Battle Creek City Commission approves zoning amendments, multiple contracts, and cemetery expansion — May 5, 2026
At a glance
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At the May 5, 2026 regular meeting the Commission unanimously approved zoning text amendments and a rezoning request, authorized multiple procurement contracts and change orders (including an IT hardware purchase and a pumping station reroof), approved a special use permit to expand Sunset Gardens cemetery with a natural burial garden, and pulled Resolution 376. Several proclamations were presented; public commenters raised concerns about lot sales and city fees. Meeting adjourned at 7:29 PM.
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Key decisions
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- Approved Ordinance #12-2026: amendments to Chapter 1281 (zoning text corrections and clarifications).
- Approved Ordinance #13-2026: rezoned 14 Yuba St. (Parcel #8040-00-147-0), 175 Main St. and 169 Main St. (Parcel #0890-00-075-0) from MFR High-Density Multiple Family to T-3 Neighborhood Commercial.
- Consent approvals including Minutes (April 21, 2026), City Manager's Report (May 5, 2026), Planning and Zoning Division 2025 Annual Report, and proclamations (Professional Municipal Clerks Week, Childcare Provider Appreciation Day, Police Officer Memorial Week/Day, Mental Health Month).
- Resolution 374: authorized change order to PO 20260268 with Stantec Consulting Group, Inc. for additional utility rate study work, not-to-exceed $6,375.00.
- Resolution 375: accepted lowest responsive/responsible bid for Verona Equipment and Painting project from Miller-Davis Company, not-to-exceed $91,400.00.
- Resolution 376: pulled from the agenda (would have appointed Assistant City Manager Marcie Gillette as alternate to Firekeepers Local Revenue Sharing Board).
- Resolution 377: authorized legal signatures in the absence of the City Manager (approved).
- Resolution 378: approved retention of outside counsel for fire truck antitrust litigation (approved).
- Resolution 379: authorized City Manager to sign contract for IT infrastructure hardware from People Driven Technology, Inc., estimated $1,789,364.00 (unit prices prevailing).
- Resolution 380: accepted lowest responsive/responsible bid for Verona Pumping Station reroof from Royalty Roofing USA LLC d/b/a Division 7 Building Contractors, not-to-exceed $297,950.00 (contract includes 15% allowance for change orders).
- Resolution 381: approved Petition PSUP26-0001, special use permit to expand Sunset Gardens cemetery (Parcel #0066-00-110-0) including a new natural burial garden; no new parking proposed.
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Meeting information
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City Commission Regular Meeting
Agenda
- Invocation
- Pledge of Allegiance
- Roll Call
- Proclamations Awards
- 2025-843 Proclamation for Professional Municipal Clerks Week 2026attachments=1Decision: Proclamations Awards
- 2026-142 Proclamation for Childcare Provider Appreciation Day 2026attachments=1Decision: Proclamations Awards
- 2025-844 Proclamation for Police Officer Memorial Week and Police Officer Memorial Day 2026attachments=1Decision: Proclamations Awards
- Chair Notes Added or Deleted Resolutions
- Petitions Communications Reports
- Public Comment Regarding Any Remaining Agenda Items(Limited to four minutes per individual)
- Introduction of Ordinances
- 12-2026 #12-2026 - A Proposed Ordinance, 12-2026, to amend Chapter 1281 of Title Six — Zoning of the Code of Ordinances to make text corrections, clarify requirements, correct formatting and make changes substantive in nature to Sections 1281.01(k)(8)B., 1281.01(k)(10), 1281.04(c)(1)A&B and 1280.01(g)A.ORDINANCE NO. 12-2026 The City of Battle Creek Ordains: That the following sections are introduced: Section 1. A Proposed Ordinance, 12-2026, to amend Chapter 1281 of Title Six — Zoning of the Code of Ordinances to make text corrections, clarify requirements, correct formatting and make changes substantive in nature to Sections 1281.01(k)(8)B., 1281.01(k)(10), 1281.04(c)(1)A&B and 1280.01(g)A. Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this Ordinance, which shall remain subject to the Ordinance provision existing at the time of the alleged violation. Section 4. Except as otherwise provided by law, this Ordinance shall take effect seven (7) days from the date of its publication, in accordance with the provisions of Section 401 of the Michigan Zoning Enabling Act. | attachments=4 | reports=1Decision: Introduction of Ordinances
- 13-2026 #13-2026 - A Proposed Ordinance, 13-2026 to rezone the properties located at 14 Yuba St. (Parcel #8040-00-147-0), 175 Main St. (Parcel #0890-00-075-0), and 169 Main St. (Parcel #0890-00-075-0) from MFR High-Density Multiple Family District to T-3 Neighborhood Commercial District for the purpose of converting an existing vacant single-family residence on the site into an office building to support organization operations. It should be noted that 175 Main St. and 169 Main St. share a common parcel but are separate in their addresses.ORDINANCE NO. 13-2026 The City of Battle Creek Ordains: That the following is introduced: Section 1. An Ordinance to rezone the properties located at 14 Yuba St. (Parcel #8040-00-147-0), 175 Main St. (Parcel #0890-00-075-0), and 169 Main St. (Parcel #0890-00-075-0) from MFR High-Density Multiple Family District to T-3 Neighborhood Commercial District for the purpose of converting an existing vacant single-family residence on the site into an office building to support organization operations. It should be noted that 175 Main St. and 169 Main St. share a common parcel, but are separate in their addresses. Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this Ordinance, which shall remain subject to the Ordinance provision existing at the time of the alleged violation. Section 4. Except as otherwise provided by law, this Ordinance shall take effect seven (7) days from the date of its publication, in accordance with the provisions of Section 401 of the Michigan Zoning Enabling Act. | attachments=6 | reports=1Decision: Introduction of Ordinances
- Commission Comment Regarding Meeting Business
- Consent Agenda
- 2025-736 MinutesDecision: Consent Agenda
- 2025-739 Minutes for the April 21, 2026 City Commission Regular Meetingattachments=1Decision: Consent Agenda
- 2025-737 Petitions, Communications, ReportsDecision: Consent Agenda
- 2025-740 City Manager's Report for May 5, 2026attachments=1Decision: Consent Agenda
- 2026-133 Planning and Zoning Division 2025 Annual ReportPlanning and Zoning Division Annual Report | attachments=1Decision: Consent Agenda
- 2025-890 Proclamations AwardsDecision: Consent Agenda
- 2025-842 Proclamation for Mental Health Month 2026attachments=1Decision: Consent Agenda
- 2025-738 ResolutionsDecision: Consent Agenda
- 374 374 - A Resolution authorizing a change order to purchase order 20260268 with Stantec Consulting Group, Inc. for additional work on the City’s utility rate study in a not-to-exceed amount of $6,375.00.RESOLUTION NO. 374 Resolved by the Commission of the City of Battle Creek: That the City Manager or her designee is authorized to execute a change order to purchase order 20260268 with Stantec Consulting Group, Inc. for additional work on the City’s utility rate study in a not-to-exceed amount of $6,375.00. This will be split between accounts 590.537.5800.801010 and 591.536.5560.801010. | reports=1Decision: Consent Agenda
- 375 375 - A Resolution seeking acceptance of the lowest responsive, responsible bid for Verona Equipment and Painting project from Miller-Davis Company in a not-to-exceed amount of $91,400.00.RESOLUTION NO. 375 Resolved by the Commission of the City of Battle Creek: That the lowest responsive, responsible bid for Verona Equipment and Painting project is accepted from Miller-Davis Company in a not-to-exceed amount of $91,400.00. The City Manager is authorized to execute Contract No. 2026-064B, which will be paid from: CIP PROJCT-WATER-VERONA ROO-CONTRACT - 591.901.5877.801310 The City Manager or her designee is also authorized to approve change orders for up to 10% in aggregate for City-initiated and pre-approved changes for unforeseen field conditions that are not itemized in the contract. | reports=1Decision: Consent Agenda
- PULLED - 376 PULLED - 376 - A Resolution appointing Assistant City Manager Marcie Gillette as an alternate representative for the City of Battle Creek on the Firekeepers Local Revenue Sharing Board.PULLED - RESOLUTION NO. 376 Resolved by the Commission of the City of Battle Creek: That Assistant City Manager Marcie Gillette is appointed as an alternate representative for the City of Battle Creek on the Firekeepers Local Revenue Sharing Board. | reports=1Decision: Consent Agenda
- Resolutions Not Included in the Consent Agenda
- 377 377 - A Resolution seeking authorization for legal signatures in the absence of the City Manager.RESOLUTION NO. 377 Resolved by the Commission of the City of Battle Creek: That Marcie Gillette-Assistant City Manager, Aaron Kuhn-Revenue Services Director, or Michelle Hull-Human Resources Director are authorized, respectively, to sign any and all documents on behalf of the City Manager during any period she is absent from the City, effective May 6, 2026. | reports=1Decision: Resolutions Not Included in the Consent Agenda
- 378 378 - A Resolution approving Retention of Outside Counsel for Fire Truck Antitrust Litigation.RESOLUTION NO. 378 Resolved by the Commission of the City of Battle Creek: That a preliminary analysis by City staff indicates that the City of Battle Creek may have viable antitrust claims against various manufacturers and sellers of fire apparatus purchased by the City in the last four years; and The City lacks the capacity and specialized knowledge necessary to effectively prosecute litigation of this nature, which is projected to involve complex, multi-district litigation that will likely occur outside the state of Michigan; and Section 232.02 of the Battle Creek Code of Ordinances requires the City Attorney to obtain Commission authorization to utilize outside counsel where the matter exceeds $20,000; and Retainer of outside counsel, on a contingency basis, will likely exceed that statutory threshold; and BE IT RESOLVED that the Battle Creek City Commission authorizes that City Attorney to retain Baron & Budd, P.C., Simonsen Sussman, LLP, and Young & Partners, LLP as outside counsel to represent it in litigation arising from injuries and damages related to and caused by fire truck manufacturers and other Defendants' unfair and anti-competitive business practices in violation of antitrust laws. | attachments=1 | reports=1Decision: Resolutions Not Included in the Consent Agenda
- 379 379 - A Resolution seeking authorization for the City Manager to sign a contract for the purchase of information technology infrastructure hardware from People Driven Technology, Inc. in an estimated amount of $1,789,364.00, with unit prices prevailing.RESOLUTION NO. 379 Resolved by the Commission of the City of Battle Creek: That the City Manager is authorized to execute contract number 2026-076C for the purchase of information technology infrastructure hardware from People Driven Technology, Inc. in an estimated amount of $1,789,364.00 with unit prices prevailing which will be paid for by account# 671.10.0000.973510 - Computer Technology Computer Equipment. | attachments=1 | reports=1Decision: Resolutions Not Included in the Consent Agenda
- 380 380 - A Resolution seeking acceptance of the lowest responsive, responsible bid for Verona Pumping Station Reroof project from Royalty Roofing USA LLC d/b/a Division 7 Building Contractors in a not-to-exceed amount of $297,950.00.RESOLUTION NO. 380 Resolved by the Commission of the City of Battle Creek: That the lowest responsive, responsible bid for Verona Pumping Station Reroof project is accepted from Royalty Roofing USA LLC d/b/a Division 7 Building Contractors in a not-to-exceed amount of $297,950.00. The City Manager is authorized to execute Contract No. 2026-062B, which will be paid from: CIP PROJCT-WATER-VERONA ROO-CONTRACT - 591.901.5877.801310 The City Manager or her designee is also authorized to approve change orders for up to 15% in aggregate for City-initiated and pre-approved changes for unforeseen field conditions that are not itemized in the contract. | reports=1Decision: Resolutions Not Included in the Consent Agenda
- 381 381 - A Resolution to approve Petition PSUP26-0001, a special use permit for the expansion of the Sunset Gardens cemetery located at 15769 S Helmer Rd. onto the unaddressed Parcel #0066-00-110-0. The cemetery expansion will include the opening of a new natural burial garden on the cemetery property on Parcel #0066-00-110-0. No new parking will be included with the expansion, as the existing road at Sunset Gardens will provide parking for the expansion with widened cutouts in select areas.RESOLUTION NO. 381 Resolved by the Commission of the City of Battle Creek: That Petition PSUP26-0001, a special use permit for the expansion of the Sunset Gardens cemetery located at 15769 S Helmer Rd. onto the unaddressed Parcel #0066-00-110-0 is approved. | attachments=5 | reports=1Decision: Resolutions Not Included in the Consent Agenda
- General Public Comment(Limited to three minutes per individual)
- Commission Comments
- Adjournment
Documents from this meeting
- Agendahttps://battlecreekmi.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=386,plainText=false)
- Packethttps://battlecreekmi.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=387,plainText=false)
- Minuteshttps://battlecreekmi.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=389,plainText=false)
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