JACKSON CITY COUNCIL MEETING
MINUTES
JUNE 28, 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 Frounfelker.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—6. Absent with Excuse: Councilmember Daniel P. Greer—1.
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 Polaczyk and seconded by Councilmember Howe to adopt the agenda.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to amend the motion by deleting Item 13.A. and deleting and postponing Items 12.A. and 12.B.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to divide the question. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1. 6/28/11 2
Motion to delete and postpone Item 12.A. FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser—2. Nays: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Absent: Councilmember Greer—1.
Motion to delete and postpone Item 12.B. FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser—2. Nays: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Absent: Councilmember Greer—1.
Motion to delete Item 13.A. was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—5. Nays: Mayor Dunigan—1. Absent: Councilmember Greer—1.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
CITIZEN COMMENTS.
Michael O’Rourke discussed drainage, concrete and road maintenance on Douglas Court.
Gerald Montgomery spoke in opposition to the request from the Greater Bible Way Temple to rezone 5 Jefferson Street and 2 Madison Street properties.
Mike Lee thanked the Mayor and Council for allowing World Changers to work in Jackson and presented them with t-shirts.
Farina Brooks announced the Flamingo T. Brown Pledge to Inspire event on July 2, 2011, and extended a personal invitation to the Mayor and Council to attend.
Mark Muhich spoke in support of the storm water ordinance.
Bob Rumler asked the Council to reject the idea of extending the moratorium on medical marijuana.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of June 14, 2011.
B. Approval of the request from the Hot Air Jubilee to conduct the Hot Air Jubilee at Ella Sharp Park on July 15 (4:00 p.m. – dusk), July 16 (6:00 a.m. – dusk), and July 17, 2011 (6:00 a.m. –
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7:00 p.m.). (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
C. Approval of the request from Great Northern Axe to conduct City Jam at the Riverwalk Amphitheatre on Saturday, July 23, 2011, from 4:00 p.m. to 11:00 p.m. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
D. Approval of the request from Eastside Reunion to conduct the Eastside Reunion at Rotary Park on Saturday, August 13, 2011, from 10:00 a.m. to dusk. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance.)
E. Approval of the request from Great Northern Axe to conduct their Jacktown Music Fest 2 at Riverwalk Amphitheatre on Saturday, September 17, 2011, from 3:00 p.m. to 11:00 p.m. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
F. Approval of the 2011-2012 Community Development Block Grant (CDBG) and HOME Subrecipient Agreements, and authorization for the Mayor and City Clerk to execute the appropriate document(s) once the authorization to use funds has been received from HUD.
G. Receipt of correspondence from the Police and Fire Pension Board (Original) notifying Council that they have reappointed Dennis Rowlison (Public Member) for a three-year term beginning July 1, 2011, and ending June 30, 2014.
H. Receipt of the City of Jackson’s summary of revenue and expenditures for eleven (11) months ended, May 31, 2011.
I. Receipt of CDBG and HOME Financial Summaries through May 31, 2011.
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, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
B. RECEIPT OF THE FINANCE COMMITTEE REPORT.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT PATRICK H. BURTCH TO THE BUILDING AUTHORITY FOR A THREE YEAR TERM, BEGINNING JULY 1, 2011, AND ENDING JUNE 30, 2014.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the recommendation. The motion was adopted by the following vote. 6/28/11 4
Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT TONI B. JONES (DEMOCRAT) TO THE ELECTION CANVASSERS BOARD, FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2011.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE FIVE JEFFERSON STREET, AND TWO MADISON STREET PROPERTIES LOCATED SOUTHWEST OF GREATER BIBLE WAY TEMPLE, FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL). (CITY PLANNING COMMISSION AND STAFF RECOMMEND DISAPPROVAL.)
Mayor Dunigan opened the public hearing. Tony Raduazo and Ray Snell suggested sending this matter back to the Planning Commission for consideration of a PURD. Gerald Montgomery, Etta Oliver and Ken Lautzenheiser spoke in opposition to the rezoning. The Mayor closed the public hearing
Motion was made by Councilmember Howe and seconded by Councilmember Breeding to send the matter back to the City Planning Commission, to apply for a PURD. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
B. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE A PROPERTY LOCATED ON THE SOUTH SIDE OF PAGE AVENUE BETWEEN CHESTER STREET TO THE WEST AND GORHAM STREET TO THE EAST FROM I-1 (LIGHT INDUSTRIAL) TO I-2 (GENERAL INDUSTRIAL). (CITY PLANNING COMMISSION AND STAFF RECOMMEND DISAPPROVAL).
Mayor Dunigan opened the public hearing. Mike Wisniewski spoke in opposition to the rezoning. The Mayor closed the public hearing.
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Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to concur with the City Planning Commission and staff recommendation and disapprove the rezoning request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
C. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED AT 511 S. JACKSON STREET FROM C-3 (CENTRAL COMMERCIAL) TO R-4 (HIGH-DENSITY APARTMENT AND OFFICE). (CITY PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL.)
Mayor Dunigan opened the public hearing. Frances Keene spoke in support of the rezoning. The Mayor closed the public hearing.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION NOTIFYING JACKSON COUNTY TO RELEASE THE CITY’S RIGHT OF FIRST REFUSAL UNDER P. A. 123 OF 1999, APPROVE ACQUISITION OF 517 EAST TRAIL (PIN 7-0650) IN THE AMOUNT OF $6,942.85, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ASSESSOR AND DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE DECLARING AN ADDITIONAL TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF OPERATIONS, AND THE ISSUANCE OF PERMITS OR LICENSES FOR OPERATIONS THAT RELATE TO EITHER THE CULTIVATION, DISPENSING, OR USE OF MEDICAL MARIHUANA IN THE CITY OF JACKSON. (CITY AFFAIRS COMMITTEE RECOMMENDS APPROVAL.)
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers 6/28/11 6
Howe, Gaiser, Frounfelker and Polaczyk—5. Nays: Councilmember Breeding--1. Absent: Councilmember Greer--1.
B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 27, ARTICLE VI, SECTIONS 27-188, CITY CODE, INCREASING THE AMOUNT OF CREDITS AVAILABLE TO PROPERTY OWNERS WHO VOLUNTARILY DECREASE THEIR CONTRIBUTIONS TO STORM FLOWS TO THE STORM WATER SYSTEM.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the ordinance and place it on the next regular Council meeting agenda for adoption.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to amend the motion by giving a substitute motion. The substitute motion is that we rescind the storm water ordinance and refund any charges that have been collected. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser—2. Nays: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Absent: Councilmember Greer—1.
The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Nays: Councilmembers Breeding and Gaiser--2. Absent: Councilmember Greer--1.
OTHER BUSINESS.
A. CONSIDERATION OF A MOTION TO RESCIND THE RECENT ENACTMENT OF THE STORM WATER CHARGE AND REFUND/CREDIT ANY AND ALL PAID/BILLED CHARGES, AS REQUESTED BY VICE MAYOR CARL L. BREEDING.
This item was deleted when the agenda was adopted.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE ANNUAL INSURANCE RENEWAL PREMIUM WITH THE MICHIGAN MUNICIPAL LEAGUE LIABILITY AND PROPERTY POOL, IN THE AMOUNT OF $414,220.00, AND AUTHORIZATION FOR THE FINANCE DIRECTOR TO PAY THE PREMIUM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Frounfelker and Polaczyk—5. Nays: Councilmember Gaiser—1. Absent: Councilmember Greer—1.
B. CONSIDERATION OF THE REQUEST TO CHANGE THE SCOPE OF SERVICE FOR THE JACKSON AFFORDABLE HOUSING CORPORATION (JAHC) FROM DOWNPAYMENT ASSISTANCE TO CHDO AQUISITION/ DEVELOPMENT/ RESALE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED WRITTEN AGREEMENT REFLECTING THESE CHANGES, AS RECOMMENDED BY THE DEPUTY CITY MANAGER/ COMMUNITY DEVELOPMENT DIRECTOR.
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Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
C. CONSIDERATION OF THE REQUEST TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY LAND BANK AUTHORITY AND THE CITY FOR THE DEMOLITION OF PROPERTY LOCATED AT 345 W. MORRELL STREET, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY MANAGER/ COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Breeding asked why the account number on one’s water bill, which includes the storm water fee, differs from the account number on one’s receipt.
Councilmember Frounfelker asked when Council would like to start talking about goals and priorities.
Councilmember Polaczyk remarked he would like the Council to receive regular reports on plans related to the budget, goals and the dashboard.
Mayor Dunigan read a letter addressed to Interim Deputy Fire Chief Wooden commending and thanking the Fire Department for their outstanding work in rescuing family member Phil Crowley when an accident landed his vehicle in the Grand River. She also read a letter from Barry Chapman thanking Police Chief Matt Heins who came to his rescue when he was choking while dining at a local restaurant.
MANAGER’S COMMENTS.
The City Manager reported on his meetings with City employees, his touring of City departments, his attendance at an HRC meeting and the reorganization of the cemetery department, including the automation of cemetery records. He discussed looking less at housing rehabilitation and more at demolition as a way to stabilize our neighborhoods. He remarked on the meeting with Councilmember Gaiser and Hibbard Street residents concerning their serious drainage issues. There will be a meeting in two weeks to discuss a plan to address this problem.6/28/11 8
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to go into executive session. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
ACTION TAKEN AFTER EXECUTIVE SESSION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the Letter of Agreement negotiated between the City of Jackson and the International Association of Fire Fighters Local 1306 regarding the effects of the July, 2011 Fire Fighter layoffs. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:07 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
