JACKSON CITY COUNCIL MEETING
MINUTES
JUNE 14, 2011
CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:00 p.m. by Mayor Karen F. Dunigan.
PLEDGE OF ALLEGIANCE – INVOCATION.
The Council joined in the pledge of allegiance. The invocation was given by Councilmember Gaiser.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—7. Absent: none.
Also Present: City Manager Laurence Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Deputy Police Chief John Holda, City Engineer Jon Dowling, Interim Deputy Fire Chief Dave Wooden and Deputy City Manager/Community Development Director Patrick Burch.
AGENDA.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to amend the agenda, by adding Item 13.B. under Other Business: Consideration of a motion to rescind the recent enactment of the storm water fee. The motion FAILED adopted by the following vote. Yeas: Councilmembers Breeding, Howe and Gaiser—3. Nays: Mayor Dunigan and Councilmembers Greer, Frounfelker and Polaczyk—4. Absent: 0.
Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to amend the agenda by adding Item 13.C. under Other Business: Consideration of a request that Council direct the City Planning Commission not to proceed with the public hearings on making Washington and Franklin Streets two-way streets. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer and Gaiser—5. Nays: Councilmembers Frounfelker and Polaczyk—2. Absent: 0.
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Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Mayor Dunigan introduced and welcomed City Manager Laurence Shaffer, who stated he is looking forward to working with the Mayor, Council and citizens of this great City.
CITIZEN COMMENTS.
Noreen Hahn expressed frustration with the City’s required revocable license and moving her sign for the Catholic Shoppe.
Mary Adams cautioned the Council about taking money from outside sources because of the control they could place on us.
Kim Conant invited the Council to attend a retirement reception in honor of Salvation Army Majors John and Linda Mallett on June 15 and the dedication of the Salvation Army’s new gym on June 23.
Mayor Dunigan remarked on the passing of Jean Soltis who often attended Council meetings and offered condolences to her family and to her friend Gerald Montgomery.
Gerald Montgomery welcomed City Manager Shaffer and stated he will be in touch. He remarked on the rezoning request for property at Jefferson and Madison and the poor reconstruction work on westbound North Street between Lansing and Bennett. He also stated he would like to hold off paying his storm water fee like the County and that medical marijuana establishments should have to pay license fees.
Lee Hampton formally welcomed Mr. Shaffer and commended the Mayor and Council for an excellent hire. He thanked Mr. Shaffer for visiting his family’s business, having his hair cut and for meeting and talking with community members. He also announced Juneteenth this Saturday starting at 6:30 p.m. at the Riverwalk Amphitheater.
Laura Schlecte discussed the storm water fee, remarking that we should read the Court of Appeals case - Bolt v City of Lansing, that the credit for commercial properties should be changed, that sending separate bills for water usage and the storm water fee is wasting money and that this fee affects tenants who must pay this in addition to their water bills.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Mayor Dunigan requested Item K be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the following Consent Calendar, with Item K removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
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Consent Calendar
A.
Approval of the minutes of the regular City Council meeting of May 24, 2011.
B.
Approval of the payment of the Region 2 Planning Commission invoice in the amount of $6,211.91 for planning services for the month of May 2011, in accordance with the recommendation of the City Manager.
C.
Approval of the request giving permission for City Planning Commission and Legal staffs to consider various amendments to the Planning (Chapter 20) and Zoning (Chapter 28) Ordinances, City Code, and to make a recommendation for action by City Council.
D.
Approval of the request from Fitness Council of Jackson to conduct their Smart Commute at Bucky Harris Park on June 17, July 15 and August 19, 2011, from 7:00 a.m. to 7:45 p.m. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)
E.
Approval of the request from the Downtown Development Authority to hold Picnic in the Park on July 5, July 12, July 19, July 26, August 2, August 9, August 16, August 23, and August 30, 2011, from 12:00 p.m. to 1:00 p.m., at Bucky Harris Park. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage is in place.)
F.
Approval of the request from the Jackson County Republican Party to conduct their Under the Oaks, on Wednesday, July 6, 2011, from 6:30 p.m. to 9:00 p.m. at Under the Oaks Park. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
G.
Approval of the request to waive permit fees required for World Changers and Mission Serve Projects for 2011, in accordance with the recommendation of the Deputy City Manager/Community Development Director.
H.
Approval of Traffic Control Order (TCO) No. 2088, no vehicle shall remain parked for a period exceeding two (2) hours between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday on the east side of S. Jackson Street between Washington Avenue and Cortland Street, and rescind Traffic Control Order No. 2051.
I.
Approval of the request to confirm the contract bid award to Salenbien Trucking and Excavation, Inc., for the Mason Street and Wilkins Street water main reconstruction CDBG project, and waive the irregularity of prequalification, in accordance with the recommendation of the City Engineer/Director of Public Works (previous action taken at the May 26, 2011, City Council meeting).
J.
Approval of the recertification of the funding necessary for fiscal years 2011 and 2012, for the City of Jackson Policemen’s and Firemen’s Pension System, in accordance with the recommendation of the Board of Trustees of the City of Jackson’s Policemen’s and Firemen’s Pension Fund.
K.
Removed for separate consideration.
L.
Receipt of petitions filed with the Michigan Tax Tribunal by 109 Elm, LLC; Southwest Plaza, LLC; H & O Industrial Properties, LLC; Legacy Five, LLC; Old West Properties, LLC, and St. Joseph Mercy Health System and referral to the City Assessor and City Attorney for appropriate action.
M.
Receipt of the Dangerous Building Report through May, 2011.
CONSENT CALENDAR ITEM K.
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Receipt of a Certificate of Achievement for Excellence in Financial Reporting for the City by the Government Finance Officers Association of the United States and Canada (GFOA).
Mayor Dunigan commended Finance Director Philip Hones on a job well done.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the Certificate. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
COMMITTEE REPORTS.
A.
RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
RECEIPT OF THE RULES AND PERSONNEL REPORT.
1.
RECEIPT OF THE COMPOSITE EVALUATIONS OF THE APPOINTED OFFICIALS AND DIRECT THAT THEY BE PLACED IN THE AFFECTED OFFICIAL’S PERSONNEL FILE, AND THAT INDIVIDUAL EVALUATIONS FOR EACH OFFICIAL BE SECURED IN THE OFFICE OF THE CITY CLERK.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to receive the composite evaluations and direct that they be placed in the affected official’s personnel file and that individual evaluations be secured in the office of the City Clerk. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
APPOINTMENTS.
A.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT CITY MANAGER LAURENCE SHAFFER TO VARIOUS BOARDS AND COMMISSIONS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
None.
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RESOLUTIONS.
A.
CONSIDERATION OF RESOLUTIONS ESTABLISHING JULY 19, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON THE FOLLOWING SPECIAL ASSESSMENT ROLLS, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLLS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
1.
SPECIAL ASSESSMENT ROLL NO. 4200 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE;
2.
SPECIAL ASSESSMENT ROLL NO. 4201 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE;
3.
SPECIAL ASSESSMENT ROLL NO. 4202 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE;
4.
SPECIAL ASSESSMENT ROLL NO. 4203 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE, AND
5.
SPECIAL ASSESSMENT ROLL NO. 4204 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the above resolutions. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
ORDINANCES.
None.
OTHER BUSINESS.
A.
CONSIDERATION OF THE RECOMMENDATION BY THE DOWNTOWN DEVELOPMENT AUTHORITY TO CONTINUE THE METERLESS PARKING SYSTEM FOR THE 2011-2012 FISCAL YEAR, AND GIVING DIRECTION FOR THE CITY ASSESSOR TO COMMENCE THE INFORMATION GATHERING AND VERIFICATION PROCESS.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation to continue the Meterless Parking System and direct the City Assessor to commence the information gathering and verification process. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
MOTION TO ADD THIS ITEM TO THE AGENDA FAILED ADOPTION.
C.
CONSIDERATION OF A REQUEST THAT COUNCIL DIRECT THE CITY PLANNING COMMISSION NOT TO PROCEED WITH THE PUBLIC HEARINGS ON MAKING WASHINGTON AND FRANKLIN STREETS TWO-WAY STREETS.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser that we do not convert the one-way streets, Washington and Franklin, back to two-way.
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Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to postpone consideration of this matter until after the July 6 City Planning Commission meeting. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmembers Breeding and Gaiser—2. Absent: 0.
NEW BUSINESS.
A.
APPROVAL OF THE OFFER TO PURCHASE THE CITY-OWNED PROPERTY LOCATED AT 140 STANLEY AVENUE, IN THE AMOUNT OF $25,000.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE PURCHASE AGREEMENT AND DEED, IF NECESSARY.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to approve the offer. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO CONCEPTS CONSTRUCTION, IN THE AMOUNT OF $73,973.00, FOR THE CITY-OWNED (VACANT PROPERTY) COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 1015 FRANCIS STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Councilmember Gaiser remarked that he did depress the “nay” button, but his vote appeared as a “yea.”
C.
CONSIDERATION OF A LETTER OF AGREEMENT BETWEEN THE CITY AND THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE) EXTENDING THE COLLECTIVE BARGAINING AGREEMENT TO JULY 31, 2011.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Letter of Agreement. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
D.
CONSIDERATION OF A LETTER OF AGREEMENT BETWEEN THE CITY AND THE POLICE OFFICERS LABOR COUNCIL, SUPERVISORY UNIT EXTENDING THE COLLECTIVE BARGAINING AGREEMENT TO SEPTEMBER 30, 2011.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Letter of Agreement. The motion was adopted by the following vote. Yeas:
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Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS’ COMMENTS. Councilmember Polaczyk thanked City Engineer Jon Dowling for putting down some asphalt and smoothing out Carlton Boulevard. Councilmember Frounfelker asked for updates on the flower watering in the downtown area, the City’s website, reapportionment of wards and the mowing plan. He also stated it was time to work on formulating a mission statement, goals and a financial scorecard. Councilmember Gaiser thanked those who spoke during Citizen Comments and announced a meeting on June 27 at 6 p.m. in the Council Chambers. This will be to address the problem Hibbard Street residents have with water in their basements. He also asked Major John Mallett to stand for a round of applause. In closing, he asked anyone who is interested in the Washington and Franklin 1-way/2-way matter to attend the City Planning Commission on Wednesday, July 6 at 7 p.m. in the Council Chambers to be heard. Councilmember Greer asked for a report or communication on the second phone conference between the State Treasurer’s office, the Finance Director and the City Manager. Councilmember Howe welcomed Mr. Shaffer aboard. Councilmember Breeding remarked there is an error in the November election date on the City’s website. He also discussed that some people are getting rain water in their basements and he hopes they can get a storm water credit. He also hopes we can speed up the matter Mrs. Hahn spoke about.
MANAGER’S COMMENTS.
City Manager Shaffer reported on his meeting with the City’s website contractor; soon there will be a schedule of upcoming changes. Mr. Dowling provided him with a watering plan – 3 days a week, 8 to 10 hours to water all the plants. Mr. Dowling has also provided him with a mowing plan. He spoke to the Deputy State Treasurer last week and it is safe to say that the City’s plan to meet its debt obligation is complete and reasonable.
The Mayor commented that she told the Deputy State Treasurer that the “9” rating for the City of Jackson needs to be removed from the State’s website.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:49 p.m.
Lynn Fessel
City Clerk