETING OF AUGUST 17, 2009 Page 126 City Engineer Frank Szopo stated the Kendall Avenue cul-de-sac project was in the design phase and would be completed in the Fall. City Engineer Szopo noted this project was included in the change order to the Local Streets budget approved by the Commission in April.

Milwood The Milwood Neighborhood Watch representatives: Neighborhood Watch - described recent events in the Neighborhood such as the Little League Softball World Series and National Night Out.

- expressed concern about the large number of solicitors going door-to-door and requested a complete ban on door-to-door solicitation and sales.

- reported a fund raiser in May had brought in $3,200.

- thanked Public Safety Officers for their help and assistance.

- commended the Public Services Department for pot hole repairs, helping with tall grass problems, and trash cleanup after storms.

- requested Portage Street be repaved between Lakeway and I-94 and between Alcott and Vassar.

- reported 3-foot high grass at the Kilgore Road/Portage Road/I-94 interchange and stated the Michigan Department of Transportation (MDOT) would mow this area only one time per year.

Woods Lake The Woods Lake Beach Neighborhood Association representatives: Beach Neighborhood - thanked City Engineer Szopo for his assistance with a sea wall problem.

- thanked Parks and Recreation Director Francis Jewell and Neighborhood resident Chris Bartley for their work on the parks.

- noted the Association was busy with park improvements.

Citizen Comments Next, and opportunity was given for citizens to address the City Commission, but no comments were made.

Adjournment The meeting adjourned at 6:26 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

NEIGHBORHOOD MEETING OF AUGUST 17, 2009 Page 127 For City Commission approval on October 19, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: October 19, 2009 REGULAR MEETING OF AUGUST 17, 2009 Page 128 A regular meeting of the Kalamazoo City Commission was held on Monday, August 17, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Reverend Vic Downing, Hospice Care of Southwest Michigan, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of local government officials Guests from Krygistan.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following changes:

Commissioner Miller requested that Item F-8 (acceptance of the deed for the Arboretum Parkway) be moved from the Consent Agenda to the Regular Agenda for discussion.

A citizen requested that Item F-4 (resolution approving ballot language for referendum of Ordinance 1856) the be moved from the Consent Agenda to the Regular Agenda for discussion.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78434 - 1) approval of an agreement with the Michigan Department of Transportation for the upgrade of traffic signals at eleven intersections along the Paterson Street and Drake Road Corridors in the amount of $296,894; and, 2) acceptance of a Federal Congestion Mitigation Air Quality grant in the amount of $$832,706. 78435 - approval of a contract with West Shore Services to upgrade the existing early warning system in the amount of $126,244, funded by American Recovery and Reinvestment Act Grant award.

REGULAR MEETING OF AUGUST 17, 2009 Page 129

78436 - approval of a purchase order with the Michigan Department of Transportation for the City's share of costs for street resurfacing on Reed Street from Burdick Street to Portage Street, Cork Street from Westnedge Avenue to Lovers Lane, Lovers Lane from Kilgore Road to approximately 170 feet south of Cork Street (including some water main replacement), and South Burdick Street from Cork Street to Crescent Drive using federal stimulus funding, in the amount of $112,700.

Resolution 09-58 - adoption of a RESOLUTION to set a public hearing on August 31, 78437 2009 to consider an application from Pharmacia & Upjohn Company, LLC for a PA 198 Industrial Facilities Tax Exemption Certificate for three + three years for personal property valued at $18,900,000 and six + six years for real property valued at $9,039,600 in existing Industrial Development District No. 76 located in Building 300 at 300 Portage Street, with a first year estimated abatement value of approximately $145,400 in city-only property taxes.

Resolution 09-59 - adoption of a RESOLUTION to approve the application from 78438 Farmers Alley Theatre, Inc. for a Redevelopment Liquor License under PA 501 of 2006 for property located at 221 Farmers Alley.

Resolution 09-60 - adoption of a RESOLUTION recognizing The West Michigan Glass Society as a non-profit organization operating in the 78439 community for the purpose of obtaining a charitable gaming license.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Addition of Policy Mayor Hopewell announced the addition of a policy item (healthcare Item reform) to the meeting agenda as Item J-1.

Regular Agenda Regular Agenda Items were considered next.

Resolution 09-61 An opportunity was given for citizens to comment on a RESOLUTION Approving Ballot setting November 3, 2009, as the election date and authorizing the Language re: the language to appear on the ballot regarding the referendum of Ordinance Referendum on No. 1856, but no comments were offered. Ordinance 1856 78440 Commissioner Cooney, seconded by Commissioner Anderson moved to adopt a RESOLUTION setting November 3, 2009, as the election date and authorizing the language to appear on the ballot regarding the referendum of Ordinance No. 1856.

REGULAR MEETING OF AUGUST 17, 2009 Page 130 With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Acceptance of An opportunity was given for citizens to comment on the acceptance of a Deed for quit claim deed from the Western Michigan University Foundation Arboretum conveying property to the city and dedicate the property as a public Parkway Held roadway to be known as the Arboretum Parkway, but no comments were offered. 78441

Commissioner McCann seconded by Vice Mayor McKinney moved to hold until August 31, 2009 consideration of a recommendation to accept a quit claim deed from the Western Michigan University Foundation conveying property to the city and dedicate the property as a public roadway to be known as the Arboretum Parkway.

Prior to a vote on the motion, Commissioner Miller asked the following questions: What are the remaining obligations for the WMU Foundation under their agreement with the City? What is the timeline for completion of the project? Will the City Commission need to take further action? Has the City Attorney reviewed the documents associated with the project? Will there be a resolution for the City Commission to consider on August 31st, and would the agreement with the WMU Foundation be available for review? Commissioner Miller expressed concern that this item has not been thoroughly reviewed by the City Attorney, and she expressed frustration that the City Commission was being asked to accept the property without knowing whether the WMU Foundation was agreeing to the final elements of the project.

In response to Commissioner Miller, City Manager Collard stated there he did not see the need for would be no new agreement and explained the City’s acceptance of the road was the extension of an agreement to support the development of the new Middle School, and he did not see the need for a supplemental agreement or resolution to accept the property as a public right-of-way. City Manager Collard reported there was a punch list of nominal improvements to be completed, and the project timeline called for the completion of project and transfer to the City by the beginning of the school year. City Manager Collard offered to provide the items on the punch list.

With a roll call vote this motion passed by a vote of 5-0 with two (2) abstentions.

AYES: Commissioners Anderson, Cooney, McCann, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

ABSTAIN: Commissioners Miller and Moore

REGULAR MEETING OF AUGUST 17, 2009 Page 131 City Manager’s City Manager Collard provided the following reports and updates: Report - Departmental Reports and Project Updates 78442 - CITYLink newsletter dated July 2009 - 2nd Quarter 2009 Employment Activity Report - July 2009 Purchasing Report

Recommendations City Manager Collard distributed and discussed a memo which re: Metro Transit communicated his recommendation to increase the Metro Transit fare for Fare Increases general adult riders from $1.35 to $1.50. City Manager Collard stated he had directed Transportation Director Bill Schomisch to develop affordable 78442 fare options for elderly, disabled, and low-income riders, and he indicated it was unlikely the City Commission would vote on the fare adjustments prior to the November 3rd election. A copy of the City Manager’s memo was filed with the papers for this meeting.

Commissioner McCann expressed support for the City Manager’s recommendation.

Vice Mayor McKinney thanked the City Manager for letting the Transit Authority Board do its work regarding the fare increase.

Presentation of Management Services Director and CFO Tom Skrobola reported on the the FY2008 Comprehensive Annual Financial Report (CAFR) for fiscal year 2008. Comprehensive Annual Financial Nathan Balderman from Rehman Robson reported the City had received Report (CAFR) an unqualified opinion from the auditors, and he indicated management 78443 had responded to all of the auditor’s findings.

Creation of a Mayor Hopewell recommended the appointment of Vice Mayor McKinney, Healthcare Reform Commissioner Cooney, and Commissioner McCann to a Healthcare Subcommittee Reform Subcommittee to consider a position resolution on the topic of 78444 healthcare reform. Mayor Hopewell asked that the Subcommittee do its work and report back to the City Commission according to a regular time line. Mayor Hopewell noted the Subcommittee’s meetings would be public meetings, with notices being posted by the City Clerk.

An opportunity was given for citizens to comment on the creation of a Healthcare Reform Subcommittee and appointment of Commissioners to the Subcommittee.

Chris Killian, City resident, spoke on behalf of Kalamazoo Single Payer Across the Nation (KSPAN) described recent events regarding healthcare reform and urged the City Commission to adopt a resolution supporting healthcare reform.

Joann Johnson, City resident, asked the City Commission to adopt a resolution supporting universal healthcare.

Edward James, City resident, urged the City Commission to adopt a resolution supporting healthcare reform and offered five general objectives for healthcare reform: universal healthcare; significant cost reductions; maximum freedom to choose physicians; no health insurance rejections during healthcare crises; and no REGULAR MEETING OF AUGUST 17, 2009 Page 132 Creation of a significant reductions for Medicare, Medicaid, and medical care for Healthcare Reform veterans. Subcommittee (cont’d) Terry Kuseske, City resident and Executive Director of the Northside Association for Community Development, remarked on 78444 the recent public discussions about healthcare reform in Kalamazoo and encouraged the City Commission to support a healthcare reform resolution.

Kai Phillips, City resident, stated it was not necessary or appropriate to form a subcommittee to consider healthcare reform, although the City may want to take actions on this issue in the future.

Commissioner Cooney, seconded by Commissioner Moore, moved to form a Subcommittee to examine a resolution on universal healthcare

Mayor Hopewell stated there would be public hearings on this issue

Prior to a vote on the motion, Commissioner Cooney expressed support for creation of the subcommittee. Commissioner Cooney expressed hope that the Subcommittee would have a resolution to present to the City Commission on August 31st, as Congress was recessed and would take up the healthcare issue by the second week in September.

Commissioner Moore stated the City Commission needed to take a position on healthcare reform and supported the creation of a subcommittee to consider citizens’ opinions.

Vice Mayor McKinney expressed support for the motion. Vice Mayor McKinney noted the timeline for developing a resolution was tight, and she suggested the Subcommittee have its first meeting by the end of the week.

Mayor Hopewell stated KSPAN presented its proposed healthcare reform resolution on August 3rd and noted the current meeting was the first opportunity for the City Commission to take action on the resolution since it was presented. Mayor Hopewell requested that wellness be a component of the City Commission’s healthcare reform resolution.

With a roll call vote the motion to create a Healthcare Reform Subcommittee passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Rose McKinney, City resident, spoke regarding problems with her neighbors.

REGULAR MEETING OF AUGUST 17, 2009 Page 133 Citizen Comments Angela Anderson, City resident, spoke regarding Healthy Babies- (cont’d) Healthy Start, a program that aimed to reduce infant mortality. Ms. Anderson invited City Commissioners, City Commission candidates, and County Commissioners to a “Chat with the Commissioners Forum” at 5:30 p.m. on September 11, 2009 at Stockbridge United Methodist Church.

Mattie Jordan-Woods, City resident, thanked the Public Safety Department for removing the “No Parking” signs on North Church Street and recommended further dialogue between residents and Public Safety staff on this issue.

Willie Menta, City resident, expressed support for the Healthcare Reform Subcommittee and asked that the Subcommittee submit a resolution to the City Commission for adoption on August 31st.

Robert J. Piellusch, City resident, spoke in opposition to development of the Old Colony Orchard property in Oshtemo Township. Mr. Piellusch asked the City Commission to adopt a resolution opposing this development.

Maggie Piellusch, City resident, spoke in opposition to development of the Old Colony Orchard property in Oshtemo Township.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore spoke regarding the Farmers’ Market; Kai Jackson and her work to take citizens to Lansing to address legislators; the Family Health Center’s Back to School Bash on August 21st; the Safehouse’s cookout/march on August 22nd; the Sistas on the Move event on August 8th; and the first day of school on September 8th.

Commissioner Cooney asked that someone from the Public Safety Department help Ms. McKinney.

Commissioner McCann remarked on his attendance at the Interfaith Strategy for Action and Advocacy in the Community (ISAAC) Fall Conference. Commissioner McCann noted the following events in Kalamazoo: the AME Church conference at the Radisson Hotel; the - Rock the Kids Festival; and the Dogs’ Day event at Kik Pool.

Mayor Hopewell remarked on the World Softball Championship, the dedication of Upjohn Park, and the upcoming Michigan Municipal League (MML) Convention in Kalamazoo. Mayor Hopewell volunteered to be the City’s official voting representative at the MML Convention, and there were no objections.

Closed Session Commissioner Miller, seconded by Commissioner Moore, moved to go into closed session to discuss pending litigation. With a voice vote the 78445 motion passed.

At 8:28 p.m. the City Commission went into closed session REGULAR MEETING OF AUGUST 17, 2009 Page 134 At 8:40 p.m. the City Commission came out of closed session.

Settlement of the Commissioner Anderson, seconded by Vice Mayor McKinney, moved to Lawsuit Karen authorize the City Attorney to accept or reject the case evaluation award Duckworth v City in the "Karen Duckworth v City of Kalamazoo" lawsuit, pursuant to the of Kalamazoo direction given in the closed session.

78446 With a roll call vote this motion passed by a vote of 6-0 with one (1) abstention.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Abstain: Commissioner Moore

Adjournment The meeting adjourned at 8:42 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on October 19, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: October 19, 2009 COMMITTEE OF THE WHOLE, AUGUST 28, 2009 Page 135 The Kalamazoo City Commission met as a Committee of the Whole on Friday, August 28, 2009 at 7:30 a.m. in the Community Room at City Hall, 241 W. South Street.

COMMISSIONERS PRESENT: Mayor Bobby Hopewell Roll Call Vice Mayor Hannah McKinney David Anderson Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Don Cooney

Also present were Deputy City Manager Jerri Barnett-Moore, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Moore, seconded by Commissioner Miller, moved to Excused excuse the absence of Commissioner Cooney.

Review of the The City Commission reviewed and discussed the agenda for its Regular August 31st Meeting Business Meeting on Monday, August 31, 2009. Agenda Item F-1 In response to a question from Commissioner McCann regarding Item F- 1, contracts for the purchase of fare box equipment, software upgrade, and ticket vending equipment, Transportation Director Bill Schomisch stated the new fare boxes would use swipe cards with magnetic strips, which would be programmable. Director Schomisch discussed the benefits of the new system, reviewed the different payment options that would be available, and discussed the flexibility of the technology.

Vice Mayor McKinney expressed frustration about the many methods of payment and stated the addition of another method of payment would seem to make the system more complicated for riders.

Commissioner McCann stated the installation of new technology was a step in the right direction but expressed concern that the fee structure and payment methods were a “hodge-podge”.

In response to a question from Commissioner Moore, Director Schomisch stated Metro Transit required a letter from a doctor to determine eligibility for a disability pass.

Item G-2 Regarding Item G-2, acceptance of a quit claim deed for the Arboretum Parkway, Commissioner Miller reported Community Planning and Development Director Jeff Chamberlain and City Engineer Frank Szopo had answered her questions about this item.

Item J-1 Regarding Item J-1, a resolution supporting healthcare reform, Commissioner Miller asked whether this item could be a proclamation rather than a resolution.

COMMITTEE OF THE WHOLE, AUGUST 28, 2009 Page 136 Review of the st Discussion followed regarding the content of the resolution, the speed August 31 Meeting with which the Healthcare Reform Subcommittee developed the Agenda (cont’d) resolution, and the format of the document (resolution or proclamation).

Mayor Hopewell asked for a motion regarding the format of the City Commission’s position statement on healthcare reform.

Commissioner Miller moved that the RESOLUTION SUPPORTING HEALTHCARE REFORM be converted to a proclamation.

This motion failed for lack of support.

Citizen Comments Finally, an opportunity was given for citizen comments, but no comments were offered.

Adjournment The meeting adjourned at 8:31 a.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 REGULAR MEETING OF AUGUST 31, 2009 Page 137 A regular meeting of the Kalamazoo City Commission was held on Monday, August 31, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Reverend John McNaughton, OSL, was followed by the Pledge of Allegiance.

Proclamation Commissioner Moore, on behalf of Mayor Hopewell, proclaimed September 2009 National Alcohol and Drug Addiction Recovery Month. 78447 Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

A citizen requested that Item F-3 (transit planning agreement) be moved from the Consent Agenda to the Regular Agenda for discussion.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:09 p.m. Mayor Hopewell opened a public hearing to receive public a Tax Abatement comments regarding a recommendation to adopt a RESOLUTION to for Pharmacia and approve an application from Pharmacia & Upjohn Company, LLC for a PA Upjohn Company 198 Industrial Facilities Tax (IFT) Exemption Certificate for three + three 78448 years for personal property valued at $18,900,000 and six + six years for real property valued at $9,039,600 in existing Industrial Development District No. 76 located in Building 300 at 300 Portage Street, with first year, new city property taxes estimated at $145,400 and a first year estimated abatement value of approximately $145,400 in city-only property taxes.

At 7:10 p.m. Mayor Hopewell closed the public hearing.

Resolution 09-62 Commissioner McCann, seconded by Commissioner Anderson, moved to Approving a Tax adopt a RESOLUTION to approve an application from Pharmacia & Abatement for Upjohn Company, LLC for a PA 198 Industrial Facilities Tax (IFT) Pharmacia and Exemption Certificate for three + three years for personal property valued Upjohn Company at $18,900,000 and six + six years for real property valued at $9,039,600 in existing Industrial Development District No. 76 located in Building 300 78448 at 300 Portage Street, with first year, new city property taxes estimated at $145,400 and a first year estimated abatement value of approximately $145,400 in city-only property taxes. REGULAR MEETING OF AUGUST 31, 2009 Page 138 With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78449 - approval of two contracts with GFI Genfare, Inc. for the purchase of farebox equipment, software upgrades, and ticket vending equipment for the Kalamazoo Metro Transit System in the aggregate amount of $583,406.

78450 - approval of a professional services contract with Perteet, Inc. for the completion of a Comprehensive Operational Analysis for the Metro Transit System in the amount of $149,821.

78451 - the granting of a special permit for three pet pigs to be kept at 136 E. Maple Street, subject to compliance with applicable statutes, ordinances, and health codes.

78452 - authorization for the City Manager to sign a quit claim deed and any related documents for 941 Bellevue Place to the State of Michigan in order to correct an error in the transfer of this tax foreclosed property.

78453 - a recommendation to the Kalamazoo County Board of Commissioners that Jerome Kisscorni be the City of Kalamazoo’s representative on the newly formed Kalamazoo County Land Bank Authority.

Commissioner Miller, seconded by Commissioner Cooney, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Pass Through When an opportunity was given for public comments on a Transit Agreement with Planning Agreement between the Kalamazoo Area Transportation Study KATS to Fund an and the City of Kalamazoo for conducting the transit planning Operational Comprehensive Operational Analysis for the Metro Transit System, the Analysis for the following citizens addressed the City Commission: Metro Transit System Beth Lewis, City resident, requested information on this agreement.

78454 REGULAR MEETING OF AUGUST 31, 2009 Page 139 Pass Through Commissioner McCann, seconded by Commissioner Moore moved to Agreement with approve a Transit Planning Agreement between the Kalamazoo Area KATS to Fund an Transportation Study and the City of Kalamazoo for conducting the transit Operational planning Comprehensive Operational Analysis for the Metro Transit Analysis for the System. Metro Transit System (cont’d) With a roll call vote this motion passed unanimously. 78454 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Contract with Transportation Director Bill Schomisch delivered a presentation on a Apple Bus for three-year contract with Apple Bus Company for the provision of Paratransit and specialized transportation services for the Kalamazoo Metro Transit Metro Demand/Respons County Connect ADA Paratransit and Demand/Response Program. e Transportation Discussion followed. Services When an opportunity was given for public comments on a three-year 78455 contract with Apple Bus Company for the provision of specialized transportation services for the Kalamazoo Metro Transit Metro County Connect ADA Paratransit and Demand/Response Program, the following citizens addressed the City Commission:

Brad Cosgrove, City resident, expressed support for the merger of the Care-A-Van and Metro Van services and stated Apple Bus must provide responsive service and pay decent wages. Mr. Cosgrove indicated he was pleased that Apple Bus would employ two, full-time mechanics.

Commissioner Cooney, seconded by Commissioner Moore, moved to approve a three-year contract with Apple Bus Company for the provision of specialized transportation services for the Kalamazoo Metro Transit Metro County Connect ADA Paratransit and Demand/Response Program in the amount of $7,889,100.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Resolution 09-63 When an opportunity was given for public comments on a RESOLUTION Accepting a Deed authorizing the City Manager to accept a quit claim deed from the for Arboretum Western Michigan University Foundation conveying property to the city Pkwy and and dedicate the property as a public roadway to be known as the Dedicating as a Arboretum Parkway, the following citizens addressed the City Public Roadway Commission:

78456 Patrick Lennon, non-resident and legal counsel for the WMU Foundation, spoke in favor of the proposed resolution.

REGULAR MEETING OF AUGUST 31, 2009 Page 140 Resolution 09-63 Beth Lewis, City resident, asked who paid for the road and Accepting a Deed whether it was legal for the City to build roads on private property. for Arboretum Pkwy and Rex Bruggemann, City resident, expressed support for the Dedicating as a construction of a bike path along Arboretum Parkway between Public Roadway Solon and Drake and asked that this path be completed soon. (cont’d) 78456 Commissioner McCann, seconded by Commissioner Miller, moved to adopt a RESOLUTION authorizing the City Manager to accept a quit claim deed from the Western Michigan University Foundation conveying property to the city and dedicate the property as a public roadway to be known as the Arboretum Parkway.

Prior to a vote on the motion, Commissioner Miller thanked City staff for answering her questions and stated she had faith the parties involved in this project would honor their promises.

Vice Mayor McKinney highlighted the partnerships that were necessary to complete this project, and she stated the project illustrated how Kalamazoo was able to “do partnerships.” Vice Mayor McKinney expressed interest in seeing the punch list of items to be completed.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Clerk’s City Clerk Borling reported packets for City Commission candidates would Report be available in the City Clerk’s Office beginning Wednesday, September 2nd. City Clerk Borling noted the filing deadline for City Commission candidates was Friday, October 2nd at 5:00 p.m.

Resolution 09-64 When an opportunity was given for public comments on a RESOLUTION Supporting in support of healthcare reform, the following citizens addressed the City Healthcare Reform Commission: 78457 Bob Schellenberg, City resident, expressed support for national healthcare reform.

Phillip Micklin, City resident, expressed support for the proposed resolution.

Beth Lewis, City resident, expressed support for the proposed resolution.

Frank Warren, City resident, expressed support for national health insurance.

Commissioner Moore, seconded by Commissioner Cooney, moved to adopt a RESOLUTION in support of healthcare reform.

REGULAR MEETING OF AUGUST 31, 2009 Page 141 Resolution 09-64 Prior to a vote on the motion, Commissioner Moore thanked the Supporting Subcommittee for drafting a good resolution and highlighted the Healthcare Reform disparities in healthcare provision. Commissioner Moore read from a (cont’d) statement by the NAACP regarding the plight of individuals without health insurance. 78457

Commissioner Anderson thanked the Subcommittee for its work and noted the following: the National League of Cities and the U.S. Conference of Mayors had asked the City Commission to adopt a resolution regarding healthcare reform because many local jurisdictions dealt with healthcare directly; the proposed resolution was personalized with information about the effect of healthcare costs to the City of Kalamazoo; and the proposed resolution was a recognition of the problem and a statement of principles, not a prescription for a solution.

Commissioner Cooney noted this resolution was created in response to requests from national organizations and a group of local citizens. Commissioner Cooney discussed the general principles in the proposed resolution and urged people in Kalamazoo to speak to their representatives in Washington about this issue.

Commissioner Miller stated she did not have any issues with the proposed ordinance, but she remarked on the speed with which the resolution was developed and expressed concern that this swiftness would set a precedent and create expectations for future requests from citizens. Commissioner Miller stated the City Commission should have a set process for dealing with requests for resolutions.

Mayor Hopewell stated emergency care was the most expensive type of care to provide, and any reform of the healthcare system would need to emphasize wellness and preventative care.

With a roll call vote the motion to adopt the resolution passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Jonathan Braun, City resident, spoke on behalf of Michigan Peoples’ Action (MPA) and discussed the administration of federal funds from the Homelessness Prevention and Rapid Rehousing Program (HPRRP).

Stacey Marek, City resident, spoke on behalf of MPA and asked why MPA representatives had not been invited to City meetings regarding HPRRP.

Max Conrad, City resident, read a press release from MPA regarding the HPRRP funds.

REGULAR MEETING OF AUGUST 31, 2009 Page 142 Citizen Comments Christopher Adams, City resident, spoke regarding the HPRRP funds. (cont’d) Kenyata Williams, City resident, spoke regarding corruption in local law enforcement agencies and the judicial system.

Phillip Micklin, City resident, expressed concern about pedestrian safety on Arboretum Parkway where an existing footpath crossed the new road. Mr. Micklin asked that a better crossing be installed.

78458 Tamara Mitchell, City resident, announced grants were available for dialysis service, food assistance, and utility assistance through the Jason and Tamara Mitchell Foundation. Materials provided by Ms. Mitchell were filed with the papers for this meeting.

Frank Warren, City resident, expressed opposition to spending $3.1 million for GPS systems on busses and expressed concern about traffic from Paramount Charter Academy in the parking lot of the Lynn Terrace Apartments.

Kai Phillips, City resident, thanked the staff in the Public Safety Department for their work.

Beth Lewis, City resident, spoke regarding the nominating process for City Commissioners, the money required to successfully campaign for the City Commission, and the movie Kalamazoo 1884.

Hugh Farr, City resident, thanked Public Safety Officers for their work.

Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: Kalamazoo’s 125th birthday; the back-to-school bash events organized by Katie Johnson and the Family Health Center; the Public Safety Leadership Academy; the first day of school on September 8th; citizen input regarding healthcare reform; Tamara Mitchell and her Foundation; new businesses being launched by Mt. Zion Baptist Church; the anniversary of Hurricane Katrina; the Ministry with Community/Kalamazoo Department of Public Safety softball game on September 9th; and opening of Tucker’s Ballroom Dance Studio on Farmers Alley.

Commissioner Miller remarked that she had recently lunched with Public Safety Chief Jeff Hadley and former Public Safety Chief John Ross. Commissioner Miller directed citizens to John Urschel, Records and Information Manager, for copies of the film Kalamazoo 1884.

Adjournment The meeting adjourned at 8:38 p.m.

Respectfully submitted,

Scott A. Borling City Clerk REGULAR MEETING OF AUGUST 31, 2009 Page 143 For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 REGULAR MEETING OF SEPTEMBER 8, 2009 Page 144 A regular meeting of the Kalamazoo City Commission was held on Tuesday, September 8, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney* Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner Miller, seconded by Vice Mayor McKinney, moved to Excused excuse the absence of Commissioner Cooney. With a voice vote the motion passed.

Invocation A moment of silence, in remembrance of the victims of the terrorist attack on September 11, 2001, was followed by the Pledge of Allegiance.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

*Commissioner Cooney arrived at 7:03 p.m.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78459 - approval of a three year term contract for industrial uniform rental and cleaning services with Continental Linen Services in the amount of $138,996 for staff use within the Department of Public Services and Parks and Recreation Department.

78460 - approval of a request from Western Michigan University to publicly display fireworks at Hyames Field on Saturday, September 19, 2009 during halftime of the CommUniverCity Night football game.

78461 - hold for consideration until September 21, 2009 a RESOLUTION approving the vacation of Whiskey Alley and the sale of a portion of Lot 9 relating to the planned renovation and redevelopment of the historical buildings in the 100 Block of East Michigan Avenue.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

REGULAR MEETING OF SEPTEMBER 8, 2009 Page 145 Consent Agenda With a roll call vote this motion passed unanimously. (cont’d) AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Nick Boyd, City resident, announced he was a candidate for the Kalamazoo City Commission. Commissioner Comments Next, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Moore expressed well wishes to Mr. Boyd and offered remarks on the following: a “Chat with Commissioners” hosted by Healthy Babies, Healthy Start of Kalamazoo on Friday, September 11th; a softball game between Ministry with Community members and the Kalamazoo Department of Public Safety on Wednesday August 9th; the Safehouse’s annual “March Against Drugs” on Saturday, September 12th; and the NAACP’s 100 Year Anniversary Celebration on the second Saturday in November.

Commissioner Miller commented on the first day of school and urged drivers to be safe.

Commissioner Cooney congratulated Mr. Boyd on his candidacy and remarked on the Day of Dignity event in Martin Luther King, Jr. Park on Saturday, September 12th.

Commissioner McCann highlighted the community’s success in suppressing youth violence in the City over the summer. Commissioner McCann thanked City Manager Collard and Public Safety Chief Jeff Hadley for their work to prevent youth violence.

Adjournment The meeting adjourned at 7:15 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on October 19, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: October 19, 2009 NEIGHBORHOOD MEETING OF SEPTEMBER 21, 2009 Page 146 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, September 21, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Sean McCann

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner Cooney, moved to Excused excuse the absence of Commissioner McCann. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Community Youth Ontrell Cortez-McKenzie, Summer Youth Employment Participants Javon Vincent, Summer Youth Employment Participants

Oakland Drive/Winchell Neighborhood Association Larry Ross, Chair

Vine Neighborhood Association Stephen Walsh, Executive Director Jennifer McVey, Board President

Community Youth The Community Youth representatives:

- described their experiences with the Summer Youth Employment Program (web design, publications, event planning, and landscaping).

- described new skills learned through Youth Opportunities Unlimited and FIRE.

- Mr. Cortez-McKenzie discussed his involvement with the Credit Retrieval Program and stated he was on track to graduate from Kalamazoo Central.

In response to a question from Commissioner Miller, Mr. Cortez- McKenzie stated he would be eligible for the Kalamazoo Promise, and Mr. Vincent stated he was not sure if he would be eligible for the Kalamazoo Promise because he had moved a lot.

NEIGHBORHOOD MEETING OF SEPTEMBER 21, 2009 Page 147 Community Youth In response to a question from Commissioner Cooney, Mr. Vincent stated (cont’d) he was currently working with FIRE and planning events to support musicians. Mr. Cortez-McKenzie stated he would graduate from Kalamazoo Central in January and intended to go to college.

Commissioner Moore congratulated Mr. Vincent and Mr. Cortez-Kennedy for their successful summers and encouraged them to tell other students about the Summer Youth Employment Program.

Mayor Hopewell encouraged Mr. Vincent and Mr. Cortez-Kennedy to stay involved in the community.

Oakland/Winchell The Oakland Drive/Winchell Neighborhood representative: Neighborhood Association - stated there were no complaints from neighborhood.

- expressed concern about the City-owned property at Oakland Drive and Parkview Avenue and the environmental impact of the former dry-cleaning business at that site.

78462 - distributed and discussed the most recent issue of The Advocate: An Assylum Lake Preservation Association Newsletter.

- thanked Public Safety for their help and assistance.

- commended the Public Services Department for repairing pot holes, assisting with tall grass problems, and cleaning up trash and debris after storms.

City Manager Collard reported the structure at the corner of Oakland Drive and Parkview Avenue was scheduled to be demolished by the end of the year, and he stated the City acquired the property to widen lanes and improve safety at the intersection.

Vine The Vine Neighborhood Association representatives: Neighborhood Association - thanked Public Safety Officers for their work to improve the quality of life in the Neighborhood.

- remarked on a new partnership between the Association and the Montessori School on Howard Street.

- reported on a successful Neighborhood open house held at the beginning of September.

- discussed the diversity of the Neighborhood.

- reported the Association had voted to support the Non- Discrimination Ordinance.

- stated he had talked with Kalamazoo County Treasurer Mary Balkema about the Kalamazoo County Land Bank and indicated she had expressed concern about lax code enforcement in the Neighborhood.

NEIGHBORHOOD MEETING OF SEPTEMBER 21, 2009 Page 148 Vine - reported great progress was made over the summer regarding Neighborhood code enforcement. Association (cont’d) - expressed support for the youth party ordinance.

- stated the Association’s primary role was to connect residents with resources and to advocate on behalf of the residents.

- indicated people in the Neighborhood were using social networking sites to organize activities like family gatherings.

In response to a question from Commissioner Anderson, Mr. Walsh stated the Association was working hard to promote the benefits of the Vine Neighborhood Enterprise Zone, and he had already noticed more moving families into the Neighborhood.

In response to a question from Commissioner Anderson, Mr. Walsh stated the El Sol School was growing and having positive effects on the Neighborhood.

Commissioner Anderson urged the Neighborhood representatives to be aware of opportunities for weatherization funding from Kalamazoo County.

Commissioner Moore commended the Neighborhood for its advocacy on behalf of the Anti-Discrimination Ordinance.

Ms. McVey indicated the Association Board of Directors would discuss the Metro Transit Millage issue at their next meeting.

Citizen Comments Next, when an opportunity was given for citizen comments, the following citizen addressed the City Commission:

Terry Kuseske, City resident, stated there were many opportunities to work at El Sol School.

City Commissioner Mayor Hopewell urged all City neighborhoods to be involved with the Comments Master Plan process.

Adjournment The meeting adjourned at 6:35 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 REGULAR MEETING OF SEPTEMBER 21, 2009 Page 149 A regular meeting of the Kalamazoo City Commission was held on Monday, September 21, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Sean McCann

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner Moore, seconded by Commissioner Anderson, moved to Excused excuse the absence of Commissioner McCann. With a voice vote the motion passed.

Invocation The invocation, given by Commissioner Cooney, was followed by the Pledge of Allegiance.

Proclamation Mayor Hopewell proclaimed September 2009 National Literacy Month and Library Card Sign-up Month. Ann Rohrbaugh, Director of the 78463 Kalamazoo Public Library (KPL), and Valerie Wright, President of the Board of Trustees for KPL, accepted the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following changes:

City Manager Collard requested that a fireworks application from Mavcon, Inc. be added to the Consent Agenda as item F-15.

Commissioner Moore requested that items F-2, F-3, and F-4 (actions related to the redevelopment of the 100 Block of East Michigan Avenue) be moved from the Consent Agenda to the Regular Agenda.

Citizens requested that items F-1 (purchase of fire hydrants), F-7 (contract with the Chamber of Commerce), and F-8 (acceptance of a COPS Hiring Recovery Program award) be moved from the Consent Agenda to the Regular Agenda for discussion.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

Resolution 09-65 - adoption of a RESOLUTION recognizing The Whole Art Theater, Inc. as a non-profit organization operating in the community for the 78464 purpose of obtaining a charitable gaming license. REGULAR MEETING OF SEPTEMBER 21, 2009 Page 150

Resolution 09-66 - adoption of Notice of Intent RESOLUTIONS for the issuance of Water Supply System Revenue Bonds in an amount not to exceed Resolution 09-67 $8.75 million and Wastewater System Revenue Bonds in an 78465 amount not to exceed $4 million for the purpose of financing capital projects included in the Fiscal Year 2009 Capital Improvement Program

78466 - adoption of a deficit elimination plan in accordance with Public Act 140 of 1971, for the Local Development Finance Authority, a component unit.

78467 - adoption of a deficit elimination plan in accordance with Public Act 140 of 1971, for the Kalamazoo Municipal Golf Association, both component units.

78468 - approval of three applications for Neighborhood Enterprise Zone certificates in the Vine Neighborhood Enterprise Zone.

78469 - approval of the updated list of Non-Bargaining Unit Employees exempt from Civil Service Protection.

78470 - approval of the following appointments to advisory boards and commissions:

- the appointment of Barbara Blissett to the Local Officers’ Compensation Commission for a term expiring on September 30, 2010.

- the appointment of Bradley Cosgrove to the Local Officers’ Compensation Commission for a term expiring on September 30, 2011.

- the appointment of Barbara Larson to the Local Officers’ Compensation Commission for a term expiring on September 30, 2012.

- the appointment of David Pawloski to the Local Officers’ Compensation Commission for a term expiring on September 30, 2015.

- the appointment of Karen Wellman to the Zoning Board of Appeals for a term expiring on September 30, 2010.

78471 - approval of a recommendation to hold until October 5, 2009 consideration of a quit claim deed conveying the City’s interest in 1512 Fairbanks Ct. to Devon Title of Kalamazoo, LLC, whose address is 800 East Milham, Suite 201, Portage, MI 49002, in consideration of $3,495.33 in payment of 1991 through 1996 foreclosed taxes.

78472 - approval of a request from Mavcon, Inc. to publicly display fireworks from the top deck of the Radisson Parking Ramp on Friday, October 2, 2009 as part of the Art Hop event.

REGULAR MEETING OF SEPTEMBER 21, 2009 Page 151 Consent Agenda Commissioner Miller, seconded by Commissioner Cooney, moved to (cont’d) approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Purchase of Fire When an opportunity was given for citizens to comment on a two-year Hydrants contract to purchase Waterous fire hydrants from ETNA Supply Company for an amount not to exceed $140,000, the following citizens addressed 78473 the City Commission:

Stacey Marek, City resident, inquired about the details of this purchase and noted the funds could be used to address the problem of homelessness.

Commissioner Miller, seconded by Commissioner Moore, moved to approve a two-year contract to purchase Waterous fire hydrants from ETNA Supply Company for an amount not to exceed $140,000.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Redevelopment City Manager Collard requested that the City Commission consider as of the 100 Block one item the following items related to the redevelopment of the 100 of East Michigan Block of East Michigan Avenue: Avenue

78474 - adoption of a RESOLUTION approving the vacation of Whiskey Alley and the sale of a portion of Lot 9 relating to the planned renovation and redevelopment of the historical buildings in the 100 Block of East Michigan Avenue.

- adoption of a RESOLUTION (a) approving the transfer of $400,000 from the Economic Initiative Fund and $101,000 from the Economic Opportunity Fund to the City of Kalamazoo Brownfield Redevelopment Authority; (b) approving the Preliminary Term Sheet in connection with the New Market Tax Credits sought by the developer; and (c) authorizing the City Manager to execute all documents that require the City’s approval relating to the Property and Project.

- adoption of a RESOLUTION that: (a) approves a $200,000 HOME grant, and (b) approves a $200,000 HOME loan, and (3) authorizes the City Manager to sign and execute all contracts and documents associated with the project in the 100 Block of East Michigan Avenue. REGULAR MEETING OF SEPTEMBER 21, 2009 Page 152 Redevelopment of By consensus the City Commission agreed to consider as one item the the 100 Block of three resolutions pertaining to the redevelopment of the 100 Block of East East Michigan Michigan Avenue. Avenue (cont’d) Executive Director of the Economic Development Corporation, Jerome 78474 Kisscorni, delivered a presentation regarding the redevelopment project and described the incentives being offered by the City and the Brownfield Redevelopment Authority. Director Kisscorni noted the City was offering its incentives at the beginning of the project so that the developers could secure the New Market Tax Credit from the State of Michigan.

In response to questions from Commissioner Cooney, Director Kisscorni stated the buildings in the 100 Block of East Michigan Avenue had been unoccupied for a long time.

Commissioner Cooney noted the downtown location of these buildings and the restrictions on redeveloping historic structures made the project complex, and he commended Director Kisscorni and the staff of the Downtown Development Authority for bringing the project to this point.

Commissioner Anderson stated deteriorating properties were not good for the City’s tax base. Commissioner Anderson explained the complex package of proposed incentives and gap financing for the East Michigan Avenue project was an example of cutting edge development. Commissioner Anderson stated this type of project was difficult to pull together, and he commended City staff for their efforts.

Mayor Hopewell remarked on the absence of opposition to the project, especially in light of the fact that past development proposals for these buildings had evoked criticism.

When given an opportunity to comment on the redevelopment of the 100 Block of East Michigan Avenue, the following citizens addressed the City Commission:

James Daly, President of Mavcon, Inc., expressed support for the motion.

Chris Perry, City resident, expressed concern about the Economic Initiatives Fund, Economic Opportunities Fund, and the project in general. Mr. Perry requested more information about the project and remarked on his inability to get a copy of the agenda packet for this meeting.

Max Conrad, City resident, expressed concern about the use of HOME funds for this project and requested information about the affordable housing units.

Kai Phillips, City resident, asked that citizens’ questions be answered before a vote was taken.

Michael Evans, City resident, asked whether the use of HOME funds for this project was in compliance with the City’s five-year Consolidated Plan. REGULAR MEETING OF SEPTEMBER 21, 2009 Page 153 Redevelopment of Commissioner Moore, seconded by Commissioner Anderson, moved to the 100 Block of adopt the following resolutions related to the redevelopment of the 100 East Michigan Block of East Michigan Avenue: Avenue (cont’d) - a RESOLUTION approving the vacation of Whiskey Alley and the Resolution 09-68 sale of a portion of Lot 9 relating to the planned renovation and redevelopment of the historical buildings in the 100 Block of East 78474 Michigan Avenue.

Resolution 09-69 - a RESOLUTION (a) approving the transfer of $400,000 from the Economic Initiative Fund and $101,000 from the Economic Opportunity Fund to the City of Kalamazoo Brownfield Redevelopment Authority; (b) approving the Preliminary Term Sheet in connection with the New Market Tax Credits sought by the developer; and (c) authorizing the City Manager to execute all documents that require the City’s approval relating to the Property and Project.

Resolution 09-70 - a RESOLUTION that: (a) approves a $200,000 HOME grant, and (b) approves a $200,000 HOME loan, and (3) authorizes the City Manager to sign and execute all contracts and documents associated with the project in the 100 Block of East Michigan Avenue.

Prior to a vote on the motion, and in response to a question from Commissioner Cooney, Director Kisscorni stated four residential units would utilize HOME funds and would therefore be subject to regulations from the U.S. Department of Housing and Urban Development (HUD).

Commissioner Cooney highlighted the fact that the City was investing $900,000 to create 72 full time jobs on a $10,000,000 project.

Commissioner Moore thanked Director Kisscorni for his presentation and expressed support for the motion.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Renewal of When given an opportunity to comment on a contract with the Kalamazoo Lobbying Contract Regional Chamber of Commerce in support of the Southwest Michigan with the Southwest Alliance, the following citizens addressed the City Commission: Michigan Alliance Tony Rhinehart, City resident, spoke in opposition to the proposed 78475 contract renewal.

Michael Evans, City resident, spoke in opposition to the proposed contract renewal.

Commissioner Miller, seconded by Commissioner Moore, moved to renew the contract with the Kalamazoo Regional Chamber of Commerce REGULAR MEETING OF SEPTEMBER 21, 2009 Page 154 Renewal of in support of the Southwest Michigan Alliance, a regional initiative to Lobbying Contract promote economic development through a common legislative agenda in with the Southwest an amount not-to-exceed $15,000. Michigan Alliance (cont’d) Prior to a vote on the motion, Commissioner Cooney explained the 78475 contract would support the Southwest Michigan Alliance, not the Chamber of Commerce, and would fund lobbying efforts in Washington.

Commissioner Moore noted the lobbying topics were limited to transportation, the environment, and higher education.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Acceptance of When given an opportunity to comment on the acceptance of a COPS COPS Hiring Hiring Recovery Program award of $1,911,340, the following citizens Recovery Grant addressed the City Commission:

78476 Michael Wood, City resident, expressed opposition to accepting the grant award.

Commissioner Cooney, seconded by Vice Mayor McKinney, moved to accept the COPS Hiring Recovery Program award of $1,911,340 from the U.S. Department of Justice and authorize the City Manager to sign the award document and other documents associated with this funding.

Prior to a vote on the motion, Commissioner Anderson expressed support for the acceptance of the COPS hiring grant.

Commissioner Moore requested that diversity goals be kept in mind as new officers were hired.

City Manager Collard stated the hiring grant would be used to retain 10 Public Safety Officers.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Contract for Transportation Director Bill Schomisch delivered a presentation regarding Program implementation of an Intelligent Transportation System. Director Management Schomisch noted the project would be funded with dollars from the Services for the American Recovery and Reinvestment Act funds could not be used for Intelligent operations. Transportation

System In response to a question from Commissioner Moore, Director Schomisch 78477 stated 100% of the project was federally funded. REGULAR MEETING OF SEPTEMBER 21, 2009 Page 155 Contract for Commissioner Moore, seconded by Commissioner Anderson, moved to Program approve a multi-year contract with Giffels LLC/IBI Group to provide Management Consultant and Program Management Services to the Transportation Services for the Department for its Intelligent Transportation System program design and Intelligent implementation in an amount not to exceed $359,435. Transportation System (cont’d) With a roll call vote the motion passed. 78477 AYES: Commissioners Anderson, Cooney, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Youth Party Commissioner Cooney, seconded by Commissioner Anderson, moved to Regulation offer for first reading an ORDINANCE to amend Chapter 22 of the Ordinance Kalamazoo City Code to add a section addressing youth party regulation and adult responsibility. 78478 Prior to a vote on the motion, Vice Mayor McKinney expressed concern about enforcement of the ordinance and how the definition of “responsible adult” would be applied to landlords and private colleges. Vice Mayor McKinney noted Public Safety Chief Jeff Hadley was not sure how officers would enforce the ordinance, and she suggested more work be done on this important issue.

Commissioner Miller remarked on Chief Hadley’s memo and questioned who would be accountable when parents were out of town.

Commissioner Cooney thanked Commissioner Moore for requesting this ordinance but suggested the ordinance be improved over the next two weeks.

Commissioner Anderson reported hearing concerns from landlords and noted there seemed to be a misunderstanding about the state laws on this topic.

Commissioner Moore stated enforcement of this ordinance would be challenging but not impossible. Commissioner Moore stated the proposed ordinance had started a dialogue, and she remarked on the number of organizations she had met with to discuss the ordinance. Commissioner Moore indicated she welcomed more input on the issue.

Mayor Hopewell requested clarification from Chief Hadley as to the usefulness of this tool for the Department Public Safety. Mayor Hopewell agreed that more input was needed but questioned whether the work could be done in two weeks.

Vice Mayor McKinney questioned if changes to the ordinance would require another first reading.

City Attorney Robinson stated he would have limited time to devote to the ordinance over the next week due to his involvement in the Michigan Municipal League convention. City Attorney Robinson explained the proposed ordinance had been vetted, to a degree, but he expressed REGULAR MEETING OF SEPTEMBER 21, 2009 Page 156

Youth Party interest in looking for other models, especially with help from the Public Regulation Safety Department. With the potential for significant changes to the Ordinance (cont’d) ordinance, City Attorney Robinson suggested that either the City Commission defeat the motion for first reading or that Commissioner 78478 Cooney withdraw his motion. City Attorney Robinson stated he could have a revised ordinance ready for the City Commission’s consideration at its second Regular Business Meeting in October.

Vice Mayor McKinney stated she wanted an ordinance that was enforceable and that had “teeth.”

In response to a question from Commissioner Moore, City Attorney Robinson clarified that he had asked Chief Hadley to review and comment on the proposed ordinance, but he had not asked the Chief to suggest alternative models or methods.

Commissioner Cooney withdrew his motion with the understanding that this ordinance would be resubmitted to the City Commission at its second Regular Business Meeting in October.

Mayor Hopewell encouraged Commissioners to help move this ordinance forward.

City Manager’s City Manager Collard provided the following reports and updates: Report 78479 - Departmental Reports and Project Updates - CITYLink newsletter dated August 2009 - July 2009 Purchasing Report

City Manager Collard noted Kalamazoo was be hosting the Michigan Municipal League (MML) Annual Convention this week, and he highlighted some of the convention sessions and events.

Report on the Laura Lam, delivered a report and presentation on the Homelessness Homelessness Prevention and Rapid Rehousing Program (HPRRP). Prevention and Rapid Rehousing Commissioner Anderson commended Director Chamberlain and Ms. Lam th Program (HPRRP) for the well-run, effective community meeting on September 14 regarding HPRRP. 78480 In response to a question from Commissioner Moore, Ms. Lam explained the HPRRP funds could be used for rental payments but not mortgage payments for homeowners facing foreclosure.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Frank Warren, City resident, offered comments on the General Motors Corporation and the G-20 meeting in Pittsburg.

Nick Boyd, City resident, spoke regarding ARRA funding, hiring Public Safety Officers from within the community, the youth party ordinance, and the need to support job creation and business development. REGULAR MEETING OF SEPTEMBER 21, 2009 Page 157 Citizen Comments Howard Steiner, City resident, spoke on behalf of Interfaith (cont’d) Strategy for Advocacy and Action in the Community (ISAAC) – Early Childhood Education Task Force and urged the City Commission to advocate for the restoration of funding for early childhood education programs.

78481 Ed Tarkowski, non-resident, spoke regarding an invoice for trash removal from his property at 1116 James Street and questioned whether the City ordinance allowed property owners to be billed for nuisance violations without a violation notice. Mr. Tarkowski submitted a picture of the trash that was removed from his property.

78482 Sean Briar, City resident, spoke on behalf of the Parks and Recreation Advisory Board (PRAB) and read a letter regarding proposed budget reductions and the Parks and Recreation Department.

Karen Wellman, City resident, announced her candidacy for the City Commission.

Kai Phillips, City resident, requested the resignation of Commissioner Moore and stated Commissioner Moore had improperly used City resources to send out letters advertising a private meeting with local ministers to discuss ways they could advocate on election issues.

Creed Stegall, City resident, commended the City Commission for being responsible stewards over the past two years and discussed a recent house fire on Elm Street. City Commissioner Comments Next, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Moore spoke regarding funding for early childhood education programs and encouraged citizens to contact their legislators on this issue.

Commissioner Miller noted elected and appointed officials from all over Michigan were in Kalamazoo for the MML convention.

Commissioner Anderson commented on the variety of topics covered on the City Commission agenda and the availability of information about agenda items on the City’s website. Commissioner Anderson noted the items on the agenda had involved over $5 million of federal funding from the American Recovery and Reinvestment Act. Finally, Commissioner Anderson read into the record the following letter from Commissioners Cooney and Moore dated September 17, 2009 on City Commission letterhead:

Dear Community Member:

You are cordially invited to attend a brief meeting with City Commissioners Don Cooney and Stephanie Moore to discuss REGULAR MEETING OF SEPTEMBER 21, 2009 Page 158 City Commissioner ballot measure questions for the November 3, 2009 Election. The Comments (cont’d) intent is to inform you on the facts of the issues and how it impacts the community. Additionally, attorney Dorphine Payne will discuss with you the law regarding churches and non-profits and what they can and cannot do regarding education and advocacy on election issues. The meeting will be held on Thursday, September 24, 2009, 9:30 a.m. - 11:00 a.m. at Mt. Zion Baptist Church, conference room, 120 Roberson. Please join us for this very important educational meeting. Contact Laura Ludwig at [the number] to RSVP no later than Wednesday, September 23rd. Thank you in advance for your participation.

Respectfully,

Don Cooney and Stephanie Moore City Commissioners

Commissioner Anderson questioned whether there was any law that reflected whether it was appropriate for this type of letter to be sent out on City Commission letterhead.

City Attorney Robinson explained the Michigan Campaign Finance Act prohibited the use of public funds for advocating on behalf of a ballot question, but he stated elected officials were exempt from this provision. City Attorney Robinson discussed a letter dated October 31, 2005 from the Secretary of State to David Murley, the Majority Counsel to the Michigan House of Representatives, which included the following statement: “The occasional, incidental use of public resources to communicate with a constituent or the media on a ballot question falls within the exemption, as there are no resources devoted to an effort to assist or oppose the qualification, passage, or defeat of that question.” City Attorney Robinson noted the letter did not advocate for or against a ballot measure, and therefore it did not violate the Michigan Campaign Finance Act.

Commissioner Cooney thanked PRAB for its letter regarding the FY2010 budget and offered remarks on the following topics: funding for early childhood education programs; the G-20 meeting taking place in Pittsburg; the Day of Dignity event in MLK Park; and the need for City Commission candidates to focus on issues and not people.

Mayor Hopewell spoke about the diversity of the City Commission and noted the campaign season pushed and pulled Commissioners in different directions.

Closed Session Commissioner Miller, seconded by Commissioner Anderson, moved to go 78483 into closed session to discuss labor negotiations. With a voice vote the motion passed.

At 9:30 p.m. the City Commission went into closed session

At 9:56 p.m. the City Commission came out of closed session. When the meeting resumed, Vice Mayor McKinney was absent.

REGULAR MEETING OF SEPTEMBER 21, 2009 Page 159 Collective Commissioner Moore, seconded by Commissioner Miller, moved to Bargaining approve the tentative collective bargaining agreement with the Agreement with Amalgamated Transit Union (ATU), Local 1093 for years February 2007 the ATU through February 2010.

78484 With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Miller, Moore, Mayor Hopewell

NAYS: None

Adjournment The meeting adjourned at 9:57 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 9, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 9, 2009 REGULAR MEETING OF OCTOBER 5, 2009 Page 159 A regular meeting of the Kalamazoo City Commission was held on Monday, October 5, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Reverend Michael Wang, Kalamazoo Chinese Christian Church, was followed by the Pledge of Allegiance.

Proclamations Commissioner Miller, on behalf of Mayor Hopewell, proclaimed October 4-10, 2009 Friends of the Library Week. David Sheldon, President, 78485 Friends of Kalamazoo Public Library, received the proclamation. Mr. Sheldon presented Friends of the Library book bags to City Commissioners.

78486 Commissioner Anderson, on behalf of Mayor Hopewell, proclaimed October 10, 2009 Step Out: Walk to Fight Diabetes Day. Dick Hewitt, committee member for Step Out: Walk to Fight Diabetes Day, received the proclamation. Mr. Hewitt distributed pamphlets on the Step Out event.

78487 Commissioner Moore, on behalf of Mayor Hopewell, read a proclamation urging the Michigan Legislature and the Governor to Preserve Early Childhood Care and Education Programs. Howard Steiner from Interfaith Strategy for Advocacy and Action in the Community (ISAAC) and Jacque Eatmon from Great Start Collaborative, received the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78488 - approval of a contract with North American Salt Company for the purchase of up to 8,000 tons of rock salt for a total amount not to exceed $487,240.

78489 - approval of a one-year contract for the purchase of sodium hypochlorite from KA Steel Corporation in the amount of $107,360. REGULAR MEETING OF OCTOBER 5, 2009 Page 160 Consent Agenda - first reading of an ORDINANCE to amend Section 38-14 of the (cont’d) Kalamazoo City Code of Ordinances to allow customers to contract 78490 with private contractors to install City water services.

Resolution 09-71 - adoption of a Michigan Department of Consumer & Industry 78491 Services, Liquor Control Commission RESOLUTION to transfer the stock of a Class C-SDM licensed business, located at 3642 & 3645 Vanrick (Continental Bowling Lanes), Kalamazoo, MI 49002, wherein Dason V. Slack Jr. transfers 333 shares of stock to each new stockholder, Linda Z. Slack and James C. Zeman.

78492 - acceptance of a JAG award of $127,626 from the U.S. Justice Department and authorize the City Manager to sign the Grant award and special conditions document.

78493 - acceptance of a Wellhead Protection Grant of $70,000 from the Michigan Department of Environmental Quality and authorize the City Manager to sign the contract and all related documents.

78494 - acceptance of the Southwest Commercial Auto Recovery matching grant award of $48,357 for the purpose of continuing funding for an auto theft investigator for one year from the Automobile Theft Prevention Authority at the Michigan State Police.

78495 - acceptance of funding from Milwood Elementary School for $1,642 to fund a Lunch n Learn program 3 days per week from October 6, 2009 – December 16, 2009 at Milwood Elementary School and authorize that City Manager sign all contracts and related documents.

78496 - authorization for Public Safety to continue a partnership with Kalamazoo Regional Education Service Agency for the Education for Employment Law Enforcement Program for the 2009-10 school year and to authorize the City Manager to sign the contract and all related documents to operate the KRESA EFE Law Enforcement Program.

78497 - approval of the granting of a drainage easement across City owned property to the Michigan Department of Transportation to allow the placement and maintenance of a storm sewer outlet for the new East Michigan Avenue pump station.

78498 - authorization for the City Manager to sign a “Third Amendment to Water Tower Option and Lease Agreement (1313 Edgemoor)” so as to allow Verizon to place an additional antenna on the water tower.

78499 - approval of a quit claim deed conveying the City’s interest in 1512 Fairbanks Ct. to Devon Title of Kalamazoo, LLC, whose address is 800 East Milham, Suite 201, Portage, MI 49002, in consideration of $3,495.33 in payment of 1991 through 1996 foreclosed taxes.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

REGULAR MEETING OF OCTOBER 5, 2009 Page 161 Consent Agenda With a roll call vote this motion passed unanimously. (cont’d) AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Clerk’s Report City Clerk Borling reported the following items: 78500 - the following lawsuits were received and referred to the City Attorney’s Office:

- Sam Dixison III v City of Kalamazoo Department of Public Services

- Nathaniel Vlietstra v City of Kalamazoo

- West Michigan Woods Limited Dividend Housing Association Limited Partnership v City of Kalamazoo

- Carley Frederick v City of Kalamazoo and Jeffrey Deblecourt

- Kris L. Jones v Kalamazoo Metro Transit, City of Kalamazoo, and Kenneth Duane Rife

- the City Commission received as informational a letter from U.S. Senator Carl Levin regarding City Commission Resolution 09-64, A RESOLUTION IN SUPPORT OF HEALTHCARE REFORM.

- the City Commission received as informational the Report of Determination from the Local Officers’ Compensation Commission.

- the City Commission has received as informational minutes of the following advisory boards and commissions:

- Dangerous Buildings Board - Thursday, August 06, 2009

- Environmental Concerns Committee - Wednesday, August 19, 2009

- Kalamazoo Historic District Commission - Tuesday, May 19, 2009 - Tuesday, June 16, 2009 - Tuesday, July 21, 2009 - Tuesday, August 18, 2009

- Kalamazoo Historic Preservation Commission - Tuesday, March 10, 2009 - Tuesday, June 09, 2009 - Tuesday, July 14, 2009 REGULAR MEETING OF OCTOBER 5, 2009 Page 162 City Clerk’s Report - Kalamazoo Transit Authority Board (cont’d) - Friday, June 26, 2009 78500 - Friday, July 24, 2009

- Pension Board - Wednesday, September 02, 2009

- Planning Commission - Tuesday, January 06, 2009 - Thursday, August 06, 2009

- Zoning Board of Appeals - Thursday, August 13, 2009

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Nick Boyd, City resident, spoke regarding the Lunch and Learn program at Milwood Elementary School and the Public Safety Department’s involvement with the Education for Employment Law Enforcement Program.

Monica Westover, City resident, spoke regarding the Colony Orchard property, the Kalamazoo County Commission, the City Clerk and elections in Kalamazoo, the Open Meetings Act, and her inability to address the City Commission during Citizen Comments because of the bus schedule and the placement of Citizen Comments at the end of the meeting agenda.

Jan Stowe, City resident, spoke regarding the referendum question for Ordinance 1856 on November 3rd ballot.

78501 Daniel Humiston, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell Neighborhood. Mr. Humiston submitted written comments as well as correspondence from Mr. Bradley Miller.

78502 Jennifer Frea, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell Neighborhood. Ms. Frea’s written comments were filed with the papers for this meeting.

78503 Daniel Taylor, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell Neighborhood. Mr. Taylor’s written remarks were filed with the papers for this meeting.

78504 Hope Harmon, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell REGULAR MEETING OF OCTOBER 5, 2009 Page 163 Citizen Comments Neighborhood. Ms. Harmon requested an official site plan for the (cont’d) project and soil samples. Ms. Harmon’s written remarks were filed with the papers for this meeting.

78505 Billie Netterwald, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell Neighborhood. Ms. Netterwald submitted written remarks and photographs as well as correspondence from Mr. Jack Agate.

78506 Curtis Leip, City resident, spoke regarding the development of property on Stadium Drive for a new BW3 restaurant and the effect of this development on properties in the Oakland/Winchell Neighborhood. Mr. Leip’s written remarks were filed with the papers for this meeting.

78507 Michael Wood, City resident, requested the Mayor meeting with representatives from Michigan Peoples’ Action (MPA) to discuss affordable housing issues. Mr. Wood submitted a written request, which was filed with the papers for this meeting.

Patricia Aldering, City resident, spoke regarding the need for an ordinance prohibiting dog-tethering and offered to work with the City to develop such an ordinance.

Beth Lewis, City resident, spoke regarding the high cost of energy and announced she was not running for City Commission. Commissioner Comments Finally, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Moore requested more information regarding the concerns of resident in the Oakland/Winchell Neighborhood. Commissioner Moore remarked on the following issues: the elimination of cable/internet service at Interfaith Homes; an article about Public Safety Chief Jeff Hadley in the current issue of Encore Magazine; the Safe Kids Walk to School event on Wednesday, October 7th; the 50th anniversary of The Friends of Kalamazoo Public Library; the Making Strides for Breast Cancer walk on October 10th; recently completed renovations at First United Methodist Church; and weatherization workshops being hosted by the Kalamazoo County Community Action Agency. Commissioner Moore asked if companies offering energy billing services were valid and whether these companies were allowed to solicit door-to-door.

Commissioner Cooney thanked the residents in the Oakland/Winchell Neighborhood for speaking and stated he would visit the site of the new BW3 restaurant himself. Commissioner Cooney asked Ms. Aldering to submit examples of tethering ordinances in other communities.

Commissioner McCann offered remarks on the following topics: a forum about renters insurance on October 23rd at the American Red Cross offices; increased enrollment figures for Kalamazoo Public Schools and the positive effects of the Kalamazoo Promise; and the article about Chief Hadley in Encore Magazine. REGULAR MEETING OF OCTOBER 5, 2009 Page 164 Commissioner Mayor Hopewell offered condolences to Battle Creek Mayor Mark Behnke Comments (cont’d) on the death of his mother. Mayor Hopewell requested a staff report regarding the concerns of Oakland/Winchell Neighborhood residents and noted the Comprehensive Plan process could be used to address these issues. Mayor Hopewell congratulated Commissioner Moore on her recent engagement.

Adjournment The meeting adjourned at 8:22 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 NEIGHBORHOOD MEETING OF OCTOBER 19, 2009 Page 165 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, October 19, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Miller, seconded by Commissioner McCann, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Oakwood Neighborhood Association Michael Markel, President Cheryl Lord, Executive Director

Stuart Area Restoration Association Jean Harden, President Matthew Baldwin-Wilson, Executive Director

Oakwood The Oakwood Neighborhood representatives: Neighborhood Association - introduced Michael Markel, the new Board President.

78508 - distributed the October issue of The Oakwood Times.

- reported on the success of the Neighborhood’s summer youth program, which was funded by a City Commission Initiative Fund grant.

- indicated the Board of Directors had updated the Association’s strategic plan, and a consultant was working with the Board to make the Association more self sustaining.

- noted there were two Building Blocks sites in the Neighborhood and thanked Jeff Bye for picking up trash from these sites during the project.

- reported the Association would be assisting with the weatherization of 10 homes.

NEIGHBORHOOD MEETING OF OCTOBER 19, 2009 Page 166 Oakwood - thanked the City for letting the Association use a lot on Neighborhood Springmont for a Community Garden and remarked on the Association success of the project. (cont’d) - stated the Association was working to improve the parks at Woods Lake.

- reported the Summer Youth Employment participants did good work.

- commended Neighborhood Liaison Officer (NLO) Lakisha Jones and Public Safety Officer (PSO) Chris Hancock for their work in the Neighborhood.

- reported the Association was in need of funding for its after school program beginning in Fall 2010.

- noted four or five houses in the 2400 block of Logan Avenue had been experiencing a sulfurous smell and taste in their water.

- expressed concern about the lack of safety for pedestrians at the intersection of Parkview Avenue and Oakland Drive.

- stated the Association was trying to raise funds for much-needed maintenance and repairs at the neighborhood center.

In response to a question from Commissioner Miller, Mr. Markel stated the food from the Community Garden was distributed to the participants, and any extra food was given to needy people.

Commissioner Cooney noted the City Commission would be taking action at its 7:00 meeting on an item related to the Oakland/Parkview intersection.

Stuart Area The Stuart Area Restoration Association representatives: Restoration Association - reported the Association had been participating in Plan Kalamazoo and the CDBG Consolidated Plan processes.

- stated the Association was in the process of reviewing its own strategic plan.

- highlighted the need for changes to the City’s zoning regulations to address specific characteristics of the Stuart Neighborhood.

78509 - distributed small chalkboards to Commissioners to illustrate that the Association wanted to have a clean slate with the City.

- expressed optimism that residents and City officials could work together to help the Stuart Neighborhood remain “a jewel in the City’s crown.”

Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

NEIGHBORHOOD MEETING OF OCTOBER 19, 2009 Page 167 Adjournment The meeting adjourned at 6:21 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 REGULAR MEETING OF OCTOBER 19, 2009 Page 168 A regular meeting of the Kalamazoo City Commission was held on Monday, October 19, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner McCann, seconded by Commissioner Moore, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote, the motion passed.

Invocation The invocation, given by Reverend Ron L. Coleman, Emmanuel Church of God in Christ, was followed by the Pledge of Allegiance.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

Commissioner Cooney requested Item F-4 (acceptance of funds for Apple Ridge housing development and various park upgrades) be moved to the regular agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78510 - approval of a second six-month contract extension to purchase Powdered Activated Carbon from Calgon Carbon Corporation in the amount of $707,370.

78511 - approval of an increase to the City’s 2009 Major Streets CIP Budget for the Oakland Drive/Parkview Avenue Intersection Improvement Project in the amount of $30,000 from the City’s Brownfield Redevelopment Authority to cover half the estimated costs associated with demolition of the former Superior Cleaners Building and $80,000 from existing Bond Funds for a total project cost of $110,000.

78512 - acceptance and authorization for the City Manager to sign the award package from the U.S. Department of Energy to receive $762,200 for the City Hall Energy Optimization and Demonstration Project.

REGULAR MEETING OF OCTOBER 19, 2009 Page 169 Consent Agenda (cont’d) - acceptance of the 2009 Bulletproof Vest Grant awards in the 78513 amount of $7,973 from the Office of Justice Programs.

78514 - a recommendation to offer for first reading an ORDINANCE to revise Section 22-42 of the Kalamazoo Code of Ordinances which makes it unlawful for a minor to possess or consume alcohol and to bring the ordinance in compliance with the corresponding state statute and recent Court of Appeals decision.

78515 - approval of the City Commission minutes from the Neighborhood Meetings on August 17 and September 21, 2009, the Committee of the Whole Meeting on August 28, 2009, and the Business Meetings on August 3, August 17, August 31, and September 8, 2009.

78516 - a recommendation to hold until November 2, 2009 authorization for the City Manager to sign a “Purchase Agreement” that would allow the City to acquire a vacant lot at 1214 Bryant Street to allow for additional parking by Public Safety officers.

78517 - a recommendation to hold until November 2, 2009 adoption of a RESOLUTION dedicating and accepting Full Circle Drive as a public street, and authorizing the City Manager to execute a quit claim deed in conjunction with the Brownfield Redevelopment Authority conveying Full Circle Drive to the City.

Commissioner Anderson, seconded by Commissioner McCann, moved to approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Prepayment of Commissioner Cooney asked City Manager Collard to clarify the following Apple Ridge statement from the Agenda Report regarding the prepayment of a HOME HOME Loan loan for Apple Ridge affordable housing development: “A tentative 78518 agreement has been reached whereby the owners will pay to the City the full Net Present Value of the future value of the $850,000 which would have been paid to City during the years 2024 through 2035.”

City Manager explained that “net present value” was the amount that would need to be invested today in order to equal the value of the loan payments that would be due between 2024 and 2035.

Commissioner Anderson noted HOME loans were often forgiven, so this was an unusual but overall positive outcome given the situation. Commissioner Anderson stated the new owner had been making improvements to the property.

REGULAR MEETING OF OCTOBER 19, 2009 Page 170 Prepayment of An opportunity was given for citizens to comment on a recommendation Apple Ridge to: a) accept $331,075.77 as a HOME loan prepayment for the Apple HOME Loan Ridge affordable housing development at 2233 Flower Street; b) accept a (cont’d) $7,500 donation to be used for upgrades to a park in the Edison or Milwood Neighborhoods; and, c) and authorize the City Manager to sign 78518 all necessary documents, but no comments were offered.

Commissioner Cooney, seconded by Commissioner Moore, moved to: a) accept $331,075.77 as a HOME loan prepayment for the Apple Ridge affordable housing development at 2233 Flower Street; b) accept a $7,500 donation to be used for upgrades to a park in the Edison or Milwood Neighborhoods; and, c) and authorize the City Manager to sign all necessary documents.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

Ordinance 1859 An opportunity was given for citizens to comment on an ORDINANCE to re: Private amend Section 38-14 of the Kalamazoo City Code of Ordinances to allow Installation of customers to contract with private contractors to install City water Water Service services, but no comments were offered. 78519 Commissioner McCann, seconded by Commissioner Miller, moved to adopt an ORDINANCE to amend Section 38-14 of the Kalamazoo City Code of Ordinances to allow customers to contract with private contractors to install City water services.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

First Reading of An opportunity was given for citizens to comment on the first reading of Social Gathering an ORDINANCE to amend Chapter 22 of the Kalamazoo City Code of Ordinance Ordinances to add Section 22-64 addressing the regulation of, and 78520 responsibility for, under-age drinking and use of controlled substances at social gatherings, but no comments were offered.

Commissioner Cooney, seconded by Commissioner Moore, moved to offer for first reading an ORDINANCE to amend Chapter 22 of the Kalamazoo City Code of Ordinances to add Section 22-64 addressing the regulation of, and responsibility for, under-age drinking and use of controlled substances at social gatherings.

Prior to a vote on the motion, Commissioner Miller stated the City Attorney had circulated a memo indicating this issue was already addressed in state law, and she expressed concern about the REGULAR MEETING OF OCTOBER 19, 2009 Page 171

First Reading of unnecessary duplication of these laws in City ordinance. Commissioner Social Gathering Miller expressed support for the sunset clause in the proposed ordinance. Ordinance (cont’d) With a roll call vote this motion passed.

78520 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided the following reports and updates: Report 78521 - Departmental Reports and Project Updates - CITYLink newsletter dated September 2009 - September 2009 Purchasing Report

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Claus Globig, City resident, stated he did not receive a public notice for the Zoning Board of Appeals hearing on October 8th regarding the installation of lights at Kalamazoo Christian High School. Mr. Globig also remarked on reports and articles he had submitted to the Mayor and Vice Mayor in 2007 regarding PCB’s.

Jan Stowe, City resident, spoke regarding Exodus International, an organization that assisted people who had unwanted homosexual desires.

Nick Boyd, City resident, spoke regarding resource sharing with neighboring local governments and other initiatives he supported as a City Commission candidate.

Jimmy Ayers, City resident, expressed opposition to the investment of public funds in a sports complex and stated the money would be better used to provide housing and utility assitance for low-income and homeless people.

78522 Patricia Aldering, City resident, expressed support for an ordinance limiting the amount of time dogs could be tethered. An information packet submitted by Ms. Aldering was filed with the papers for this meeting.

Melissa Montagne, City resident, expressed support for an ordinance limiting the amount of time dogs could be tethered.

Ginger Miller, City resident, expressed support for an ordinance limiting the amount of time dogs could be tethered.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: free dental health clinics available through the Kalamazoo County Department of REGULAR MEETING OF OCTOBER 19, 2009 Page 172 City Commissioner Health and Community Services; a service celebrating Superintendent Comments (cont’d) CG Charles‘s 25 years in ministry at Tabernacle Church of God in Christ; the Northside Ministerial Alliance Annual Prayer Breakfast on October 20th; an upcoming meeting of Healthy Babies-Healthy Start; the Onyx Society Alumni Reception at WMU; a workshop on financial literacy sponsored by the Northside Association for Community Development (NACD); the new Emergency Services Guide available at Kalamazoo Public Library; parent-teacher conferences for Kalamazoo Public Schools; a successful season for Rocket Football players and their families; the business Things of Steel at 432 E. Paterson Street; and new businesses started through the Kingdom Business 2009 program at Mt. Zion Baptist Church.

Commissioner Miller welcomed students from Western Michigan University (WMU) to the meeting and expressed appreciation to Jeff Hadley for a memo regarding the Public Safety Department’s accomplishments during his first year as Public Safety Chief.

Commissioner Anderson highlighted items on the Consent Agenda regarding energy efficiency and environmental remediation.

Commissioner Cooney discussed the recent Kalamazoo Gazette series on homelessness and discussed Peace Week events that would take place at WMU.

Mayor Hopewell remarked on the Light the Night and Zombie Walk events that took place over the weekend, and he remarked on the community open house at Linden Grove Middle School.

Adjournment The meeting adjourned at 7:51 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 2, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 2, 2009 WORK SESSION OF OCTOBER 26, 2009 Page 173 A Work Session of the Kalamazoo City Commission was held on Monday, October 26, 2009 at 6:00 p.m. in the City Commission Chambers at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann* Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Miller, moved to Excused excuse the absence of Commissioner McCann. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

*Commissioner McCann arrived at 6:07 p.m.

Budget Presentation City Manager Collard provided a brief overview of the FY2009 budget development and monitoring process, the City Commission actions taken 78523 on August 3rd regarding budget reductions, and the process for developing the proposed reductions. City Manager Collard expressed empathy for the community and City employees about the budget and service reductions. City Manager Collard delivered a presentation entitled 2009-2010 Budget: City Commission 3rd Quarter Budget Presentation. Public Safety Chief Jeff Hadley, Community Planning and Development Director Jeff Chamberlain, and Parks and Recreation Director Frances Jewell discussed the proposed reductions and service impacts in their departments. A copy of the City Manager Collard’s PowerPoint presentation was included with the papers for this meeting.

City Manager Collard requested that the City Commission approve an amendment to the position allocations for FY2009 that would reduce the number of allocated positions by 32, including the layoff of 12 employees.

Discussion of the Following the presentation, City Commissioners were given the Budget Presentation opportunity to ask questions. Discussion followed.

In response to a question from Commissioner Moore, City Manager Collard stated the contribution to the Downtown Development Authority (DDA) was a commitment the City had made, which was offset by financial commitments from the DDA to the City. City Manger Collard indicated fiscal planning and collective bargaining agreement changed made ideas like furloughs more time consuming to implement. City Manager Collard stated services should not be affected too much on an average day, but emergency situations would reveal the City’s WORK SESSION OF OCTOBER 26, 2009 Page 174 Discussion of the vulnerabilities. City Manager Collard reported the Administration was Budget Presentation placing a high priority on the search for new funding sources. (cont’d) 78523 Commissioner Cooney stated the City must play a bad hand, and he expressed appreciation to City Manager Collard and City staff. Commissioner Cooney indicated the proposed budget reductions struck a balance between the needs of the community and City staff, although both would be hurt.

City Manager Collard clarified the proposed position eliminations and explained the elimination of positions at this time would mean no position eliminations in 2011, according to the best projections available.

Commissioner Anderson remarked on the lag time between the economic downturn and the effect of the downturn on property values.

In response to a question from Commissioner Anderson, City Manager Collard stated the City Commission’s policy, as expressed in the Five- Year Fiscal Plan, was to maintain a Fund Balance of 13-15%. City Manager Collard explained that lowering the fund balance could negatively affect the City’s bond rating and would result in the City needing to borrow more through Tax Anticipation Notes.

In response to a question from Commissioner Miller, City Manager Collard reported two employees would be eligible for full retirement, four or five would be eligible for reduced retirement, and five union employees had bumping rights. City Manager Collard explained an early retirement program was not a “silver bullet” because the City would need to offer the program to similarly qualified employees.

In response to a question from Commissioner McCann, City Manger Collard stated the proposed position eliminations, if approved, would have an effect on the FY2010 budget.

City Attorney Robinson explained the City Commission was not being asked to take action on the FY2010 budget, so there was no impediment to the Commission taking the recommended action.

In response to a question from Commissioner McCann, City Manager Collard explained the Project Management Team had discovered a $1 million shortfall in the Major and Local Streets Budget for 2010 relative to the figure presented for this line item in the FY2009 Budget.

City Manager Collard noted the proposed budget reductions were an attempt to smooth the path to the “new normal,” and for this reason half the Budget Stabilization Fund would be spent in 2010, and half would be spent in 2011. City Manager Collard stated the grant-funded Public Safety Officers were not in danger of automatically losing their jobs in three years as retirements and career moves would most likely open non- grant funded positions for these officers.

In response to a question from Commissioner McCann, Human Resources Director Jerome Post stated an employee who was close to retirement eligibility had enough vacation time to carry her to the date. WORK SESSION OF OCTOBER 26, 2009 Page 175

Discussion of the In response to a question from Commissioner Moore, City Manager Budget Presentation Collard stated the budget reduction proposal represented the best work of (cont’d) department directors, and the City Commission would need to change the budget development parameters if it wanted a different result. 78523 In response to a question from Mayor Hopewell, City Clerk Borling reported one Clerk’s Office position being eliminated was vacant, and one position was occupied.

In response to a question from Mayor Hopewell, City Attorney Robinson stated two members of the City Attorney’s Office would have their work schedule reduced to 32 hours per week.

In response to a question from Mayor Hopewell, Internal Auditor Ann Videtich stated her non-personnel budget had been reduced.

Recess The meeting recessed at 8:23 p.m. The meeting resumed at 8:36 p.m.

Citizen Comments When an opportunity to comment on the proposed position reductions, on the Proposed the following people addressed the City Commission: Position Eliminations Tony Wright, non-resident, spoke on behalf of the Kalamazoo Municipal Employees Association (KMEA) and expressed concern about the proposed position reductions and the extra work the remaining employees would need to do. Mr. Wright stated the Association was interested in saving positions and was willing to work with the City Administration on issues like wage freezes, furloughs, and benefit reductions. Mr. Wright indicated KMEA was willing to forgo wage increases and other benefits as long as these reductions were applied across the board to all employees.

Lionel Ford, City resident and Vice President of KMEA, stated the position reduction proposal was not equitable as 11 of the 17 positions being eliminated were KMEA positions. Mr. Ford stated the position reduction proposal was based on speculative information and noted the economy was improving. Mr. Ford reported employee morale was down.

Amendment to the Vice Mayor McKinney, seconded by Commissioner Anderson, moved to Position Allocations amend the allocated positions in the 2009 General Fund by the reduction for the FY2009 of 32 FTE’s and for this reduction in force to be effective no later than Budget December 31, 2009. The positions to be eliminated are as follows:

City Clerk’s Office Accounts Coordinator/Secretary City Clerk’s Office Records and Information Manager Human Resources Training and Development Spec. Information Technology GIS Analyst Information Technology Database Administrator Management Services Clerk Cashier I Management Services Property Appraiser III Management Services Assessment/Treasury Clerk Management Services Administrative Secretary Management Services Pension Analyst WORK SESSION OF OCTOBER 26, 2009 Page 176

Amendment to the Public Safety CID Division Records Secretary Position Allocations Public Safety KVET Division Secretary for the FY2009 Public Safety Computer Processing Offense Budget (cont’d) Records Clerk (2) Public Safety PSO (6) 78523 Public Safety PSO – (10) Transfer to COPS Grant Public Safety Records Supervisor Public Safety Procurement Coordinator

In response to a question from Commissioner Moore, City Manager Collard stated the City’s contribution to the Downtown Development Authority (DDA) could be renegotiated, but the value of this contribution was $265,000 as compared to the value of the position eliminations, which was $2 million.

In response to a question from Commissioner Anderson, City Manager Collard indicated the requested action was to eliminate 32 positions, including the layoff of 12 employees. City Manager Collard stated five of the occupied positions were KMEA positions, and seven of the positions were Non-Bargaining Unit positions.

In response to a question from Commissioner Anderson, City Manager Collard stated there would be a process of negotiation with the DDA for the current year but noted there was the potential for the DDA to make some contributions to the City that would offset the City’s contribution.

Commissioner Anderson remarked that the recommended action was to amend the allocated positions for FY2009, not to approve the FY2010 budget. Commissioner Anderson stated presumably there was time to have additional discussions with interested parties prior to the FY2010 budget adoption.

City Manager Collard stated he was very pleased with Mr. Wright’s comments and indicated work on the budget was ongoing. City Manager Collard stated the conversation about the budget continued to take advantage of new opportunities.

Vice Mayor McKinney remarked that there was no magic pot of gold or other source of hidden funds that would save the City. Vice Mayor McKinney stated the proposed budget reductions would allow the City to continue providing public services while searching for more solutions.

Moore – is there anything we can do about furlough days or other ways to reduce the number of layoffs.

In response to questions from Commissioner Moore, City Manager Collard stated interested parties needed to work hard in 2010 on the longer lead-time concepts like furlough days. City Manager Collard stated when these opportunities were ripe, the appropriate budget would be amended. City Manager Collard indicated the City Administration would continue to conduct quarterly budget reviews in 2010, which would probably bring the same type of combination of good news and bad news. City Manager Collard stated department directors had looked at non- personnel expenses that could be reduced, but the options in this area WORK SESSION OF OCTOBER 26, 2009 Page 177

Amendment to the had not been exhausted as some cost reduction measures, such as Position Allocations reducing costs for telephone service, took more time to implement. City for the FY2009 Manager Collard noted 74% of the General Fund Budget was personnel Budget (cont’d) costs, and wages would be frozen for the Non-Bargaining Unit employees in 2010. 78523 Commissioner Cooney indicated he was encouraged by KMEA”s willingness to bring forward new proposals. Commissioner Cooney stated approving the position reductions was the responsible thing to do.

Commissioner McCann stated the City was in this position because of decisions made at other levels of government, not because of decisions made by the City Administration or City Commission. Commissioner McCann expressed appreciation to City Manager Collard for putting all available resources on the table.

Mayor Hopewell stated the City was in the position of trying to provide services with inadequate resources. Mayor Hopewell indicated the decisions were difficult, and he thanked City Commissioners for agreeing to take up this issue at this time. Mayor Hopewell indicated he was encouraged by City Manager Collard’s willingness to continue the work.

With a roll call vote this motion passed.

YEAS: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, an opportunity was given for citizens to address the City Commission, but no comments were offered.

Commissioner Finally, an opportunity was given for miscellaneous comments and Comments concerns by Commissioners.

Commissioner Moore expressed concern that current Care-A-Van employees with criminal histories are not being hired by Apple Bus.

Adjournment The meeting adjourned at 9:09 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 9, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 9, 2009 REGULAR MEETING OF NOVEMBER 2, 2009 Page 178 A regular meeting of the Kalamazoo City Commission was held on Monday, November 2, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, Deputy City Attorney Randy Schau, and City Clerk Scott A. Borling.

Invocation The invocation, given by Sean Hughes, Executive Director of Youth for Christ, was followed by the Pledge of Allegiance.

Proclamations Commissioner Moore, on behalf of Mayor Hopewell, read a proclamation Honoring Bishop T.D Lockett & Ms. Quella Lockett. Brother Howard 78524 Robinson and Sister Robin Robinson were present to receive the proclamation on behalf of the Locketts.

78525 Commissioner Miller, on behalf of Mayor Hopewell, read a proclamation Honoring Pastor Milton Wells & Lady Joyce Wells. Pastor Wells and Jomil Wells were present to receive the proclamation.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items and authorize the City Manager to sign on behalf of the city:

78526 - approval of the purchase of four 2010 Ford 8250 Lift-Equipped Conversion Vans from Mobility Transportation Services in the amount of $119,100.

78527 - authorization for the City Manager to sign a “Purchase Agreement” that would allow the City to acquire a vacant lot at 1214 Bryant Street to allow for additional parking by Public Safety officers.

Resolution 09-72 - adoption of a RESOLUTION dedicating and accepting Full Circle 78528 Drive as a public street, and authorizing the City Manager to execute a quit claim deed in conjunction with the Brownfield Redevelopment Authority conveying Full Circle Drive to the City.

REGULAR MEETING OF NOVEMBER 2, 2009 Page 179 Consent Agenda (cont’d) - adoption of a RESOLUTION: a) designating a Project Area and Project District Area, b) appointing two Special EDC Directors to Resolution 09-73 the EDC Board of Directors for the duration of this Project, c) 78529 waiving the Economic Incentive Loan Fund guidelines restricting loans to projects not yet started and d) setting a public hearing for December 7, 2009 to consider adopting a resolution approving a project plan for the EIF Loan request.

Resolution 09-74 - adoption of a Michigan Department of Consumer & Industry Services Liquor Control Commission RESOLUTION to transfer 78530 ownership of a Class C-SDM liquor from Steve Montayne Enterprises, Inc. to Rustica, LLC and approve a new entertainment permit and official permit (food) to Rustica LLC.

78531 - approval of a recommendation to schedule a formal Public Hearing for Monday, November 16, 2009, to receive public comment on the proposed fare increase for the Kalamazoo Metro Transit System scheduled for implementation on January 4, 2010.

78532 - approval of the minutes from the following City Commission meetings: the Committee of the Whole Meeting on August 28, 2009; the Neighborhood Meetings on September 21 and October 19, 2009; and the Business Meetings on August 31, October 5, and October 19, 2009.

Commissioner McCann, seconded by Commissioner Moore, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda items were considered next.

Ordinance 1860 An opportunity was given for citizens to comment on an ORDINANCE to re: Minors in revise Section 22-42 of the Kalamazoo Code of Ordinances which makes Possession of it unlawful for a minor to possess or consume alcohol and to bring the Alcohol ordinance in compliance with the corresponding state statute and recent Court of Appeals decision, but no comments were offered. 78533 Commissioner Moore, seconded by Commissioner Anderson, moved to adopt an ORDINANCE to revise Section 22-42 of the Kalamazoo Code of Ordinances which makes it unlawful for a minor to possess or consume alcohol and to bring the ordinance in compliance with the corresponding state statute and recent Court of Appeals decision.

With a roll call vote this motion passed unanimously.

REGULAR MEETING OF NOVEMBER 2, 2009 Page 180 AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Ordinance 1861 An opportunity was given for citizens to comment on an ORDINANCE to re: Use of Alcohol amend Chapter 22 of the Kalamazoo City Code of Ordinances to add and Controlled Section 22-64 addressing the regulation of, and responsibility for, under- Substances at age drinking and use of controlled substances at social gatherings, but no Social Gatherings comments were offered.

78534 Commissioner Cooney, seconded by Commissioner Anderson, moved to adopt an ORDINANCE to amend Chapter 22 of the Kalamazoo City Code of Ordinances to add Section 22-64 addressing the regulation of, and responsibility for, under-age drinking and use of controlled substances at social gatherings.

Prior to a vote on the motion, Vice Mayor McKinney stated the proposed ordinance was a great improvement to the ordinance presented on September 21st, but she expressed concern about confusion in the community over the impact of the ordinance. Vice Mayor McKinney stated the ordinance did not seem to be ready for adoption and questioned whether it would be usable as an effective tool for Public Safety.

In response to questions from Commissioner Anderson, Deputy City Attorney Schau stated the proposed ordinance mirrored existing state laws, and he explained the addition of existing statutory provisions to the Code of Ordinances would allow the City Attorney to prosecute violations. Deputy City Attorney Schau stated the existing state law was not invoked often, and he would not anticipate the City Attorney’s Office being burdened by the additional cases.

In response to a question from Vice Mayor McKinney, Deputy City Attorney Schau stated persons who could be responsible under the proposed ordinance would be the property owner, a tenant, or the person otherwise in control of the premises. Deputy City Attorney Schau noted a person in one of these categories must have had knowledge of the illegal activity and must have failed to take corrective action in order for him or her to be held responsible under the ordinance.

Commissioner Moore noted her many efforts to reach out to community organizations, educational institutions, and parents. Commissioner Moore stated she did not have as many face-to-face meetings regarding the revised ordinance as compared to the original ordinance, but she had emailed the text of the ordinance to various stakeholders and asked for comments. Commissioner Moore stated the ordinance was not perfect, but it was a step in the right direction on problems of underage drinking and substance abuse.

Vice Mayor McKinney stated community stakeholders had been given information but had not been led to an understanding of the ordinance. Vice Mayor McKinney commended Commissioner Moore for reaching out into the community, but she indicated the rest of the City Commission had REGULAR MEETING OF NOVEMBER 2, 2009 Page 181

Ordinance 1861 not done a good job with the development of the proposed ordinance. re: Use of Alcohol Vice Mayor McKinney stated the ordinance seemed symbolic and and Controlled expressed concern for unintended consequences. Substances at Social Gatherings Commissioner Cooney stated the proposed ordinance was a response to recent out-of-control parties where people had been hurt, and the 78534 message of the ordinance for the community was that people were responsible for the activities in their homes. Commissioner Cooney stated the proposed ordinance was as good as the Commission could do at the moment, and the next Commission could work on improving the ordinance over the next 18 months.

Mayor Hopewell stated the ordinance development process would be a topic for the next Commission to address. Mayor Hopewell noted the City Commission routinely adopted ordinances for which little community input was gathered.

With a roll call vote the motion to adopt the social gathering ordinance passed by a vote of 6-1.

AYES: Commissioners Anderson, Cooney, McCann, Miller, Moore, Mayor Hopewell

NAYS: Vice Mayor McKinney

City Clerk’s Report City Clerk Borling reported the following items:

78535 - the following lawsuits were received and referred to the City Attorney’s Office:

- Jerry McNeely, pro per v City of Kalamazoo, Kalamazoo County Sheriff, Kalamazoo County Prosecutor, Kalamazoo County Medical Examiner, and Kalamazoo County Corporation

- David V. Gladysz v Certified Auto Repair Service, Inc., Dan Larson, Registered Agent, and City of Kalamazoo and State of Michigan Department of Treasury and State of Michigan Unemployment Insurance Agency

- the City Commission has received as informational minutes of the following advisory boards and commissions:

- Community Development Act Advisory Committee - Thursday, August 06, 2009 - Thursday, September 10, 2009

- Community Relations Board - Thursday, August 13, 2009

- Downtown Development Authority - Monday, June 15, 2009 - Monday, August 24, 2009 - Monday, September 21, 2009 REGULAR MEETING OF NOVEMBER 2, 2009 Page 182 City Clerk’s Report - Environmental Concerns Committee (cont’d) - Wednesday, September 16, 2009 78535 - Community Development Act Advisory Committee - Thursday, August 06, 2009 - Thursday, September 10, 2009

- Community Relations Board - Thursday, August 13, 2009

- Downtown Development Authority - Monday, June 15, 2009 - Monday, August 24, 2009 - Monday, September 21, 2009

- Parks and Recreation Advisory Board - Wednesday, August 5, 2009 - Tuesday, September 1, 2009

- Zoning Board of Appeals - Thursday, September 10, 2009

- the following special event were approved in the month of October:

- a request from First Presbyterian Church to use Bronson Park on Sunday, October 4, 2009 from 2:45 to 3:45 p.m. for a Blessing Of The Animals service.

- a request from the Vine Neighborhood Association to use City sidewalks on Saturday, October 10, 2009 from 9:00 to 10:00 a.m. for the Vine Neighborhood Fun Run.

- a request from the New Year’s Fest Board of Directors to use Bronson Park and City streets from Thursday, December 31, 2009 at 5:30 p.m. to Friday, January 1, 2010 at 12:30 a.m. for the annual New Year’s Fest event.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Frank Warren, City resident, spoke regarding a problem with his step-son and noted November 11th was Veterans Day.

Nick Boyd, City resident, stated he enjoyed meeting citizens and interacting with City Commissioners during the City Commission campaign.

Bill Steinmann, City resident, spoke on behalf the Environmental Concerns Committee and urged the City Commission to support funding for parks and recreation, social programs, and sustainability initiatives.

REGULAR MEETING OF NOVEMBER 2, 2009 Page 183 Citizen Comments Mattie Jordan-Woods, City resident, urged citizens to vote “yes” (cont’d) on the Metro Transit millage question and “yes” on the referendum question for Ordinance 1856.

Pastor Joseph Anderson, City resident, thanked Mayor Hopewell and the City Commission for honoring his daughter with a proclamation. Pastor Anderson expressed opposition to Ordinance 1856.

Kai Phillips, City resident, thanked City Commissioners for a great election season.

Mike Kilbourne, City resident, expressed support for Ordinance 1856 and Commissioner Cooney in the upcoming election.

Asha Khazad, City resident, expressed support for Ordinance 1856 and stated the government had no place trying to regulate consensual adult sex.

Reverend Lenzy Bell, City resident, spoke in opposition to Ordinance 1856 and expressed concern that the ordinance would be used to regulate the content of sermons. Commissioner Comments Finally, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Moore offered remarks on the following topics: Breast Cancer Awareness Month (October); the inclusive electoral process; the pleasure it had been to serve on the City Commission; how Terry Kuseske had introduced her to great people in the community; and the NAACP’s 100th Anniversary celebration banquet November 7th. Commissioner Moore invited people to join NAACP.

Commissioner Miller expressed well-wished to Commissioner McCann as this was his last regular City Commission business meeting.

Commissioner Anderson reminded citizens that the City Commission supported a long review process for the Anti-Discrimination Ordinance that resulted in a revised ordinance. Commissioner Anderson highlighted the exemption for faith-based organizations in the new ordinance and stated the new ordinance reflected the values of a majority of City residents.

Commissioner Cooney commended Commissioner McCann for being diligent, compassionate, and creative during his years of service on the Commission. Commissioner Cooney noted a young man was killed over the past week. We need to work hard to give our kids positive choices. Commissioner Cooney congratulated all City Commission candidates for their concern about the City, and he expressed support for Ordinance 1856.

Commissioner McCann expressed hope that on Wednesday morning he would wake up in a community that had taken one more step towards justice and in a community with a good Metro Transit system. REGULAR MEETING OF NOVEMBER 2, 2009 Page 184

Commissioner Commissioner McCann referenced a quote from Martin Luther King, Jr. Comments (cont’d) about the arc of history bending towards justice.

Vice Mayor McKinney commended Commissioner McCann for his excellent constituent service and stated his departure would be a loss for the City Commission. Vice Mayor McKinney expressed support for the Metro Transit millage and for Ordinance 1856. Vice Mayor McKinney stated K-College was creating a center for social justice leadership, and she noted the City had many social justice leaders.

Mayor Hopewell stated Commissioner McCann would be missed. Mayor Hopewell stated the City Commission believed in fairness, equality, and justice and reminded citizens there was a time when someone like him could not be a City Commissioner, live in the Stuart Neighborhood, or sit at a lunch counter.

Adjournment The meeting adjourned at 8:22 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 9, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 9, 2009 REGULAR MEETING OF NOVEMBER 9, 2009 Page 185 A regular meeting of the Kalamazoo City Commission was held on Monday November 9, 2009 at 8:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Sean McCann Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Board of City Clerk Borling read into the record the following report from the Canvassers’ Kalamazoo County Board of Canvassers: Report 78536 The Kalamazoo County Board of Canvassers has certified the following individuals were elected to the Kalamazoo City Commission on November 3, 2009: Bobby J. Hopewell, having received a sufficient number of votes was elected Mayor; Hannah J. McKinney, having received a sufficient number of votes, was elected Vice Mayor; Don Cooney, having received a sufficient number of votes was elected City Commissioner; David Anderson, having received a sufficient number of votes, was elected City Commissioner; Barbara Hamilton Miller, having received a sufficient number of votes, was elected City Commissioner; Stephanie Moore, having received a sufficient number of votes, was elected City Commissioner; and Terry L. Kuseske, having received a sufficient number of votes, was elected City Commissioner.

Approval of City Commissioner McCann, seconded by Commissioner Miller, moved to Commission approve the minutes from the following City Commission meetings: the Minutes Special Meeting on October 26, 2009 and the Regular Meetings on September 21 and November 2, 2009. With a voice vote this motion 78537 passed.

Adjournment Mayor Hopewell adjourned the meeting, sine die, at 8:02 p.m. Sine Die Oaths of Office City Clerk Borling administered the Constitutional Oath of Office to newly elected City Commissioners David Anderson, Don Cooney, Terry L. Kuseske, Barbara Hamilton Miller, and Stephanie Moore; newly elected Vice Mayor Hannah J. McKinney; and newly elected Mayor Bobby J. Hopewell. REGULAR MEETING OF NOVEMBER 9, 2009 Page 186 At 8:06 p.m. Mayor Hopewell called to order the first meeting of the 48th City Commission of the City of Kalamazoo.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Invocation The invocation, given by Reverend Matt Laney, First Congregational United Church of Christ, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell noted the presence of the following guests: Guests Anna Whitten, Board of Trustees, Kalamazoo Valley Community College (KVCC) Mattie Jordan-Woods, Executive Director, Northside Association for Community Development (NACD) David Buskirk, Chair, Kalamazoo County Board of Commissioners Deb Buchholtz-Hiemstra, Vice Chair, Kalamazoo County Board of Commissioners Reverend John McNaughton Former State Representative Lorence Wenke Dr. Janice Brown, Kalamazoo Promise Pete Strazdas, Mayor, City of Portage Ed Sackley, Council Member, City of Portage Sandy Lipsey, Circuit Court Judge, former State Representative, and former Vice Mayor, City of Kalamazoo Lance Ferraro, former City Commissioner Linda Teeter, former City Commissioner Robert B. Jones, State Representative and former Mayor, City of Kalamazoo Richard Fuller, Kalamazoo County Sheriff Nassim Ansari, Kalamazoo County Commissioner Claudette Reid, Council Member, City of Portage Mary Brown, former State Representative Larry DeShazor, State Representative and former Council Member, City of Portage Ken Nacci, Executive Director, Kalamazoo Downtown Development Authority (DDA) Bob Miller, Associate Vice President for Community Outreach, Western Michigan University (WMU)

Resolution and Gift Commissioner Moore, seconded by Commissioner Miller, moved to adopt Honoring Former a RESOLUTION honoring former Commissioner Sean McCann for Commissioner dedication and service to the City of Kalamazoo. Sean McCann With a roll call vote, the motion passed. 78538

REGULAR MEETING OF NOVEMBER 9, 2009 Page 187 Resolution and Gift YEAS: Commissioners Anderson, Cooney, Kuseske, Miller, Honoring Former Moore, Vice Mayor McKinney, Mayor Hopewell Commissioner Sean McCann NEAS: None (cont’d) 78538 Mayor Hopewell and Vice Mayor McKinney presented the resolution and a gift to former City Commissioner Sean McCann in recognition of his service on the Kalamazoo City Commission from November 1999 through November 2009.

Congratulatory Next, when given an opportunity to offer congratulatory remarks, the Remarks following citizens addressed the City Commission:

Pete Strazdas, non-resident and Mayor of the City of Portage, congratulated the Commissioners on their election and re-election. Mayor Strazdas stated the election of two new mayors and the appointment of two new City Managers in 2005 was a transformational moment for the region.

Robert Jones, City resident, stated it was an honor to be a member of the community and remarked that the 48th City Commission had a unique opportunity and ability to take Kalamazoo “to the next level.”

David Buskirk, City resident, and Deb Buchholz-Hiemstra, non- resident, spoke on behalf of the Kalamazoo County Board of Commissioners and stated the community was blessed to have the current members serving on the Kalamazoo City Commission.

Nick Boyd, City resident, congratulated Commissioners on their election and re-election.

Mayor Hopewell recognized the presence of City Commission candidates Nick Boyd and Michael Parkinson-Kilbourne.

Next congratulatory remarks were offered by City Commissioners.

Commissioner Kuseske thanked Sean McCann, Linda Teeter, Mary Brown, Robert Jones, Kelly Doyle, Narda Beauchamp, his campaign volunteers, City Manager Collard, Deputy City Manager Jerri Barnett-Moore, and the voters. Commissioner Kuseske highlighted his experience on various boards and commissions and the connections he made and education he received during his time of service on these boards. Commissioner Kuseske expressed his commitment to continue working with community partners, City Commissioners, and City staff to make Kalamazoo the best place it could be. Commissioner Kuseske stated he would educate himself on the issues and listen to citizens before casting votes as a Commissioner.

Commissioner Moore stated it was a humbling and honoring experience to be reelected, and she thanked Commissioner McCann for his leadership and friendship. Commissioner Moore thanked the community for participating in the election, and she REGULAR MEETING OF NOVEMBER 9, 2009 Page 188 Congratulatory thanked Yolanda Dunnigan, Terecita Potts, her Mothers of Hope Remarks (cont’d) friends, Angie Anderson, her mom, Dorphine Payne, and fellow City Commissioners. Commissioner Moore stated the past two years had been challenging and stated she was grateful for the opportunity to serve as a City Commissioner. Commissioner Moore congratulated John Hoadley and One Kalamazoo on a job well done. Commissioner Moore encouraged citizens to be active in their neighborhoods and to seek the success of Kalamazoo’s young people. Commissioner Moore thanked Robert Jones, Mattie Jordan-Woods, Reverend Dr. Addis Moore, Reverend Dr. Matthew Wright, Pastor Lenzy Bell, Bill Reeves, her church family at Mt. Zion Baptist Church and Galilee Baptist Church, and her Facebook family.

Commissioner Miller stated she met Sean McCann through the Michigan Political Leadership program and helped with his election campaigns. Commissioner Miller expressed appreciation to former Commissioner McCann for always listening to her, even when he disagreed, and she wished him well as a husband, father, and candidate for State Representative. Commissioner Miller thanked her family, friends, and campaign staff, including her youngest campaign volunteer, Maggie Swafford from Parkwood-Upjohn Elementary School.

Commissioner Anderson stated it was a daunting task to receive the gift of being elected to the City Commission, especially considering the issues the City would face in the coming years. Commissioner Anderson expressed appreciation to the voters for the confidence they placed in City Commissioners. Commissioner Anderson encouraged citizens to be involved and engaged in City government between elections and stated success would come from the intent and desire of all residents, not just the Commissioners. Commissioner Anderson recognized the presence of his wife, Corrie Terry, and his mother, Amy Anderson.

Commissioner Cooney congratulated Sean McCann and thanked him for his service to the community. Commissioner Cooney thanked the citizens of Kalamazoo for giving him two more years on the City Commission and indicated his time on the Commission was a sacred trust, an opportunity, and a great responsibility. Commissioner Cooney thanked his wife, Kathy Cooney, and his campaign partner, Mike Kilbourne. Commissioner Cooney stated there were people in the City who were hurting badly, and he described the need for a “holy discontent” with the status quo. Commissioner Cooney stated the City Commission would work hard to make Kalamazoo a City of justice, but it was this work was the work of everyone in the community.

Vice Mayor McKinney stated she was honored to be re-elected and expressed appreciation for her fellow-Commissioners. Vice Mayor McKinney noted the Commissioners did not always agree on issues, but they shared a love for Kalamazoo and a vision of Kalamazoo as a special place. Vice Mayor McKinney thanked her husband and daughter, and she expressed appreciation for REGULAR MEETING OF NOVEMBER 9, 2009 Page 189 Congratulatory celebratory comments from the City of Portage, the Kalamazoo Remarks (cont’d) County Board of Commissioners, and State Representative Jones. Vice Mayor McKinney remarked on Kalamazoo’s ability to turn around a bad situation and noted the importance of community partners working together. Vice Mayor McKinney indicated she would work hard with all of the other people who shared a vision for Kalamazoo.

Mayor Hopewell commended citizens for participating in the democratic process. Mayor Hopewell stated he represented the might of a great community. Mayor Hopewell thanked his family and his campaign staff. Mayor Hopewell described how he had met Sean McCann and remarked on his servant’s heart and service to the community. Mayor Hopewell recognized and thanked the City Commission appointees and expressed appreciation for his fellow Commissioners. Mayor Hopewell remarked the City’s challenges were opportunities, and the community would come together as one to meet those challenges. Mayor Hopewell stated the vote on the Metro Transit Millage and the Anti-Discrimination Ordinance were examples of citizens meeting challenges through unity. Mayor Hopewell described the Commission seats as being on loan from the citizens, with the Commissioners’ payback being good service to the community. Mayor Hopewell committed to paying back the loan every day. Mayor Hopewell thanked Kalamazoo citizens for the opportunity to serve, and he asked them to join Commissioners on the journey.

Citizen Comments Next, an opportunity was given for citizens to make general comments, but no comments were offered.

City Commissioner A final opportunity was given for miscellaneous comments and concerns Comments of City Commissioners, but no comments were offered.

Adjournment The meeting adjourned at 9:08 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 30, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 30, 2009 NEIGHBORHOOD MEETING OF NOVEMBER 16, 2009 Page 190 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, November 16, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore*

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Kuseske, moved to Excused excuse the absence of Commissioner Moore. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Eastside Neighborhood Association Michael Seals, Treasurer Pat Taylor, Executive Director

Western Student Association Janine Putnam, Vice President Zach Spencer, Treasurer Joey Blaszczyk, Student Affairs Chair

Whites/Edgemoor/Bronson Neighborhood Linda Wienir, President Karen Wellman, Secretary Freddie Heinz, Resident

Eastside The Eastside Neighborhood representatives: Neighborhood Association - congratulated Commissioners on their election and reelection.

- reported the Association’s financial situation was stable and thanked the City Commission for continuing funding for the neighborhood associations.

- noted there was a partnership with LISC to identify a building for the future.

- discussed the Building Blocks sites on East Main Street.

NEIGHBORHOOD MEETING OF NOVEMBER 16, 2009 Page 191

Eastside - remarked on the purchase and redevelopment of the strip mall in Neighborhood the 1600 block of East Main Street. Association (cont’d) - stated Legal Aid would be doing workshops for the Neighborhood beginning on November 17th.

Commissioner Moore arrived at 6:06 p.m.

- expressed concern about the high number of home foreclosures in the Neighborhood.

- reported the Association’s focus in 2010 would be housing stabilization and business recruitment and revitalization.

- stated the Association continued to host a computer lab at the Community Center in cooperation with Michigan Works! and AARP.

- described other Association activities, such as home weatherization assistance and has coordination of several community gardens.

In response to a question from Commissioner Anderson, Ms. Taylor stated the Plan Kalamazoo event at St. Mary’s Church offered participants good choices and a good selection process, residents were concerned about implementation of the plan and questioned whether their desires for the Neighborhood would be considered.

Mr. Seals stated Neighborhood residents participated in the planning process, but they felt the Comprehensive Plan did not really address the Eastside Neighborhood. Mr. Seals noted lighting was important to residents, and he reported trees had grown up and blocked the existing street lights in many areas of the Neighborhood.

In response to a question from Commissioner Kuseske, Ms. Taylor stated she did not know how many Neighborhood residents attended the planning session.

Mr. Seals stated recent efforts to revitalize older housing stock had heightened residents’ interest in the Comprehensive Plan process.

In response to a question from Commissioner Cooney, Ms. Taylor stated the youth employment program really helped address youth violence in the Neighborhood, and she remarked that young people were starting to see Public Safety Officers as friends and not just enforcers.

Commissioner Moore asked City Manager Collard for information on the availability of federal dollars for residents in Renaissance Zones.

In response to a question from Commissioner Moore, Ms. Taylor stated the Association advertised housing assistance opportunities through Kalamazoo Neighborhood Housing Services. Ms. Taylor explained that outreach efforts were thwarted by residents who wanted their business to remain their business and were reluctant to ask for help.

NEIGHBORHOOD MEETING OF NOVEMBER 16, 2009 Page 192 Eastside Commissioner Moore encouraged the Association to continue reaching Neighborhood out to homeowners in danger of foreclosure. Association (cont’d) In response to a question from Commissioner Moore, Ms. Taylor stated she had not received any feedback from residents about the proposed Metro Transit fare increases.

Western Student The Western Student Association (WSA) representatives: Association - congratulated Commissioners on their election and reelection.

- thanked City Commission candidates for attending the candidate forum at WMU.

- stated Public Safety Chief Jeff Hadley would be attending the WSA meeting on December 9th and thanked Chief Hadley for his leadership and work to improve the relationship between students and the Department of Public Safety.

- described the Spring to the Streets and Fall to the Streets events.

- remarked on student participation in the November 3rd election.

- thanked the City for the Click Downtown event and for hanging WMU banners on utility poles.

- described a survey of WMU students by WMU Geological Club about downtown and transportation was an issue. Bussing is good, but paths were even better. Recommendations: provide tourist maps and kiosks; improved campus corridors; sidewalks in poor condition – repair them; create pedestrian islands and bridges; enhance walking routes (self-guided walking tours); integrate pedestrian activities with future development; improved physical safety (lighting, police call boxes, widen sidewalks, improve buffers); expressed support for trolley.

- expressed concern about the lack of sidewalks within the Campus Habitat apartment complex at Howard and Kendall and about the lack of snow removal from sidewalks along West Michigan Avenue.

Commissioner Cooney stated there was a tremendous need for students to volunteer in the community and highlighted the fact that Kalamazoo Communities in Schools (KCIS), New Genesis, and the Hispanic American Council were looking for tutors. Commissioner Cooney reported WMU would be opening a service-based learning center in the near future.

Commissioner Kuseske encouraged the WSA representatives to attend Planning Commission meetings and to participate in the Comprehensive Plan process. Commissioner Kuseske also suggested the WSA contact KCIS for volunteer opportunities.

Commissioner Moore suggested the WSA connect students with neighborhood associations to assist with home weatherization. NEIGHBORHOOD MEETING OF NOVEMBER 16, 2009 Page 193 Western Student Mayor Hopewell stated the City was not able to monitor all its sidewalks, Association and he emphasized the importance of communication between the (cont’d) students, WMU and the City. Mayor Hopewell acknowledged the Campus Habitat apartments did not have sidewalks within the complex, but he explained the developer had met all of the City’s site plan requirements.

Whites/Edgemoor/ The White/Edgemoor/Bronson representatives: Bronson

Neighborhood - congratulated Commissioners on their election and reelection.

- thanked the City for street improvements on Bronson Boulevard.

- stated the Association was working closely with The Stewards of Kleinstuck.

- expressed concern about growing deer population.

- expressed concern about speeding traffic on Whites Road, stated speeding traffic was a problem in the entire Neighborhood, and requested strict enforcement.

- reported the City’s snow plows threw snow on the sidewalks along Whites Road, and the frequency of plowing on this street resulted in large amounts of snow quickly filling the ends of driveways. Ms. Wellman inquired about reducing the speeds of the snowplows and reducing the frequency of plowing on Whites Road.

- noted there was a significant amount of broken glass on the ground in various parts of the City.

Mayor Hopewell assured the Neighborhood representatives that City Commissioners and City staff had heard their concerns.

Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

Adjournment The meeting adjourned at 6:44 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 30, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 30, 2009 REGULAR MEETING OF NOVEMBER 16, 2009 Page 194 A regular meeting of the Kalamazoo City Commission was held on Monday, November 16, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Pastor Mark Couch, Solid Grounds Student Ministries, was followed by the Pledge of Allegiance.

Introduction of Mayor Hopewell recognized the presence of Greg Ayers, President, Guests Discover Kalamazoo (The Kalamazoo County Convention and Visitors Bureau). Mr. Ayers noted on Tuesday, November 24th, the Western Michigan University (WMU)/Ball State football game would be broadcast on ESPN2, and he urged Kalamazoo residents to attend and show their support for WMU to the national TV audience.

Proclamation A proclamation Honoring Superintendent C.G. and First Lady Fannie 78539 Charles was held due to the absence of a recipient.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: Transportation Director William Schomisch delivered a presentation on Proposed Metro the proposed Metro Transit Fare increases. Director Schomisch stated Transit Fare the fare increases were the final part of a three-part proposal made by the Increases Kalamazoo County Administrator and City Manager, with the first two parts being the passage of a countywide transportation millage in May 78540 and the passage of a City transportation millage on November 3rd. Director Schomisch indicated the proposed fare increase would generate $270,000 annually, and he noted this proposal was being made in conjunction with the installation of new fare boxes, which would make available multiple methods of fare payment. Director Schomisch stated there had been an open comment period from September 20th to October 20th, and he reported there were no comments submitted in opposition to the fixed-route fare increase. However, Director Schomisch reported numerous comments opposing the elimination of the unlimited monthly pass. Director Schomisch stated the fare increase proposal had meen modified to reinstate the monthly pass at a price of $60. Director Schomisch reviewed new fare structure, which was included in the agenda packet. REGULAR MEETING OF NOVEMBER 16, 2009 Page 195 Public Hearing re: At 7:14 p.m. Mayor Hopewell opened a public hearing to receive public Proposed Metro comments regarding a proposed fare structure for the Kalamazoo Metro Transit Fare Transit System scheduled for implementation on January 4, 2010. Increases (cont’d) Reuben Richardson, City resident, expressed opposition to the 78540 proposed fare increases.

Stacey Marek, City resident, spoke on behalf of Michigan Peoples’ Action (MAP) and expressed opposition to the proposed fare increases.

Ron William, non-resident, spoke on behalf of the Disability Network and the Friends of Metro Transit and expressed support for the proposed fare increases. Mr. William thanked the addition of a swipe card payment option for the half-rate fare for the elderly and disabled.

Kelli McBride, non-resident, spoke on behalf of MPA and expressed opposition to the proposed fare increases.

Marty Dodge, non-resident, spoke on behalf of the Kalamazoo Regional Chamber of Commerce and spoke in favor of the proposed fare increases. Correspondence submitted by Mr. Dodge was filed with the papers for this meeting.

LoriAnn Tennison, City resident, spoke on behalf of MPA and expressed concern about the fare increases and asked that the price of the monthly pass not be increased as much.

Joshua Arnold, City resident, spoke on behalf of MPA and expressed opposition to the proposed fare increases.

Linda Teeter, City resident and Chair of the Kalamazoo County Transportation Authority (KCTA), stated the KCTA supported the proposed fare structure.

Frank Warren, City resident, expressed opposition to the proposed fare increases.

Janice Jagars, City resident, expressed support for the proposed fare increases but asked that the price of the monthly pass be reduced to $30.00.

At 7:30 p.m. Mayor Hopewell closed the public hearing.

Approval of Metro Commissioner Kuseske, seconded by Commissioner Miller, moved to Transit Fare approve the recommended fare structure for the Kalamazoo Metro Transit Increases System scheduled for implementation on January 4, 2010.

78540 Prior to a vote on the motion, and in response to a question from Commissioner Miller, Director Schomisch stated most transit systems in other cities offered free transfers, and he explained the only restriction was a time restriction – transfers were valid for one hour.

REGULAR MEETING OF NOVEMBER 16, 2009 Page 196 Approval of Metro Commissioner Cooney acknowledged the fare increases would be difficult Transit Fare for some people but stated the loss of the transit system would be the Increases (cont’d) worst situation. Commissioner Cooney commended Director Schomisch 78540 for reinstating monthly pass and for making the swipe card option available for senior citizens and the disabled who were paying a reduced fare.

Commissioner Moore stated it would be bad to not have a transit system, but it would be even worse to have a transit system that people could not afford to use. Commissioner Moore thanked Director Schomisch and City staff for considering all the impacts of the fare increases and for trying to reduce those impacts.

In response to a question from Commissioner Moore, Director Schomisch explained that anyone who possessed a bridge card could purchase bus tokens for $1.25 each at the Kalamazoo Transportation Center.

Vice Mayor McKinney stated the fare increase proposal was a “second best” solution and indicated the first choice was to have a single, countywide transportation millage. Vice Mayor McKinney reviewed the recent history of transportation millages and stated the failure of the countywide millage in November, 2008 necessitated a fare increase. Vice Mayor McKinney apologized for the significant price increase for the monthly pass but stated the proposed fare structure was the best Kalamazoo was able to do given the existing constraints. Vice Mayor McKinney noted the fare structure was complicated so that the system could provide the greatest amount of good for as many people as possible. Vice Mayor McKinney thanked City staff, the KCTA, and the Transit Authority Board for their work.

Commissioner Anderson reminded people that two countywide millages had passed, and the people who voted on the millages did not generally use the system. Commissioner Anderson noted the fares covered less than one-fifth of the actual cost to provide transportation services, Commissioner Anderson thanked Kalamazoo County voters for determining that a public transportation system was valuable and needed in the community. Commissioner Anderson stated the vetting process for the proposed fare structure had been generous and indicated difficult choices had been made.

Commissioner Kuseske stated he had worked with the KCTA since its inception and explained current state laws did not allow the City to be creative with tax millages. Commissioner Kuseske suggested the KCTA and Metro Transit work with state legislators to address the taxation issue. Commissioner Kuseske stated transportation issues were complicated, and he highlighted the need to balance the affordability of services with the provision of adequate resources to maintain the system so it would be there in the future. Commissioner Kuseske stated fares should be reviewed on an annual basis to avoid. Commissioner Kuseske expressed support for the proposed fare increases and pledged to continue working with KCTA to ensure Kalamazoo County had the best possible transportation system.

REGULAR MEETING OF NOVEMBER 16, 2009 Page 197 Approval of Metro With a roll call vote the motion passed. Transit Fare Increases (cont’d) AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78541 - approval of the purchase of three pieces of fire apparatus in the amount of $1,501,759.00 from Pierce Manufacturing Inc through Halt Fire.

78542 - approval of a one-year contract for Metro Transit fleet liability insurance with the Michigan Transit Pool at an annual premium of $218,628, payable in four equal installments of $54,657 to Macatawa Bank.

78543 - approval of a three-year contract to provide janitorial services at both the Kalamazoo Transportation Administration and Kalamazoo Transportation Center buildings, located at 530 North Rose Street and 459 North Burdick Street respectively, in the total amount of $210,273.55.

Resolution 09-75 - adoption of a RESOLUTION authorizing the issuance of Tax 78544 Anticipation Notes in the amount of $3 million for fiscal year 2010.

Ordinance 1862 - adoption of an ORDINANCE which provides for the issuance and 78545 sale of Water revenue bonds in an amount not to exceed $8.9 million for the purpose of financing capital projects included in the adopted 2009 and 2010 proposed Water Capital Improvement Program.

Ordinance 1863 - adoption a Revenue Bond ORDINANCE which provides for the issuance and sale of Wastewater revenue bonds in an amount not 78546 to exceed $4 million for the purpose of financing capital projects included in the adopted 2009 and 2010 proposed Wastewater Capital Improvement Program.

Resolution 09-76 - adoption of a RESOLUTION granting a Payment in Lieu of Taxes 78547 to the Catholic Family Services Nonprofit Housing Corporation for six-units of permanent supportive rental housing to be developed at 759 Pleasant Avenue, pursuant to Section 35-4 of the Kalamazoo City Code.

Resolution 09-77 - adoption of a Michigan Department of Consumer & Industry 78548 Services, Liquor Control Commission RESOLUTION to allow an additional bar permit including outdoor service area for a total of two bars to be held in conjunction with 2009 Class C-SDM license issued under MCL 346.1521(1)B non-transferable with dance- entertainment and official permit (food) for The Strutt, located at 773 W. Michigan. REGULAR MEETING OF NOVEMBER 16, 2009 Page 198 Consent Agenda Commissioner Anderson, seconded by Commissioner Moore, moved to (cont’d) approve the consent agenda requests.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

PrepaymentChange Order of with An opportunity was given for citizens to comment on a recommendation AppleHurley Ridge and to approve the future improvement project, Arboretum Development – HOMEStewart, Loan LLC for East End Improvements along Solon Street, and a contract change order Engineering with Hurley & Stewart, LLC of Kalamazoo, MI to provide construction Services related to engineering services for Phase 1 of the project in the amount of $55,600, the Arboretum but no comments were offered. Development – East End Commissioner Anderson, seconded by Commissioner Cooney, moved to Improvements approve the future improvement project, Arboretum Development – East 78549 End Improvements along Solon Street, and a contract change order with Hurley & Stewart, LLC of Kalamazoo, MI to provide construction engineering services for Phase 1 of the project in the amount of $55,600.

Prior to a vote on the motion, Commissioner Miller expressed disappointment that City staff could have done the engineering work, but inadequate planning had resulted in the need purchase engineering services so the work could be done by January 1st. Commissioner Miller also expressed disappointment with the order of payment as described in the letter of agreement from WMU dated September 28, 2009. Commissioner Miller noted City Commissioners were not able to give input on the terms of the agreement, as the terms were developed after the City Commission granted approval on August 31st. Commissioner Miller stated she remained especially concerned about the obligation for the City to pay, “all remaining unpaid costs,” despite assurances that the project would cost less than the $2 million approved in 2007. Commissioner Miller stated the road was “taking on a life of its own,” and she wanted stops in place to ensure the project came in under budget.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided the following reports and updates: Report 78550 - Departmental Reports and Project Updates - CITYLink newsletter dated October 2009 - Kalamazoo Communities in Schools Newsletter dated October 2009. - Equal Employment/Affirmative Action Report, 3rd Quarter 2009 REGULAR MEETING OF NOVEMBER 16, 2009 Page 199 New Business Items of new business were considered next.

Brinson Insurance An opportunity was given for citizens to comment on a letter from Ms. Premium Request Doreen Brinson requesting a reduction in healthcare coverage premiums, but no comments were offered. 78551

Commissioner Moore, seconded by Commissioner Kuseske, moved to refer to the City Manager a letter from Ms. Doreen Brinson requesting a reduction in healthcare coverage premiums.

With a roll call vote this motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

78552 Patricia Meyer, non-resident, thanked the City Commission for their support and discussed her lobbying activities in Washington D.C. on behalf of Labor Advocates Workers Solution (LAWS, Inc.). Ms Meyer stated LAWS was making a documentary entitled Who Idled America?, and she requested permission to include in the documentary a letter from Commissioner Cooney to Nancy Pelosi dated August 7, 2007. Documents distributed by Ms. Meyer were filed with the papers for this meeting.

78553 Billie Netterwald, City resident, spoke regarding the development of property on Stadium Drive and the effect of this development on residential properties on Fair Oaks Drive and Sycamore Lane. Ms. Netterwald asked for a response from the City regarding this issue. Ms. Netterwald’s written comments were filed with the papers for this meeting.

78554 Curtis Leip, City resident, spoke regarding the development of property on Stadium Drive and the enforcement of City ordinance requirements. Mr. Leip’s written comments were filed with the papers for this meeting.

78555 Hope Harmon, City resident, expressed concern about ordinance violations by the developer of property on Stadium Drive and the lack of enforcement of ordinances by the City. Ms. Harmon’s written comments were filed with the papers for this meeting.

78556 Daniel Humiston, City resident, discussed the removal of trees by the developer of a commercial property on Stadium drive, and he described the resulting intrusion of light and noise from Stadium Drive onto his Sycamore Lane property. Mr. Humiston’s written comments were filed with the papers for this meeting.

78557 Jennifer Frey, City resident, asked the City Commission to strengthen Section 6.2 of the Zoning Code regarding buffer zones REGULAR MEETING OF NOVEMBER 16, 2009 Page 200 Citizen Comments between commercial and residential areas. Ms. Frey asked the (cont’d) City to assist Winchell Neighborhood residents regarding the 78557 removal of trees by the developer of a property on Stadium Drive, and she questioned whether the City had the ability to enforce developers to compensate residents for the tree removal. Ms. Frey offered several suggestions for strengthening applicable ordinances. Ms. Frey’s written comments were filed with the papers for this meeting.

Larry Ross, President of the Oakland/Winchell Neighborhood Association, stated 20-22 residents had called him or talked to him on the street about the development of property on Stadium Drive and the effect of this development on properties in the Winchell Neighborhood, specifically on Fair Oaks Drive and Sycamore Lane. Mr. Ross indicated resident were very angry and stated a solution needed to be worked out.

Linda Teeter, City resident, spoke on behalf of the KCTA and thanked City voters for supporting the transit millage question on November 3rd. Ms. Teeter congratulated Commissioners on their election and reelection.

Pamela Roland, City resident, spoke regarding recent City layoffs and expressed concern that several position reclassifications over the past six months had resulted in significant pay increases for managers and supervisors. Ms. Roland urged the City Commission to look into this situation.

Frank Warren, City resident, talked about General Motors Corporation.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore requested an update on the Stadium Drive development project and its effect on properties in the Winchell Neighborhood. Commissioner Moore noted a ribbon-cutting ceremony for the Kalamazoo River Valley Trailway would take place on November 20th, and she wished people “Happy Thanksgiving.”

Commissioner Cooney remarked on various local events related to National Hunger and Homelessness Awareness Week.

Vice Mayor McKinney asked if it was necessary for the City Commission to grant permission for LAWS, Inc. to use Commissioner Cooney’s letter in a documentary, or if the letter was public?

City Attorney Robinson indicated the letter was public, and the City Commission did not need to grant permission for LAWS, Inc.

Mayor Hopewell asked City staff and the City Attorney to interpret City ordinances applicable to the development on Stadium Drive. Mayor Hopewell stated he would like to know what staff had already done regarding this situation, and he asked the City Attorney to report what the REGULAR MEETING OF NOVEMBER 16, 2009 Page 201 City Commissioner City was able to do, or not to do, from a legal perspective. Mayor Comments (cont’d) Hopewell indicated the main issue was the interpretation and application of existing ordinances, and he noted ordinances adopted in the future could not be applied retrospectively. To this end, Mayor Hopewell asked City staff to work with Winchell Neighborhood residents and the Stadium Drive property developer to bring about a resolution. Mayor Hopewell emphasized he wanted to have a clear understanding of what the City was able and not able to do in this situation. Mayor Hopewell commented on the Holiday Parade, the Tree Lighting Ceremony, and Ribbon Cutting for the Kalamazoo River Valley Trailway. Mayor Hopewell thanked the Downtown Development Authority and Downtown Kalamazoo Incorporated for new tree lights on the Kalamazoo Mall.

Adjournment The meeting adjourned at 8:29 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on November 30, 2009

Approved by: ______Bobby J. Hopewell, Mayor Dated: November 30, 2009 REGULAR MEETING OF NOVEMBER 30, 2009 Page 202 A regular meeting of the Kalamazoo City Commission was held on Monday, November 30, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore*

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Cooney, moved to Excused excuse the absence of Commissioner Moore. With a voice vote this motion passed.

Invocation The invocation, given by Jake Mulder, Ministry Director for Youth for Christ, was followed by the Pledge of Allegiance.

*Commissioner Moore arrived at 7:02 p.m.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following changes:

Commissioner Anderson requested Item F-4 (a resolution setting a public hearing for the FY2010 Budget) be moved from the Consent Agenda to the Regular Agenda.

Mayor Hopewell noted that Citizen Comments would be received before Sections K (Policy Items) and L (New Business) on the agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78558 - approval of a one year contract extension for gasoline and diesel fuel with Knapp Energy, Inc. for an amount not to exceed $964,493.

78559 - approval of a one year contract extension to purchase ferric chloride from PVS Technologies for the unit price bid of $534 per dry ton for a total cost of $170,800.

78560 - approval of a two year contract extension with Rathco Safety Supply, Inc., for rental of barricades, signs, and other traffic control devices for use in detours, special event activities, and REGULAR MEETING OF NOVEMBER 30, 2009 Page 203 Consent Agenda other street and utility construction and repair activities in the (cont’d) amount of $164,584.

Resolution 09-78 - adoption of a RESOLUTION assigning Bruce Merchant, Public 78561 Services Managing Director, as the City State Trunkline Maintenance Superintendent for the City of Kalamazoo.

78562 - approval of a proposed Service Agreement between the Kalamazoo County Transportation Authority, the City of Kalamazoo, and the Kalamazoo Transit Authority Board for CY2010.

78563 - acceptance of a grant of $15,000 from the Harold and Grace Upjohn Foundation to support the LaCrone and Woods Lake Beach Parks Redevelopment Projects.

78564 - acceptance of a $1,000 Good Neighbor Grant from the Kalamazoo Community Foundation to help defray costs related to the 2010 Dr. Martin Luther King, Jr. Community Wide Day of Service sponsored by the City of Kalamazoo in cooperation with AT&T Communications.

78565 - acceptance of a donation of $100 from Shower Treat Soap LLC to be used for future capital improvements at the Kalamazoo Farmers’ Market.

78566 - approval of the following appointment and reappointments to the Historic District Commission:

- the appointment of Chris Roussi for a term expiring on January 1, 2013.

- the re-appointment of Erin Seaverson for a term expiring on January 1, 2013.

- the re-appointment of Jay Bonsignore for a term expiring on January 1, 2013.

78567 - approval of the minutes from the following City Commission meetings: the Regular Neighborhood Meeting on November 16, 2009 and the Regular Business Meetings on November 9 and November 16, 2009.

78568 - approval of a recommendation to hold until December 7, 2009 the adoption of a RESOLUTION approving the redevelopment and purchase agreement to convey the property at 1308 North Burdick Street to Family Health Center, Inc. for $1.00 and due consideration in developing a Health Care Access Center to provide medical services to residents of the community that are underinsured or uninsured, and authorize the City Manager to execute all necessary documents.

Commissioner Anderson, seconded by Commissioner Kuseske, moved to approve the consent agenda requests. REGULAR MEETING OF NOVEMBER 30, 2009 Page 204 Consent Agenda With a roll call vote this motion passed. (cont’d) AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

Resolution 09-79 Commissioner Anderson highlighted the availability of the Proposed Setting a Public FY2010 Budget on the City’s website and noted a public hearing on the Hearing for the budget would be held on December 21st. FY2010 Budget 78569 An opportunity was given for citizens to comment on a RESOLUTION setting a public hearing for December 21, 2009 to consider the proposed fiscal year 2010 budget, but no comments were offered.

Commissioner Kuseske, seconded by Commissioner Anderson, moved to adopt a RESOLUTION setting a public hearing on December 21, 2009 to consider the proposed fiscal year 2010 budget for the City of Kalamazoo.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Report on the City Manager Collard asked City Planner Keith Hernandez to report on Concerns of the development project at 3209 Stadium Drive and the concerns of Winchell Winchell Neighborhood residents. Neighborhood Residents with the City Planner Keith Hernandez highlighted four outstanding issues with the Development of development of the BW-3 property on Stadium Drive and the concerns of Property at 2309 Winchell Neighborhood residents: Stadium Drive - the development of property at 3209 Stadium Drive was 78570 proceeding according to approved site plans and building plans. Planner Hernandez reported City staff was monitoring the project.

- the developer had moved soil onto property that was reserved to the City for an easement. Planner Hernandez reported the City would withhold a certificate of occupancy until this situation was resolved.

- the adequacy of the City’s landscaping ordinance was being discussed within the Master Plan development process. Planner Hernandez reported consideration was being given to topographical differences and whether the use of fencing was as effective as natural screening.

- there was a relational history between residents and the property owner. Planner Hernandez reported City staff was willing to facilitate discussions with both parties. REGULAR MEETING OF NOVEMBER 30, 2009 Page 205 Report on the City Manager Collard expressed support for staff and stated the City was Concerns of in a difficult position between the residents, who had legitimate concerns, Winchell and the developer, who had legitimate property rights. City Manager Neighborhood Collard stated both sides had offered comments that had not been helpful Residents with the to the process of finding a reasonable solution. City Manager Collard Development of indicated staff had received a legal opinion about what the City could Property at 2309 enforce. Stadium Drive (cont’d) City Attorney Robinson City Attorney Robinson reported the current landscape ordinance had been in place since 2000, and it had worked 78570 well for almost 10 years. City Attorney Robinson explained zoning ordinances tried to address every situation, but the BW-3 development was a situation where the ordinance didn’t work due to the severe topographical differences between the abutting properties. Regarding the placement of soil on a City utility easement, City Attorney Robinson stated the City was the dominant owner of the sewer easement, and the developer could not burden the property with a structure or other material. City Attorney Robinson expressed hope that the developer and the City would resolve the situation without resort to the courts.

Commissioner Cooney expressed appreciation to City staff for their work and asked to be kept informed of developments in this situation.

Commissioner Anderson commented on possible damage to homes and their foundations as a result of excavation near those homes.

City Attorney Robinson explained damage to homes as a result of the excavation was a matter of common property law, and such damage could create a cause of action between the home owners and the developer.

In response to a question from Commissioner Kuseske, City Attorney Robinson stated he would need to do research on whether the destruction of tree roots during excavation created a cause of action.

In response to a question from Commissioner Miller, City Attorney Robinson stated the City would not be responsible for damage to the residents’ structures and trees.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Chris Franz, City resident, discussed the history of racism, the civil rights movement, and the Marijuana Tax Act of 1937.

Twan Jenkins, City resident, spoke about the Kalamazoo Valley Museum staff barring him and his friends from the museum due to their ages.

Charles Boyle, City resident, spoke regarding the number of candidates in the recent municipal election and requested a charter amendment implementing term limits for City Commissioners.

REGULAR MEETING OF NOVEMBER 30, 2009 Page 206 Meeting Recessed The meeting recessed at 7:30 p.m. The meeting reconvened in the Community Room at 7:42 p.m. New Business Items of new business were considered next.

Organization of the th Commissioners discussed the following topics related to the organization 48 City th of the 48 City Commission: committee assignments; requests for Commission proclamations, resolutions and ordinances; the City Commission Ethics 78571 Policy; communication with the City Administration; notification procedures for vacations, illnesses, and being out of town; requests to attend conferences.

Committee Mayor Hopewell reviewed the committee assignments from the 47th City Assignments Commission and asked Commissioners to indicate their preferences for new assignments. Discussion followed.

Mayor Hopewell indicated he was willing to step down from the Legislative Committee if another Commissioner wanted to serve. Both Commissioners Miller and Moore expressed interest in the Legislative Committee. Mayor Hopewell asked Commissioners Miller and Moore to discuss this committee seat and to let him know who would be filling it, and he stated he would continue serving on the Legislative Committee if an agreement could not be reached.

By consensus the City Commission agreed to the following committee assignments:

Administrative Committee Bobby Hopewell Hannah McKinney Don Cooney

Internal Audit Committee Mayor Hopewell Commissioner Anderson

Legislative Committee Hannah McKinney Don Cooney

Ethics Policy Mayor Hopewell reviewed the Ethics Policy and noted Commissioners needed to submit their signed acknowledgement statements to the City Clerk.

Commissioner Miller expressed a desire to see the advocacy section of the policy “tightened up” regarding use of titles.

Commissioner Anderson stated much thought had been given to this issue by the Ethics Policy Development Subcommittee, but it was decided to not prohibit Commissioners from using their titles. Commissioner Anderson noted the policy required Commissioners to ensure their personal views were not presented as the views of the entire Commission or the City of Kalamazoo.

REGULAR MEETING OF NOVEMBER 30, 2009 Page 207 Ethics Policy City Attorney Robinson remarked that a draft version of the policy had (cont’d) stronger language regarding advocacy and use of titles. 78571 Commissioner Moore questioned when the use of her title would be wrong.

Commissioner Anderson remarked that the policy required the City Commission to review the policy on an annual basis, and he suggested establishing a regular review process.

Mayor Hopewell stated the Ethics Policy Subcommittee could be recreated to review the policy and suggest changes.

Commissioner Cooney stated he didn’t think a committee review was necessary.

Commissioner Kuseske stated a policy that was too specific could be worse than the problem or concern it tried to address.

Commissioners Kuseske and Miller requested information on the history and development of the Ethics Policy.

Mayor Hopewell stated the ethics policy would remain unchanged.

Assignment of Mayor Hopewell reviewed the advisory board liaison assignments from Liaisons to the 47th City Commission and asked Commissioners to indicate their Advisory Boards, preferences for new assignments. Discussion followed. Commissions and Committees By consensus the City Commission agreed to the following liaison assignments:

Mayor Hopewell:

City: Downtown Development Authority Community: Regional Water/Wastewater Commission

Vice Mayor McKinney:

City: Historic Preservation Commission; Downtown Development Authority (alternate) Community: None

Commissioner Cooney:

City: Community Development Act Advisory Committee Community: Public Media Network Board of Directors; Community Action Board

Commissioner Anderson:

City: Community Relations Board; Environmental Concerns Committee Community: Kalamazoo Area Transportation Study Policy Committee

REGULAR MEETING OF NOVEMBER 30, 2009 Page 208 Assignment of Commissioner Miller: Liaisons to Advisory Boards, City: Employee Retirement System Board of Trustees (Pension Commissions and Board); Kalamazoo Municipal Golf Association; Parks and Committees Recreation Advisory Board; Investment Committee of the (cont’d) Retirement System; Perpetual Care Investment Committee 78571 Community: Kalamazoo Area Transportation Study Policy Committee (alternate)

Commissioner Moore:

City: Brownfield Redevelopment Authority; Economic Development Corporation; Friends of Recreation Board Community: None

Commissioner Kuseske:

City: Planning Commission; Kalamazoo Transit Authority Board Community: Kalamazoo County Convention and Visitors Bureau

Requests for Regarding requests for ordinances, resolutions, and proclamations, City Ordinances, Clerk Borling reviewed the range of policies and practices in other Resolutions, and Michigan cities, which included no procedures for accepting agenda item Proclamations requests from citizens or Commissioners at one end of the spectrum, to a very detailed procedure for accepting such requests and holding staff accountable for follow-up at the other end of the spectrum.

City Attorney Robinson stated ordinances, resolutions, and proclamations were instruments through which the City Commission could act, but ordinances and resolutions were used to accomplish the business of the legislative body, whereas proclamations were honorific in nature. City Attorney Robinson indicated a key question was “Whose agenda is it?”, and the answer was usually the City Manager or City Clerk.

Commissioner Kuseske remarked that proclamations should mean something and should not be given indiscriminately. Commissioner Kuseske stated there should be standards for proclamations and recommended the City Commission only recognize people, organizations or events that were significant to the community.

Mayor stated requests for proclamations were submitted by staff, citizens, and Commissioners. Mayor Hopewell stated he would like the designation “48th” be removed from the final section of the proclamation, so that the proclamation would be from the “City Commission.” Mayor Hopewell suggested that some proclamations be presented at a City Commission meeting, and some be presented in the community.

Commissioner Moore stated it would be difficult to create standards for proclamations because an issue, organization or event of importance to one Commissioner might be important to another. Commissioner Moore indicated she would like to know what proclamations were being presented, especially those that are not presented at City Commission meetings.

REGULAR MEETING OF NOVEMBER 30, 2009 Page 209 Requests for Vice Mayor McKinney stated proclamations should come from the entire Ordinances, City Commission and expressed support for Commissioner Moore’s Resolutions, and suggestion that Commissioners be informed of the proclamations that are Proclamations presented in the community. Vice Mayor McKinney suggested the (cont’d) number of proclamations presented at one meeting be limited to three. 78571 Mayor Hopewell asked if the City Commission should approve proclamations not issued at City Commission meetings.

Commissioner Miller suggested that the Mayor present the proclamations at City Commission meetings, and she expressed support for regular reports of proclamations that are issued.

City Manager Collard noted the more problematic proclamation was the proclamation that made a political or policy statement. City Manager Collard suggested the Legislative Committee be the clearinghouse for such proclamations.

Mayor Hopewell suggested the Community Relations Board review policy oriented or political proclamations.

Vice Mayor McKinney stated a majority of the City Commission should express some level of support for proceeding with development of ordinances and business resolutions, as these may require staff time to develop.

Mayor Hopewell stated the question was “How does an item get on the agenda” and remarked that some cities required Commissioner sponsors for ordinances.

Commissioner Anderson suggested requests for ordinances and business resolutions be made under the “New Business” section of the City Commission agenda to gauge Commission interest.

Commissioner Miller suggested the City Commission not adopt any resolutions other than those that do the business of the City. Commissioner Miller stated position resolutions did not accomplish anything and are frequently discarded by the recipients.

Commissioner Cooney expressed disagreement with Commissioner Miller’s suggestion and stated the CC had a right and responsibility to advocate on behalf of Kalamazoo residents.

Commissioner Moore stated many citizens wanted the City Commission to speak on their behalf.

Commissioner Kuseske remarked on the connection between the Legislative Committee and position resolutions and stated the issue was how the City could make an impact on state and federal legislation. Commissioner Kuseske observed the need to balance advocacy on national issues and the work of the City Commission in the community. Commissioner Kuseske stated the establishment of rules would not enable the Commission to strike the proper balance in this area, and the Commission would need to evaluate requests on an individual basis. REGULAR MEETING OF NOVEMBER 30, 2009 Page 210 Requests for In response to a question from Commissioner Moore, City Attorney Ordinances, Robinson stated Commissioners must make it clear they are not Resolutions, and representing the City Commission or City of Kalamazoo when advocating Proclamations as an individual. City Attorney Robinson indicated a simple disclaimer (cont’d) statement would be sufficient. 78571 Vice Mayor McKinney asked the City Attorney to develop a disclaimer that Commissioners could use in advocacy letters. Vice Mayor McKinney stated the “New Business” section of the agenda should be used to provide staff with direction on the development of ordinances.

City Manager Collard noted two Commissioners were able to call a special meeting, and he suggested the number of supportive Commissioners required to get an agenda item on the table did not need to be the same as the number of Commissioners required to dispose of that item.

Vice Mayor suggested that a request from two commissioners be sufficient to place ordinances and resolutions on the agenda under New Business.

City Attorney Robinson suggested getting rid of flowery language in proclamations. City Attorney Robinson noted the use of resolutions was broad and not limited to policy statements, and any rule regarding resolutions would need to take this into consideration.

By consensus the City Commission directed staff to address the following issues: the nomenclature of “resolutions” versus “ordinances,” flowery language in proclamations, and the use of titles and City Commission letterhead for advocacy purposes.

In response to a question from Commissioner Moore, City Manager Collard stated City letterhead was readily available to Commissioners, but the use of this letterhead would communicate that the content of the letter was the official position of the City.

Commissioner Cooney noted senators and representatives used letterhead to express their personal views.

Commissioner Anderson stated the use of City letterhead by Commissioners had not caused a problem, and the Commission should not try to solve a problem that did not exist.

Commissioner Moore requested further clarification on when City letterhead should or should not be used.

Communications Regarding City Commissioner communications with the City between City Administration, City Manager Collard stated there were no issues in Commissioners general, but he asked the Commissioners to be aware that their voices and the City carried more weight than they realized and to be careful when having Administration even casual discussions with department heads.

REGULAR MEETING OF NOVEMBER 30, 2009 Page 211 Notification Mayor Hopewell asked if there were any questions or concerns about the Procedures and notification procedure when Commissioners were ill or out of town, but no Safety Issues concerns were expressed. Mayor Hopewell asked Commissioners about 78571 being notified of “sentinel events” such as plane crashes or large fires.

Vice Mayor McKinney stated Commissioners should be informed of major events before they appear on the front page of the newspaper. Commissioners expressed agreement with Vice Mayor McKinney’s remark.

In response to a question from Commissioner Moore, Mayor Hopewell indicated Commissioners did not need to notify the other Commissioners of illnesses, vacations, or other personal events unless those events result in absences from meetings.

In response to a question from Mayor Hopewell, Commissioners indicated they did not have any questions or concerns about security.

Travel Requests Mayor Hopewell asked Commissioners to limit travel requests to in-state destinations (including Chicago), which were the same limitations placed on City staff. Mayor Hopewell suggested out-of-state travel might be possible if Commissioners were willing to pay for transportation themselves.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Cooney reported Kalamazoo native Derek Jeter had been City Commissioner named “Sportsman of the Year” by Sports Illustrated magazine. Comments (cont’d) Commissioner Cooney noted Jeter’s Turn Two Foundation had spent $10 million on programs for young people.

Commissioner Kuseske thanked staff for reviewing the Proposed 2010 Budget with him that morning.

Mayor Hopewell reminded Commissioners of the business meeting on December 7th.

Adjournment The meeting adjourned at 8:29 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on January 19, 2010

Approved by: ______Bobby J. Hopewell, Mayor Dated: January 19, 2010 REGULAR MEETING OF DECEMBER 7, 2009 Page 212 A regular meeting of the Kalamazoo City Commission was held on Monday, December 7, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Invocation The invocation, given by Reverend Michael Brown, Kalamazoo Gospel Mission, was followed by the Pledge of Allegiance.

Introduction of The following City employees were introduced and recognized as the Guests – 2009 City 2009 City Manager “All Star Award” winners: Manager All Star Award Winners Marvin Liggins, Public Services Department Gary Ossino, Public Services Department 78572 Kenneth Skibbe, Public Safety Department

City Manager Collard noted Public Safety Officer (PSO) Keaton Nielsen had been injured in a military training exercise in Afghanistan, and he recognized the presence of PSO Todd Christiansen, a military reserve member who was home on temporary leave from Afghanistan. City Manager Collard remarked on the service being performed by the following City employees on active military duty and recognized them as 2009 City Manager “All Stars”:

Todd Christiansen Gerald Luedecking Brett Lewis Keaton Nielsen Joel Vanzytveld Randy Erridge

PSO Christiansen thanked the City Manager for recognizing PSO Nielsen’s injury, and he thanked City Commissioners for supporting the American troops regardless of their political opinions of the war.

Proclamation Vice Mayor McKinney, on behalf of Mayor Hopewell, read a proclamation 78573 honoring Borgess Health - 120 Years of Innovative Medicine and Inspired Care. Paul Spaude, President, Borgess Health Alliance, was present to receive the proclamation. Also present were Sister Mary Joan Walsh, and Sister Betty Veenhuis.

Mayor Hopewell thanked Borgess in general and Mr. Spaude specifically, for allowing him the time to serve as Mayor. REGULAR MEETING OF DECEMBER 7, 2009 Page 213 Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda as presented.

Commissioner Anderson requested that Item F-6 (conveyance of property to the Family Health Center) be moved to the Regular Agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: At 7:23 p.m. Mayor Hopewell opened a public hearing to receive public an EDC Project comment on a RESOLUTION approving an EDC project plan for Plan and EIF Loan Mossberg Precision Diagnostics, LLC and the Transfer of $75,000 from for Mossberg the Economic Initiative Fund to the Economic Development Corporation Precision Budget for an EIF Loan for a project located at 3308 Covington Road. Diagnostics at 3308 Covington Eric Gatmaitan, CEO of Mossberg Precision Diagnostics, spoke in Road support of the motion and thanked the City and Southwest 78574 Michigan First for providing support for the project.

At 7:27 p.m. Mayor Hopewell closed the public hearing.

Resolution 09-80 Commissioner Miller, seconded by Commissioner Anderson, moved to Approving an EDC adopt a RESOLUTION approving Mossberg Precision Diagnostics, LLC Project Plan and EDC Project Plan and the Transfer of $75,000 from the Economic EIF Loan for Initiative Fund to the Economic Development Corporation Budget for an Mossberg EIF Loan for a project located at 3308 Covington Road. Precision Diagnostics at With a roll call vote this motion passed unanimously. 3308 Covington Road AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell 78574 NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items and authorize the City Manager to sign on behalf of the city:

78575 - approval of a three-year contract with Mercer for health care and benefits consulting and brokerage services in the amount of $236,436 for the period January 1, 2010 through December 31, 2012.

78576 - approval of a contract extension with Unique Paving Materials Corporation for the purchase of 1,200 tons of asphalt patching material for a total estimated expenditure of $124,800.

78577 - approval of a contract with Layne Christensen Company to perform rehabilitation work to the Ranney Collector Well system at Water Pumping Station 39 (Morrow Lake) for an amount not-to-exceed $105,000.

Resolution 09-81 - adoption of a Michigan Department of Consumer & Industry 78578 Services, Liquor Control Commission RESOLUTION to allow Aloha REGULAR MEETING OF DECEMBER 7, 2009 Page 214 Consent Agenda Kalamazoo, LLC, doing business as Shakespeare’s Pub, located at (cont’d) 241 E Kalamazoo Avenue, Kalamazoo, MI two additional bar permits for a total of 4 bars and include a entertainment permit to be held in conjunction with 2008 resort C Class License business and SDM license with outdoor service (2 areas) and 2 bars.

Resolution 09-82 - adoption of a Michigan Department of Consumer & Industry 78579 Services, Liquor Control Commission RESOLUTION to allow AGR Inc. doing business as Casa Bolero located at 116 Portage Rd, Kalamazoo, MI to purchase a liquor license from the State of Michigan under the New Downtown Redevelopment Program.

78580 - approval of a conditional loan commitment to Altomec Endoscopy, Inc. and RAHMA Enterprise, LLC in the amount of $40,000 from the city’s Small Business Revolving Loan Fund to partially fund the renovation and purchase of property located at 3310 Miller Road and the purchase of equipment by the applicant.

78581 - approval of a request from New Year’s Fest of Kalamazoo, to publicly display fireworks at the Radisson Parking Structure on Thursday, December 31, 2009 at midnight as a part of the annual New Year’s Fest event.

78582 - approval of a recommendation to hold until December 21, 2009 final consideration of the transfer of the following eight city-owned properties to the City of Kalamazoo Brownfield Redevelopment Authority and authorize the City Manager to sign all documents necessary to effectuate such action for the following properties: 211 and 631 East North Street; 1008, 1014, 1024 and 1025 North Pitcher Street; and 1021 and 1028 Porter Street.

Commissioner Moore, seconded by Commissioner Kuseske, moved to approve the consent agenda requests.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda items were considered next.

Resolution 09-83 An opportunity was given for citizens to comment on a recommendation Approving the to adopt a RESOLUTION approving the redevelopment and purchase Conveyance of agreement and approve an amendment to the agreement to convey the Property to the property at 1308 North Burdick Street to Family Health Center, Inc. for Family Health $1.00 and due consideration, but no comments were offered. Center 78583 Commissioner Anderson, seconded by Commissioner Cooney, moved to adopt a RESOLUTION approving the redevelopment and purchase agreement and approve an amendment to the agreement to convey the property at 1308 North Burdick Street to Family Health Center, Inc. for $1.00 and due consideration in developing a Health Care Access Center REGULAR MEETING OF DECEMBER 7, 2009 Page 215 Resolution 09-83 to provide medical services to residents of the community that are Approving the underinsured or uninsured, and authorize the City Manager to execute all Conveyance of necessary documents. Property to the Family Health Prior to a vote on the motion, Commissioner Anderson discussed Center (cont’d) concerns he had heard regarding the value of the property and stated the 78583 property was not worth $286,000 (the City’s original acquisition cost) in the current housing market. Commissioner Anderson noted the City did not have an interest in using or developing this property. Commissioner Anderson indicated this property conveyance allowed the City to provide some support to the Family Health Center when direct financial support was not possible. Commissioner Anderson expressed support for the motion.

With a roll call vote this motion passed unanimously.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

City Clerk’s Report City Clerk Borling reported the following items: 78584 - the following lawsuit was received and referred to the City Attorney’s Office:

- Gilbert and Carol Olivares v City of Kalamazoo, a Municipal Corporation, and Texas Township, a Michigan Chartered Township, jointly and severally

- the following correspondence was received and referred to the Public Services Department:

- a request from Kalamazoo Valley Community College for a traffic control change in the 200 block of North Rose Street.

- the City Commission has received as informational minutes of the following advisory boards and commissions:

- Community Development Act Advisory Committee - Thursday, October 8. 2009

- Dangerous Buildings Board - Thursday, September 3, 2009

- Downtown Development Authority - Monday, October 19, 2009

- Environmental Concerns Committee - Wednesday, October 21, 2009

- Investment Committee of the Retirement System - Wednesday, November 18, 2009 REGULAR MEETING OF DECEMBER 7, 2009 Page 216 City Clerk’s Report - Kalamazoo Transit Authority Board (cont’d) - Friday, August 28, 2009 78584 - Friday, September 25, 2009 - Friday, October 23, 2009

- Perpetual Care Investment Committee - Wednesday, November 18, 2009 - Planning Commission - Thursday, November 5, 2009

- Zoning Board of Appeals - Thursday, October 8, 2009

- the following special event were approved in the month of November:

- a request from DKA Charities, Inc. to use City streets on Saturday, November 14, 2009 beginning at 6:30 a.m. for the annual Holiday Parade.

- a request from Downtown Kalamazoo, Inc. to use the Kalamazoo Mall on Saturday, November 14, 2009 beginning at 10:30 a.m. for an After Parade Activity.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

78585 Monica Westover, City resident, spoke regarding black supremacists and stated Kalamazoo was an evil city. Ms. Westover made various accusations and statements regarding City Commissioners and City Commission appointees, past and present. Ms. Westover’s written remarks were filed with the papers for this meeting.

78586 Matthew Pausch, non-resident, spoke on behalf of the Michigan Organizing Project (MOP) and requested that City support the “Banning the Box” initiative, which involved removing the request for disclosure of prior criminal offenses from City employment applications and deferring background checks on prospective employees until later in the hiring process. Mr. Pausch’s written remarks were filed with the papers for this meeting.

Jonathan Braun, City resident, spoke in favor of the “Banning the Box” initiative and described his own struggle to find employment following his release from incarceration.

Phillip Cruz, City resident, spoke on behalf of the Hispanic American Council and expressed support for the “Banning the Box” initiative.

Mattie Jordan-Woods, City resident, spoke on behalf of the Northside Association for Community Development (NACD) and thanked City Commissioners and City Manager Collard for recognizing that some potentially good employees did not get REGULAR MEETING OF DECEMBER 7, 2009 Page 217 Citizen Comments hired simply because of their criminal background. Ms. Jordan (cont’d) Woods thanked City Manager Collard for taking the initiative and approaching various community organizations regarding a remedy to this problem.

Jomil Wells, City resident, spoke on behalf of the Interfaith Strategy for Action and Advocacy in the Community (ISAAC) and expressed support for the “Ban the Box” initiative. Ms. Wells thanked City Manager Collard for taking the initiative to address this issue.

Denise Crawford, City resident, spoke on behalf of the Family Health Center and thanked the City Commission for approving the conveyance of property to the Health Center.

Reverend John McNaughton, City resident, described his experience preparing incarcerated men for reentry into society, and he spoke in favor of eliminating the requirement for City job applicants to disclose criminal histories on the application form.

Beth Cain and Allison Lincoln, City residents, asked the City Commission and the citizens to support Michigan Blood, the new blood suppliers for Borgess and Bronson Hospitals.

Larry Ross, City resident, offered the following comments on the development of the BW3 property on Stadium Drive: City staff had been very helpful thus far; residents continued to have communication problems with the developer, Mr. Schell; and there were potential good outcomes from this situation, including changes to City ordinances regarding green development and buffer zones between residential and commercial property. Mr. Ross requested the City’s facilitate communication between Mr. Schell and Winchell Neighborhood residents.

Frank Warren, City resident, noted it was Pearle Harbor Day and stated he was proud to be a veteran.

Linda Wiley, City resident, thanked the City Commission for supporting the expansion of the Family Health Center.

Kay Perry, City resident, described her work with ex-felons and expressed support for the “Ban the Box” initiative.

Asha Khazad, City resident, stated a person who had been incarcerated and served their time should be given the chance to make a new life. Mr. Khazad suggested questions regarding an applicant’s criminal history and time spent in an insane asylum be removed from City employment application forms. Commissioner Comments Finally, an opportunity was given for miscellaneous comments and concerns of City Commissioners.

Commissioner Kuseske noted his attendance at a meeting with the EPA regarding the clean-up of the former Allied Paper Mill site. Commissioner REGULAR MEETING OF DECEMBER 7, 2009 Page 218 Commissioner Kuseske complimented City staff for strongly communicating the City’s Comments (cont’d) position, and he stated the City needed to determine the best use for the property after the clean-up.

Commissioner Moore congratulated the Family Health Center on its planned expansion and noted the Ministry with Community “underwear party” had taken place that afternoon. Commissioner Moore the Kalamazoo Central men’s basketball team would present a fashion show on December 12th. Commissioner Moore thanked the citizens who talked about the “Ban the Box” initiative, and she expressed a desire to talk with Commissioner Miller about the vacant seat on the Legislative Committee.

Commissioner Miller remarked on the quality of the City’s legal staff and reported Governor Granholm had appointed Assistant City Attorney Marcia Jones to a review panel in Benton Harbor.

Commissioner Cooney noted Thursday, December 9th was Human Rights Day and stated healthcare was a human right. Commissioner Cooney stated citizens would be demonstrating for healthcare reform at the corner of Michigan Avenue and Park Street.

Mayor Hopewell offered remarks on the death of his uncle, Pearl Harbor Day, and the Friends of Recreation fund raiser on December 6th. Mayor Hopewell commented on the integrity of City Commissioners and City staff members.

Adjournment The meeting adjourned at 8:17 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on February 1, 2010

Approved by: ______Bobby J. Hopewell, Mayor Dated: February 1, 2010 SPECIAL MEETING OF DECEMBER 14, 2009 Page 219 A special meeting of the Kalamazoo City Commission was held on Monday, December 14, 2009 at 4:01 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell Vice Mayor Hannah McKinney David Anderson Don Cooney* Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: None

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and Deputy City Clerk Virginia Vander Roest.

Commissioner Commissioner Moore, seconded by Commissioner Kuseske, moved to Excused excuse the absence of Commissioner Cooney. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

City Manager Collard distributed the 2010 Budget Presentation.

*Commissioner Cooney arrived at 4:12 p.m.

Programmatic City Manager Collard introduced City staff members who provided Review programmatic reviews of the following areas: Presentations Sustainable Community – Community Planning & Development 78587 Director Jeff Chamberlain

Environmental Stewardship & Infrastructure – Public Services Director Bruce Merchant

Community Building - Parks and Recreation Director Frances Jewell

Neighborhood Development – Public Safety Chief Jeff Hadley

Director Merchant, in response to a question from Mayor Hopewell, stated the Community Planning and Development Department is scheduled to move to the Stockbridge Street facility during the third quarter of 2010.

Director Chamberlain stated there were two categories of building demolitions, destruction and deconstruction, in response to a question from Commission Kuseske. Deconstruction is a category still being researched and refined.

In response to a question from Vice Mayor McKinney, Director Merchant stated Public Services was composting leaves, but food waste was an area being explored and discussed with Western Michigan University. SPECIAL MEETING OF DECEMBER 14, 2009 Page 220 Programmatic Commissioner Kuseske and Commissioner Cooney encouraged Review communication with the community to increase awareness of City Presentations environmental programs as well as citizen opportunities to contribute. (cont’d) 78587 Vice Mayor McKinney questioned whether encouraging window replacement with the weatherization program and the historic window replacement policy were policies that conflicted with each other too much and if they should be reviewed to see if there could be a better balance.

Director Jewell, in response to a question from Commissioner Moore, stated school principals generally referred students that participate in the suspension program.

Commissioner Kuseske promoted communication to citizens regarding the youth opportunities that are available with the Parks and Recreation Department and throughout the city.

Commissioner Cooney expressed concerns regarding the lack of programming for 18-24 year olds.

Mayor Hopewell suggested there could be an opportunity for Parks and Recreation and Metro Transit to partner to encourage youth participation in various programs with bus rides or tokens. The Mayor further stated that there should be a focus in the youth employment program on giving the participants a skill or talent they can use after the program is finished.

Commissioner Moore suggested the city provide ideas of job duties to the summer youth employment employers to encourage providing more job opportunities in the program.

Chief Hadley, in response to a question regarding the Public Safety professional development budget from Commissioner Miller, explained that Crisis Intervention Training would be conducted in the City and would partner with the mental health community. In addition, Chief Hadley stated that one officer would be going to the FBI Academy which is a fully funded training opportunity.

Commissioner Kuseske recommended to Chief Hadley that the Public Safety Department reach out to those neighborhoods without an active association.

Chief Hadley explained to the Commission in reply to a question from Commissioner Kuseske that the Citizens Public Safety Review & Appeal Board is partnering with Gryphon Place to provide assistance to citizens developing an appeal case and that the Board is also working on a process for investigations relating to Ordinance 1856.

Commissioner Moore asked Chief Hadley for an update on the status of various topics, including: truancy, petty thief sentences, gun buy back programs, a program for those with outstanding warrants to turn themselves in, Transit Center crime, and the hiring and promotion of minorities.

SPECIAL MEETING OF DECEMBER 14, 2009 Page 221 Programmatic Mayor Hopewell commended the Public Safety Department for its Broken Review Windows program and encouraged the Department to communicate their Presentations project areas in advance to facilitate community involvement. Mayor (cont’d) Hopewell also encouraged the Administration to strengthen the use of Information Technology for communication efforts. 78587

Commissioner Anderson commended City Manager Collard for his presentation and ability to share the spotlight with the bright Department Heads he surrounds himself with that are working so well together during this time of change.

Mayor Hopewell recessed the meeting at 6:32 p.m.

Mayor Hopewell reconvened the meeting at 7:10 p.m.

Fiscal Stewardship Management Services/Finance Director Tom Skrobola gave a & FY 2010 Budget presentation on Fiscal Stewardship and an overview of the 2010 Budget. Overview Presentation City Manager Collard presented the FY2010 Proposed Budget for the General Fund. 78587

City Manager Collard stated that there were no reserves for salary increases in FY2010 and that contract negotiations would take place during that time, in response to a question from Commissioner Kuseske.

Mayor Hopewell stressed customer service and the importance of citizens having multiple portals to the organization.

General Fund Commissioner Anderson, seconded by Commissioner Moore, moved to FY2010 Proposed tentatively approve the FY2010 Proposed General Fund Budget. Budget Presented and Tentatively With a roll call vote this motion passed unanimously. Approved YEAS: Commissioners Anderson, Kuseske, Miller, Moore, Vice 78587 Mayor McKinney, Mayor Hopewell

NAYS: None

Capital City Engineer Frank Szopo presented the FY2010 Proposed Budget for Improvement Capital Improvements including major and local streets. FY2010 Proposed Budget Presented Commissioner Cooney inquired if the Eastside Community Center project and Tentatively was on the Capital Improvement list. City Manager Collard stated that it Approved was not but if the Commission desired to give funds to the project that the 78587 Capital Improvement budget would be the correct fund for the project.

Vice Mayor McKinney expressed her concerns regarding life bonding.

Commissioner Anderson, seconded by Commissioner Kuseske, moved to tentatively approve the FY2010 Proposed Budget for Capital Improvements including major and local streets.

With a roll call vote this motion passed unanimously.

SPECIAL MEETING OF DECEMBER 14, 2009 Page 222 YEAS: Commissioners Anderson, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Enterprise Fund The following staff members presented the FY2010 Proposed Budget for FY2010 Proposed the Enterprise Funds: Budget Presented and Tentatively Farmer’s Market – Parks and Recreation Director Frances Jewell Approved 78587 Transportation – Executive Director William Schomisch

Wastewater Fund & Water Fund – Public Services Director Bruce Merchant

Director Merchant, in response to an inquiry from Commissioner Miller, stated there is no ability to control sprinkling outside of the City limits.

Director Merchant explained the water main replacement schedule to the Commission when Commissioner Anderson requested the information.

Commissioner Moore, seconded by Commissioner Kuseske, moved to tentatively approve the FY2010 Proposed Budget for the Enterprise Funds including Farmer’s Market, Transportation, Wastewater and Water.

With a roll call vote this motion passed unanimously.

YEAS: Commissioners Anderson, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Special Revenue Director Merchant presented the FY2010 Proposed Budget for the Funds FY2010 Special Revenue Funds including Major & Local Street, Cemeteries, and Proposed Budget Solid Waste. Presented and Tentatively Commissioner Kuseske, seconded by Commissioner Moore, moved to Approved tentatively approve the FY2010 Proposed Budget for the Special Revenue Funds including Major & Local Street, Cemeteries, and Solid 78587 Waste.

With a roll call vote this motion passed unanimously.

YEAS: Commissioners Anderson, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Component Units Executive Director Kisscorni presented the FY2010 Proposed Budget for FY2010 Proposed the Brownfield Redevelopment Authority (BRA), Economic Development Budget Presented Corporation (EDC) and the Local Development Finance Authority (LDFA). and Tentatively Director Skrobola presented the FY2010 Proposed Budget for Kalamazoo Approved Municipal Golf Association (KMGA). 78587 SPECIAL MEETING OF DECEMBER 14, 2009 Page 223 Component Units Commissioner Miller, seconded by Commissioner Moore, moved to FY2010 Proposed tentatively approve the FY2010 Proposed Budget for the Component Budget Presented Units including the BRA, EDC, LDFA and KMGA. and Tentatively Approved (cont’d) With a roll call vote this motion passed unanimously. 78587 YEAS: Commissioners Anderson, Kuseske, Miller, Moore, Vice Mayor McKinney, Mayor Hopewell

NAYS: None

Citizen Comments An opportunity was given for citizen comments, but no comments were offered.

Commissioner Finally, an opportunity was given for miscellaneous comments and Comments concerns from Commissioners, but no comments were offered.

Adjournment The meeting adjourned at 9:40 p.m.

Respectfully submitted,

Virginia M. Vander Roest Deputy City Clerk

For City Commission approval on January 19, 2010

Approved by: ______Bobby J. Hopewell, Mayor Dated: January 19, 2010 NEIGHBORHOOD MEETING OF DECEMBER 21, 2009 Page 224 A neighborhood meeting of the Kalamazoo City Commission was held on Monday, December 21, 2009 at 6:00 p.m. in the Community Room at City Hall, 241 W. South Street.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby Hopewell David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were Deputy City Manager Jerri Barnett-Moore, City Attorney Clyde Robinson, and City Clerk Scott Borling.

Commissioner Commissioner Anderson, seconded by Commissioner Moore, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote, the motion passed.

Miscellaneous An opportunity was given for miscellaneous communications, but no Communications communications were offered.

Neighborhood Representatives of the following neighborhood organizations were Communications present:

Northside Association for Community Development Mattie Jordan-Woods, Executive Director Deborah Fields, Resident Anthony Poplar, Resident

West Main Hill Neighborhood Association Bob Stauffer, Vice President

Northside The Northside Assocation for Community Development representatives: Association for Community - stated they did not have any complaints with City departments. Development - noted the Association was collaborating with many other community organizations to work towards their common goals.

- reported the Northside Neighborhood plan would be unveiled at an special event. Ms. Jordan-Woods noted the consultants developing the plan had discovered residents’ opinions of the Neighborhood’s needs had not changed since the 1990’s.

- indicated a Request for Proposals (RFP’s) for a grocery store operator had been sent out, and two proposals were accepted. Ms. Jordan-Woods stated the Association would decide on a future direction during the week of January 4th.

In response to a question from Commissioner Kuseske, Ms. Jordan- Woods stated she was working with Andrea Augustine to incorporate the neighborhood plan into the City’s Master Plan. Ms. Jordan-Woods indicated lighting improved in the neighborhood over the past year. NEIGHBORHOOD MEETING OF DECEMBER 21, 2009 Page 225 West Main Hill The West Main Hill Neighborhood Association representative: Neighborhood - commended Association President Steve Terranella for his work.

- remarked on the success of the USTA picnic in August.

- reported the Association had sponsored an ice cream social, a winter carnival, and a neighborhood garage sale.

- thanked Public Safety Officers for attending the Association’s monthly meetings.

- stated residents were concerned about the proposed downtown sports arena and the historic homes to the west of the proposed site. Mr. Stauffer reported one Association meeting featured a presentation on the sports arena, which was well received.

- discussed the residents’ relationship with WMU students and remarked on the debate about the use of neighborhood streets as access routes to businesses on the hilltop.

- expressed concern about issues with student rental housing in the triangle to the south of Lovell Street and the east of Monroe.

- described the challenges and opportunities regarding long-range planning for the hilltop commercial area due to the convergence of Kalamazoo Township/Kalamazoo City in this area.

In response to a question from Commissioner Anderson, Mr. Stauffer stated the Association had not received concerns or complaints about the process for renovating historic homes in the Neighborhood.

Citizen Comments Next, an opportunity was given for citizen comments, but no comments were offered.

Adjournment The meeting adjourned at 6:22 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on January 19, 2010

Approved by: ______Bobby J. Hopewell, Mayor Dated: January 19, 2010 REGULAR MEETING OF DECEMBER 21, 2009 Page 226 A regular meeting of the Kalamazoo City Commission was held on Monday, December 21, 2009 at 7:00 p.m. in the City Commission Chambers at City Hall.

Roll Call COMMISSIONERS PRESENT: Mayor Bobby J. Hopewell David Anderson Don Cooney Terry Kuseske Barbara Miller Stephanie Moore

COMMISSIONERS ABSENT: Vice Mayor Hannah McKinney

Also present were City Manager Ken Collard, City Attorney Clyde Robinson, and City Clerk Scott A. Borling.

Commissioner Commissioner Kuseske seconded by Commissioner Cooney, moved to Excused excuse the absence of Vice Mayor McKinney. With a voice vote the motion passed.

Invocation The invocation, given by Pastor Tim McNinch, Vinyard Church of Kalamazoo, was followed by the Pledge of Allegiance.

Adoption of the By unanimous consent the City Commission adopted its meeting agenda Agenda with the following change:

A citizen requested that Items F-3 (first reading of a water rate ordinance) and F-4 (first reading of a wastewater rate ordinance) be moved from the Consent Agenda to the Regular Agenda.

Communications City Manager Collard invited the public to attend meetings of various boards and commissions.

Public Hearing re: Patsy Moore, Budget and Accounting Director, summarized the proposed the FY2010 FY2010 budget. Proposed Budget At 7:06 p.m. Mayor Hopewell opened a public hearing to receive public 78588 comments regarding the proposed FY2010 budget for the City of Kalamazoo.

Motion to Close At 7:07 p.m. Commissioner Anderson, seconded by Commissioner Miller, the Public Hearing moved to close the public hearing on the proposed FY2010 budget.

Prior to a vote on this motion, Commissioner Anderson stated the budget document was available on the City’s website and noted Commissioners and staff had spent many hours reviewing the proposed budget.

Commissioner Cooney stated Commissioners and staff had spent many hours working on the budget, including a six hour public meeting on December 14th.

Commissioner Kuseske thanked City staff and the City Commission for the quarterly budget review process, which allowed the Commission to track expenditures and make adjustments in a time-appropriate manner. REGULAR MEETING OF DECEMBER 21, 2009 Page 227 Motion to Close Commissioner Kuseske noted the City Administration and City the Public Hearing Commission considered projections for the 2011 and 2012 budget years (cont’d) when developing the 2010 budget. 78588 Commissioner Moore thanked City staff for helping Commissioners understand the budget so they could communicate effectively with their constituents. Commissioner Moore highlighted partnerships between the City and community organizations and commended staff for a job well done.

With a roll call vote the motion to close the public hearing passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

Consent Agenda Consent Agenda items were presented as follows with a recommendation to approve the items with authorization for the City Manager to sign on behalf of the city:

78589 - approval of a one-year maintenance contract with Intergraph Public Safety to provide for the continued maintenance of the city’s computer-aided dispatching, records management systems and mobile data computing systems in the amount of $137,280.

78590 - approval of a one-year maintenance contract with Motorola, Inc., to provide for continued maintenance for the Department’s 800 MHz digital radio system in the amount of $132,080.59.

Resolution 09-84 - adoption of a performance and indemnification RESOLUTION 78591 designating the City Clerk and Deputy City Clerk as City officials authorized to apply to the Michigan Department of Transportation for a permit to place banners on the South Westnedge pedestrian overpass during the period from January 1, 2010 to December 31, 2010.

Resolution 09-85 - adoption of a RESOLUTION to approve three applications for 78592 Neighborhood Enterprise Zone certificates in the Vine Neighborhood Enterprise Zone.

Resolution 09-86 - adoption of a RESOLUTION approving and establishing the 78593 schedule of regular City Commission meetings for the 2010 calendar year.

78594 - approval of the renewal of the Working Agreement between the Kalamazoo Transit Authority Board of Directors and the Kalamazoo City Commission effective January 1, 2010, through December 31, 2010, and authorize the City Manager to execute such an agreement on behalf of the City of Kalamazoo.

78595 - approval the transfer of the following eight city-owned properties to the City of Kalamazoo Brownfield Redevelopment Authority and authorize the City Manager to sign all documents necessary to REGULAR MEETING OF DECEMBER 21, 2009 Page 228 Consent Agenda effectuate such action for the following properties: 211 and 631 (cont’d) East North Street; 1008, 1014, 1024 and 1025 North Pitcher Street; and 1021 and 1028 Porter Street.

78596 - approval of the following appointments to advisory boards and commissions:

- the appointment of Nick Gardner to the Community Development Advisory Act Committee as the Eastside neighborhood representative for a term expiring on March 31, 2011.

- the appointment of Lena Haynes to the Community Development Advisory Act Committee for a term expiring on March 31, 2010. This appointment recommendation also includes a request to waive City Commission Rule 12k regarding residency.

- the appointment of Connolly Jenkins to the Community Development Advisory Act Committee for a term expiring on March 31, 2011.

- the appointment of Pat McCarthy to the Community Development Advisory Act Committee for a term expiring on March 31, 2010.

- the appointment of Matt Milcarek to the Community Development Advisory Act Committee as the Vine neighborhood representative for a term expiring on March 31, 2011.

- the appointment of William Wells to the Community Development Advisory Act Committee as the Edison neighborhood representative for a term expiring on March 31, 2010.

- the appointment of David J. Hyde to the Dangerous Buildings Board as a Historic District Property Owner for a term expiring on March 31, 2011.

- the appointment of Stu Eddy to the Downtown Development Authority’s Residential Authority Council for a term expiring on March 1, 2010.

- the appointment of Mark Kraai to the Downtown Development Authority’s Residential Authority Council for a term expiring on March 1, 2010.

- the appointment of Teeoncey Dorshee Sanders to the Parks and Recreation Advisory Board as a youth representative for a term expiring on January 1, 2012.

Commissioner Anderson, seconded by Commissioner Moore, moved to approve the consent agenda requests. REGULAR MEETING OF DECEMBER 21, 2009 Page 229 Consent Agenda With a roll call vote this motion passed. (cont’d) AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

Regular Agenda Regular Agenda Items were considered next.

City Manager Collard requested that Items F-3 and F-4, ordinances to amend the wastewater and water service rates, be considered together.

City Attorney Robinson indicated each ordinance needed to be considered separately

First Reading of an When an opportunity was given for citizens to comment on a Ordinance to recommendation to offer for first reading an ORDINANCE to amend Change the Rates certain sections of Chapter 28 of the Kalamazoo Code to change the Charged for rates charged for wastewater service increasing revenues by 3.0%, Wastewater effective February 01, 2010, the following citizens offered comments: Service Rich Pierson, non-resident and Director of the Gull Lake Sewer 78597 and Water Authority, the South County Sewer and Water Authority, and the Kalamazoo Regional Water and Wastewater Commission.

Mark Beauchamp, non-resident and rate consultant for the Kalamazoo Regional Water and Wastewater Commission.

David Healy, non-resident and Texas Township Supervisor.

Commissioner Cooney, seconded by Commissioner Kuseske, moved to offer for first reading an ORDINANCE to amend certain sections of Chapter 28 of the Kalamazoo Code to change the rates charged for wastewater service increasing revenues by 3.0%, effective February 01, 2010.

Prior to a vote on the motion, City Manager Collard offered comments and provided information in response to questions and comments from City Commissioners. A complete transcript of the comments, discussion, and actions related to the proposed wastewater rate ordinance was included with the papers for this meeting and made part of these minutes by reference.

With a roll call vote, the motion to offer the ordinance for first reading passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

REGULAR MEETING OF DECEMBER 21, 2009 Page 230 First Reading of an When an opportunity was given for citizens to comment a Ordinance to recommendation to offer for first reading an ORDINANCE to amend Change the Rates certain sections of Chapter 38 of the Kalamazoo Code to change the Charged for Water rates charged for water service increasing revenues by 5.0%, effective Service February 01, 2010, the following citizens offered comments: 78598 Tim Hudson, non-resident and Comstock Township Supervisor.

Libby Heiny-Cogswell, non-resident and Oshtemo Township Supervisor.

Mark Beauchamp, non-resident and rate consultant for Utility Financial Services.

Jeff Sorensen, non-resident and former Cooper Township Supervisor.

Dave Healy, non-resident and Texas Township Supervisor.

Commissioner Kuseske, seconded by Commissioner Moore, moved to offer for first reading an ORDINANCE to amend certain sections of Chapter 38 of the Kalamazoo Code to change the rates charged for water service increasing revenues by 5.0%, effective February 01, 2010.

Prior to a vote on the motion, City Manager Collard offered comments and provided information in response to questions and comments from City Commissioners. A complete transcript of the comments, discussion, and actions related to the proposed water rate ordinance was included with the papers for this meeting and made part of these minutes by reference.

With a roll call vote, the motion to offer the ordinance for first reading passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

Resolution 09-87 Laura Lam, Community Development Manager, stated the US Census re: U.S. Census had asked the City to adopt a resolution recognizing Census Day and Complete Count supporting the creation of a Complete Count Committee. Ms. Lam Committee indicated the purpose of the committee was to strengthen census 78599 participation through collaboration with community organizations, institutions, and businesses. Ms. Lam noted Congressional representation and the distribution of federal funds were based on census counts, so it was important to ensure that all Kalamazoo residents were counted.

An opportunity was given for citizens to comment on a recommendation to adopt a RESOLUTION of partnership with the U.S. Census Bureau to designate April 1, 2010 as Census Day and appoint a Complete Count Committee, but no comments were offered.

REGULAR MEETING OF DECEMBER 21, 2009 Page 231 Resolution 09-87 Commissioner Anderson, seconded by Commissioner Moore, moved to re: U.S. Census adopt a RESOLUTION of partnership with the U.S. Census Bureau to Complete Count designate April 1, 2010 as Census Day and appoint a Complete Count Committee (cont’d) Committee. 78599 Prior to the vote and in response to a question from Mayor Hopewell, Ms. Lam stated there was no formal appointment process and explained the Committee would partner with community leaders and encourage the participation of as many groups as possible.

In response to questions from Commissioner Kuseske, Ms. Lam stated the census form was very short and reported the Committee was trying to establish “Be Counted” sites in the community to assist people with the census questionnaire. Ms. Lam also indicated the Committee wanted to partner with organizations that had unique skills and relationships to help count populations that were difficult to count.

Mayor Hopewell stated many community partners were involved in the effort to get a complete census count and noted Commissioners should have received census information in their mailboxes.

Commissioner Miller stated the 2010 census was a vital count for the City of Kalamazoo and Kalamazoo County. Commissioner Miller stated this resolution would probably be the only resolution of support she would vote on during the current Commission term, as the subject of this resolution was not “fluff” like many of the resolutions of support the Commission was asked to adopt.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

Approval of a Community Planning and Development Director Jeff Chamberlain gave a Grant to the brief presentation on the proposed transfer of grant funds to the Kalamazoo County Kalamazoo County Land Bank Authority for the purchase of the Land Bank re: the Marketplace at Washington Square Plat. Director Chamberlain described Marketplace at the history of the plat and stated the City and the Local Initiatives Support Washington Corporation (LISC) would provide funds so the Land Bank could purchase Square Plat the property and attempt to attract a developer.

78600 In response to questions from Commissioner Cooney, Director Chamberlain stated the City had already received $1.7 million through the Neighborhood Stabilization Program I. Director Chamberlain reported the City had applied for almost $20 million in funds through the Neighborhood Stabilization Program II, and these funds, if awarded, would be used for property acquisition, holding costs, demolitions, housing rehab, new construction, and financing.

In response to a question from Commissioner Kuseske, Director Chamberlain stated some lots in the Marketplace Plat had high water tables and may require different construction techniques, but they were REGULAR MEETING OF DECEMBER 21, 2009 Page 232 Approval of a still buildable. Director Chamberlain stated the lots were 50 feet wide and Grant to the noted there had been discussions with the neighborhood about splitting Kalamazoo County some of the lots to create larger lots. Land Bank re: the Marketplace at In response to questions from Commissioner Anderson, Director Washington Chamberlain explained the proposed grant to the Land Bank would take Square Plat away some housing rehab dollars, but the City would be receiving more (cont’d) funds for housing rehab under Neighborhood Stabilization Program II. 78600 Director Chamberlain indicated the purchase price of $480,000 was the lowest price ever agreed to by the developer and represented the land value as determined by the City Assessor. Director Chamberlain stated the loss of tax revenue would be a few thousand dollars per year while the property was in the Land Bank. Director Chamberlain explained that once houses were built and sold the properties would begin returning to the tax rolls, but the City would realize only one-third of the tax revenue from these properties because the entire plat was in a Neighborhood Enterprise Zone.

An opportunity was given for citizens to comment on a recommendation to approve a grant of $330,000 to the Kalamazoo County Land Bank Authority for the purchase of the Marketplace at Washington Square Plat, but no comments were offered.

Commissioner Kuseske, seconded by Commissioner Moore, moved to approve a grant of $330,000 to the Kalamazoo County Land Bank Authority ($35,000 as a pass through grant from the Kalamazoo Community Foundation’s Jack Hopkins Community Redevelopment Fund, and $295,000 as a grant from the Federal Neighborhood Stabilization Program) for the purchase of the Marketplace at Washington Square Plat and authorize the City Manager to sign all necessary documents.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

Acceptance of a Andrea Augustine, Neighborhood Planner, described the proposed KCF Grant for Northside streetscape enhancement project. Ms. Augustine noted the Streetscape City was partnering with the Southwest Regional Office of the Michigan Enhancements on Department of Transportation (MDOT), and the project was receiving over N. Park Street and $440,000 in Transportation Enhancement Grants. N. Westnedge Avenue In response to a question from Commissioner Anderson, Ms. Augustine stated the Arcadia Commons West project would not affect the 78601 streetscape enhancements as the streetscape project only included the north side of the Park Street/Kalamazoo Avenue intersection.

Commissioner Moore expressed support for the project. Commissioner Moore remarked that the Park Street/Paterson Street and Westnedge Avenue/Paterson Street intersections were very busy, and she expressed concern about pedestrian safety with more pedestrians using these areas REGULAR MEETING OF DECEMBER 21, 2009 Page 233 Acceptance of a as a result of the streetscape improvements. Commissioner Moore asked KCF Grant for if the City or MDOT could monitor traffic speeds at these intersections. Streetscape Enhancements on In response to Commissioner Moore, Ms. Augustine stated bump-outs N. Park Street and would be installed at all intersections (where possible), which would N. Westnedge reduce traffic speeds. Ms. Augustine indicated the City could review the Avenue (cont’d) intersections as a follow-up to the enhancement project to see if 78601 additional steps need to be taken to ensure pedestrian safety.

In response to Commissioner Kuseske, Ms. Augustine stated traffic light improvements were not a part of the streetscape enhancement project.

Mayor Hopewell stated Public Services Director Bruce Merchant was indicating these traffic lights would be upgraded in 2010.

An opportunity was given for citizens to comment on the acceptance of a $50,000 grant from the Kalamazoo Community Foundation's Jack Hopkins Community Redevelopment Fund and allocate $25,000 in reallocated PY2008 Community Development Block Grant funds as a local match for an MDOT streetscape enhancement project for North Park Street and North Westnedge Avenue, and authorize the City Manager to sign all necessary documents, but no comments were offered.

Commissioner Cooney, seconded by Commissioner Miller, moved to accept a $50,000 grant from the Kalamazoo Community Foundation's Jack Hopkins Community Redevelopment Fund and allocate $25,000 in reallocated PY2008 Community Development Block Grant funds as a local match for an MDOT streetscape enhancement project for North Park Street and North Westnedge Avenue, and authorize the City Manager to sign all necessary documents.

With a roll call vote the motion passed.

AYES: Commissioners Anderson, Cooney, Kuseske, Miller, Moore, Mayor Hopewell

NAYS: None

City Manager’s City Manager Collard provided the following reports and updates: Report 78602 - Departmental Reports and Project Updates - CITYLink newsletter dated October 2009 - Kalamazoo Communities in Schools Newsletter dated October 2009. - Equal Employment/Affirmative Action Report, 3rd Quarter 2009

City Manager Collard highlighted the following items in the Departmental Reports and Project Updates: the Government Finance Officers Association had given the City the Distinguished Budget Presentation Award; 18 blighted homes had been demolished, with two more demolitions in process; the Public Safety Department would use directed and saturation patrols to deal with crime hotspots during the holiday season; and the fall leaf collection program was completed on schedule.

REGULAR MEETING OF DECEMBER 21, 2009 Page 234 City Manager’s City Manager Collard stated the discussion of water and sewer rates was Request for a a long-running conversation. City Manager Collard stated that he, former Utility Rate Public Services Directors Oley Loen and Jerri Barnett-Moore, and current Subcommittee Public Services Director Bruce Merchant had worked hard to provide 78602 members of the Regional Water and Wastewater Commission with a large amount of information. City Manager Collard indicated the township supervisors had made some misstatements that were very troubling and very political, and he noted City staff and Commissioners were at a disadvantage in this conversation because the township supervisors were both the chief administrative officials and chief elected officials of their jurisdictions. City Manager Collard asked the Mayor to appoint three Commissioners to an ad-hoc subcommittee for the purpose of being educated about water and wastewater rates and the history of this issue.

Mayor Hopewell expressed his preference to have all Commissioners educated on the issue of water and wastewater rates. Discussion followed.

City Attorney Robinson pointed out the utility rate ordinances could be adopted on January 19th with an effective date prior to February 1st. Discussion followed.

City Manager to By consensus the City Commission directed the City Manager to organize Organize Work an educational work session on utility rates with rate consultant Bart Session Foster for a date between December 28, 2009 and January 19, 2010. 78603 In response to a question from Commissioner Miller, City Manager Collard reported the City was looking at the logistics of the City’s bank handling tax payments made by mail. City Manager Collard stated he would report back on this issue, depending on what accommodations could be made.

Citizen Comments Next, the following citizens addressed the City Commission regarding non-agenda items:

Frank Warren, City resident, talked about the recent death of Robert G. Heff, the person who designed the 50-star flag.

Norrine Wafford, City resident, described how she was losing her home and defended her landlord.

City Commissioner Next, an opportunity was given for miscellaneous comments and Comments concerns of City Commissioners.

Commissioner Moore thanked everyone who had donated and given to help people, especially children, who need food and housing. Commissioner Moore invited citizens to Mt. Zion Baptist Church on Christmas Day and to the New Year’s Fest on December 31st.

Commissioner Miller reported Public Safety Officer Keaton Nielsen was home and noted the Kalamazoo Department of Public Safety had raised over $2,000 for his family.

REGULAR MEETING OF DECEMBER 21, 2009 Page 235 City Commissioner Commissioner Cooney congratulated and thanked the Black Police Comments (cont’d) Officers’ Association for the successful Holiday Food Drive.

Mayor Hopewell noted the success of the Holiday Food Drive and remarked on Kalamazoo’s caring spirit. Mayor Hopewell reported he had called Keaton Nielsen at Walter Reed Medical Center and reported PSO Nielsen was in excellent spirits. Mayor Hopewell distributed City of Kalamazoo name badges as gifts to each of the Commissioners.

Adjournment The meeting adjourned at 9:34 p.m.

Respectfully submitted,

Scott A. Borling City Clerk

For City Commission approval on February 1, 2010

Approved by: ______Bobby J. Hopewell, Mayor Dated: February 1, 2010