JACKSON CITY COUNCIL MEETING
MINUTES
JULY 19, 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 Polaczyk.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—6. Absent: Councilmember Carl L. Breeding—1.
Also Present: City Manager Laurence Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Police Chief Matt Heins, City Engineer Jon Dowling and Deputy City Manager/Community Development Director Patrick Burch.
Mayor Dunigan announced that the Martin Luther King Center will be open today through Friday from 9:00 a.m. until 9:00 p.m. as a "cooling center." The Jackson Transportation Authority will provide free transportation to and from the King Center. Other locations being utilized as "cooling centers" are the Department of Aging and Lifeways.
AGENDA.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to delete Item 14.D. under New Business from the agenda.
Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to amend the motion and leave Item 14.D. on the agenda as a discussion item, with possible action. The motion was lost due to the following tie vote. Yeas: Mayor Dunigan and Councilmembers Greer and Gaiser—3. Nays: Councilmembers Howe, Frounfelker and Polaczyk—3. Absent: Councilmember Breeding—1. 7/19/11 2
The motion to delete Item 14.D from the agenda was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Nays: Councilmembers Greer and Gaiser—2. Absent: Councilmember Breeding—1.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
CITIZEN COMMENTS.
State Representative Earl Poleski gave an update of legislative accomplishments in the past 6 months, including tax reform, budget completion, pension taxation, revenue sharing, emergency management, teacher tenure reform, item pricing repeal, unemployment changes and elimination of post-service health care benefits for legislators. The bridge over the Detroit River will be a discussion item this fall.
Travis and Lonnie Miller stated that they felt they were lied to and did not bid, a second time, on a City contract for CDBG tree removal. They believe the project should be bid again.
Gerald Montgomery questioned why the Council sent the Greater Bible Way Temple request back to the City Planning Commission, remarked that the medical marijuana signs by City Hall are good advertising for the City, stated the City should make the company who laid the brick paving on Mechanic Street repair it and questioned spending $72,000 to rehab a home on the corner of Stanley and Francis Sts.
Fay Odeh, owner of Steve’s Ranch, thanked everyone for supporting their business. She stated that the storm water fees are a burden on them and asked the Council to reconsider these ordinances.
Michelle LaVoy Foster reminded everyone that the Farmers’ Market by the Grand River is open Tuesdays, Fridays and Saturdays and St. John’s United Church of Christ is hosting a block party on July 23 from noon to 5:00 p.m. She expressed concern about a condemned structure that is underneath the Bisbee travel building. She doesn’t understand why people are worried about medical marijuana businesses not being any closer to schools and churches than 1,000 feet when there are people on the sex offender registry who are living closer than 1,000 feet from schools and churches. She would like to see candidates for office run clean informational campaigns.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Councilmember Frounfelker requested Items F and G be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Items F and G removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of June 28, 2011.
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B. Approval of the request from the HIV/AIDS Resource Center (HARC) to conduct AIDS Walk at the Riverwalk Amphitheatre on Saturday, September 24, 2011, from 9:00 a.m. to 2:00 p.m. (Recommended approval received from Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
C. Approval of the request from the Kings of Rock Entertainment to conduct Buzz Fest at the Riverwalk Amphitheatre on Sunday, August 14, 2011, from 12:00 p.m. to 10:30 p.m. (Recommended approval received from 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 contract award for CDBG Tree Removal to Johnny’s Tree Service, Jackson, in the amount of $20,025.00, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the Purchasing Agent and the City Engineer/Director of Public Works.
E. Approval of Final Change Order No. 1, to the contract with Jules Swartz and Sons Excavating, Inc., in the increased amount of $31,950.04, for additional items not included in the original contract for the North, Foote, and Hallett Water Main Replacement project, and authorization for the City Manager and City Engineer/Director of Public Works to execute the appropriate document(s), in accordance with the recommendation of the Assistant City Engineer/Director of Public Works.
F. Removed for separate consideration.
G. Removed for separate consideration.
H. Approval of the grievance settlement agreement negotiated between the City and the International Association of Fire Fighters Local 1306 regarding terminating the Retiree Health Savings Accounts program.
I. Approval of the proposed Letter of Agreement between the City and the Michigan Association of Public Employees (MAPE) extending the Collective Bargaining Agreement to October 31, 2011.
J. Receipt with regret the resignation of Rene Silva from the Jackson Housing Commission effective immediately.
K. Receipt of the Dangerous Building Report through June, 2011.
CONSENT CALENDAR ITEM F.
Approval of the contract award for the Mechanic Street Brick Pavement Evaluation to Soils and Materials Engineers, Inc., Plymouth, in the amount of $13,998.37, 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 contract document, in accordance with the recommendation of the Purchasing Agent and the City Engineer/Director of Public Works.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the contract award, authorize execution of the appropriate document(s) and for the City Attorney to make minor modifications to the contract document. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Gaiser—4. Nays: Councilmembers Frounfelker and Polaczyk—2. Absent: Councilmember Breeding—1.
CONSENT CALENDAR ITEM G.
Approval of the request to purchase a 2012 Chevrolet Silverado 4 x 4 pickup truck from Garber Automotive Group, Midland, through the State of Michigan MiDEAL purchasing program in the 7/19/11 4
amount of $21,131.00, and the purchase of a new Fisher snow plow and tailgate salt spreader from Fitzgibbons Fleet Fabricators, Jackson, in the amount of $7,000.00 for a total purchase price of $28,131.00, in accordance with the recommendation of the Utility Director.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Polaczyk—5. Nays: Councilmember Frounfelker—1. Absent: Councilmember Breeding—1.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT ARLENE ROBINSON TO THE JACKSON HOUSING COMMISSION FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING OCTOBER 30, 2013.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT JON HART TO THE HUMAN RELATIONS COMMISSION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION, FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2012.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
PUBLIC HEARINGS.
RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to recess as a City Council and convene as a Board of Review. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4200 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4201 FOR DELINQUENT BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
Mayor Dunigan opened the public hearing. Terrence Hill, 1107 S. Milwaukee, spoke in opposition to his proposed assessment – Stencil No. 5-0966. He also discussed a previous billing for a water meter. No correspondence was received and the Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution, deleting Stencil No. 5-0966 for investigation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4202 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4203 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1. 7/19/11 6
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4204 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adjourn as a Board of Review and reconvene as a City Council. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
F. PUBLIC HEARING ON A REQUEST TO REZONE PROPERTIES WHICH COMPRISE RIVERFRONT PARK AND THE ADJACENT STATE OF MICHIGAN PARKING LOT FROM I-2 (GENERAL INDUSTRIAL) TO C-3 (CENTRAL COMMERCIAL) AND PROPERTIES WHICH COMPRISE THE AMTRAK STATION CAMPUS AND 211 S. COOPER ST. FROM I-2 (GENERAL INDUSTRIAL) TO C-4 (GENERAL COMMERCIAL). (CITY PLANNING COMMISSION AND ITS STAFF RECOMMEND APPROVAL.)
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
G. PUBLIC HEARING ON THE PROPOSED TEXT AMENDMENTS TO THE CITY’S PLANNING (CHAPTER 20) AND ZONING (CHAPTER 28) ORDINANCES. (CITY PLANNING COMMISSION AND ITS STAFF RECOMMEND APPROVAL.)
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing. 7/19/11 7
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
H. PUBLIC HEARING ON THE PROPOSED USE OF THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to authorize the City Manager to sign the Memorandum of Understanding. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
RESOLUTIONS.
None.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VI, SECTION 2-513.2, PROVIDING THAT THE ANNUITY WITHDRAWAL OPTION IS NOT AVAILABLE TO RETIREES WHO ARE A DUTY OR NON-DUTY DISABILITY RETIRANT.
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Motion was made by Councilmember Greer 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
B. ADOPTION OF ORDINANCE NO. 2011.10, AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING PROPERTY LOCATED AT 511 S. JACKSON STREET FROM C-3 TO R-4.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt Ordinance No. 2011.10. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
C. ADOPTION OF ORDINANCE NO. 2011.11, 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 Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2011.11. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
D. ADOPTION OF ORDINANCE NO. 2011.12, 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 Greer to adopt Ordinance No. 2011.12. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO ACCEPT THE OFFER TO SELL PROPERTY LOCATED AT 544 N. PLEASANT STREET FOR $31,500.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE DEED, FOR THE DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR TO SIGN ANY REQUIRED DOCUMENTS AT CLOSING, AND FOR
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THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE PURCHASE AGREEMENT AND DEED IF NECESSARY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
B. CONSIDERATION OF THE REQUEST TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDED SUBRECIPIENT AGREEMENTS ALLOWING SELECT ENTITIES ADDITIONAL TIME TO EXPEND 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OR HOME FUNDING.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
C. CONSIDERATION OF THE REQUEST TO RESCIND A REHABILITATION CONTRACT AWARD TO CONCEPTS CONSTRUCTION FOR THE CONVERSION OF 1015 FRANCIS (FORMER NEIGHBORHOOD RESOURCE CENTER) TO A SINGLE-FAMILY RESIDENCE, TERMINATING THE PROJECT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to rescind a rehabilitation contract award to Concepts Construction for the conversion of 1015 Francis to a single-family residence, reject all bids and terminate the project. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
D. 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. (POSTPONED AT THE JUNE 14, 2011, CITY COUNCIL MEETING.)
This item was deleted when the agenda was adopted.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Polaczyk thanked the Mayor for announcing the locations of the "cooling centers" and encouraged people to look in on the elderly to make sure they are safe.
Councilmember Frounfelker suggested visiting the City’s pools to cool off. He announced that he will conduct a Fifth Ward Neighborhood meeting on August 4 at 7:00 p.m. in the Council Chambers. City Manager Shaffer will be in attendance to meet the Fifth Ward constituents. He reported that some of the complaints he received on the storm water ordinance were about the billing process. He asked if this billing process could be looked into and made as seamless and convenient as possible.
Councilmember Gaiser recognized the City Manager for the quick work on the Hibbard Street drainage problem. He also asked if DPW could accept yard waste and tree limbs again. 7/19/11 10
Councilmember Greer stated that he was disappointed that the Council referred the Greater Bible Way Temple matter back to the City Planning Commission and hopes that we are not wasting time and money. He initially requested an agenda item regarding the one-way streets (Washington and Franklin), but, after discussion, withdrew his request. He thanked the City for the flowers and condolences on the loss of his brother-in-law.
Mayor Dunigan thanked everyone who made the arrangements to have the Hot Air Jubilee moved back to Ella Sharp Park. She also thanked the many volunteers and attendees for making this event such a huge success.
MANAGER’S COMMENTS.
City Manager Shaffer congratulated the City Council on adopting Ordinance No. 2011.12, which increases the storm water credits.
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 7:58 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
