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JACKSON CITY COUNCIL MEETING

MINUTES

AUGUST 16, 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 Howe.

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, Police Chief Matt Heins, City Engineer Jon Dowling and Deputy City Manager/Community Development Director Patrick Burtch.

AGENDA.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda. 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.

CITIZEN COMMENTS.

Mack Quarrels, Jr. thanked everyone who voted at the August 2 Primary Election and noted the low turnout. He remarked that it is up to us to get more people out to vote and hopefully that will happen in November.

Gerald Montgomery distributed an article on the rise of vehicle accidents in California due to the use of medical marijuana.

Jon Williams congratulated the City Council on beating the County Commission and winning the Ice Cream Scooping Contest at the County Fair. 8/16/11 2

PRESENTATIONS/PROCLAMATIONS.

None.

CONSENT CALENDAR.

Councilmember Frounfelker requested Item F be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the following Consent Calendar, with Item F 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.

Consent Calendar

A. Approval of the minutes of the regular City Council meeting of July 19, 2011.

B. Approval of the request from Cascades Inc., to conduct the Civil War Muster at Cascades & Sparks Park on August 27-28, 2011, from 10:00 a.m. to 5:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority.) (Proper insurance coverage has been received.)

C. Approval of the request from St. John Jackson Family Fall Festival to conduct the Jackson Family Fall Festival at Nixon Park on September 23-26, 2011, from 12:00 p.m. to 12:00 a.m. (7:00 p.m. on Sunday). (Recommended approval has been received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority.) (Proper insurance coverage has been received.)

D. Approval of the request from St. John the Evangelist Parish to conduct the Public Rosary at Riverwalk Amphitheatre on Sunday, October 9, 2011, from 2:00 p.m. to 3:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority.) (Contingent upon receipt of proper insurance coverage.)

E. Approval of the extension of the professional services agreement between the City and Allegiance Health for the Employee Assistance Program through June 30, 2014, with a current year rate of $5,014.00, and authorization for the Mayor and City Clerk to execute the appropriate document(s).

F. Removed for separate consideration.

G. Referral of an application to the City Planning Commission filed by Austin Rental & Convenience LLC, to rezone property located at 1314 Lansing Avenue from R-2 to C-1.

H. Receipt of the City Treasurer’s quarterly report for January – June 2011.

I. Receipt of the CDBG and HOME Financial Summaries through June 2011.

J. Receipt of the Dangerous Building Report through July 2011.

K. Establishment of September 13, 2011, at the City Council meeting as the time and place to hold a public hearing on the application for an Industrial Facilities Exemption Certificate filed by Technique, Inc., located at 2427 Research Drive, and referral to the City Affairs Committee for recommendation.

CONSENT CALENDAR ITEM F.

Approval of the request from Daryl’s Downtown to close Michigan Avenue from Mechanic Street to South Jackson Street on Thursday, August 25, 2011, from 12:00 p.m. (noon) to 8:00 p.m., for the "Steve Kampfer Brings the Stanley Cup Home" fundraiser to be held in Victory Lane, and to reserve six (6) parking spaces in Lot 8 for the event. 8/16/11 3

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to close Michigan Avenue from Mechanic Street to S. Jackson Street on Thursday, August 25, 2011, anytime after 2:00 p.m.; to allow the bandstand to be placed on City property at 7:00 a.m.; to allow necessary parking spots surrounding the event, including the bandstand, and any parking spaces in Lot #8 to occur beginning at 7:00 a.m.; to reopen the street as soon as the line of spectators is no longer on Michigan Avenue, so we can do so safely, or 8:00 p.m., and to allow the use of Victory Lane. 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.

None.

APPOINTMENTS.

A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT DEBORAH HERBERT TO THE JACKSON DISTRICT LIBRARY BOARD OF TRUSTEES FOR A FOUR-YEAR TERM, BEGINNING AUGUST 24, 2011, AND ENDING AUGUST 23, 2015.

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.

RESOLUTIONS.

None.

ORDINANCES.

A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21.5, SECTIONS 21.5-16, CITY CODE, DEFINING AND ESTABLISHING REQUIREMENTS FOR OBTAINING A REVOCABLE LICENSE FOR SIGNS IN THE RIGHT-OF-WAY.

Motion was made by Councilmember Frounfelker 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, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

B. ADOPTION OF ORDINANCE NO. 2011.13, AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING PROPERTIES WHICH COMPRISE RIVERFRONT PARK AND THE ADJACENT STATE OF MICHIGAN PARKING LOT FROM I-2 TO C-3, AND REZONING PROPERTIES WHICH COMPRISE THE AMTRAK STATION CAMPUS AND 211 S. COOPER FROM I-2 TO C-4.

8/16/11 4

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt Ordinance No. 2011.13. 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.

C. ADOPTION OF ORDINANCE NO. 2011.14, AMENDING CHAPTER 20, CITY CODE, ADDING PROVISIONS SO AS TO BE IN COMPLIANCE WITH THE MICHIGAN PLANNING ENABLING ACT (MPEA), PA 33 OF 2008, AS AMENDED; MCL 125.3801, ET SEQ.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt Ordinance No. 2011.14. 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. ADOPTION OF ORDINANCE NO. 2011.15, AMENDNG CHAPTER 28, CITY CODE, ADDING PROVISIONS SO AS TO BE IN COMPLIANCE WITH THE MICHIGAN ZONING ENABLING ACT, PA 116 OF 2006, AS AMENDED; MCL 125.3101, ET SEQ.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2011.15. 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.

E. ADOPTION OF ORDINANCE NO. 2011.16, AMENDING CHAPTER 2, ARTICLE VI, SECTION 2-513.2, CITY CODE, PROVIDING THAT THE ANNUITY WITHDRAWAL OPTION IS NOT AVAILABLE TO RETIREES WHO ARE A DUTY OR NON-DUTY DISABILITY RETIRANT.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2011.16. 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.

OTHER BUSINESS.

None.

NEW BUSINESS.

A. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO PK CONTRACTING, TROY, FOR A TOTAL COST OF $46,445.00, FOR THE PAVEMENT MARKING CONTRACT, SUBJECT TO TWO ONE-YEAR RENEWALS, 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 ASSISTANT CITY ENGINEER.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request. 8/16/11 5

Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to refer this back to the City Engineer to be rebid. Councilmember Breeding withdrew his motion.

The main motion was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding--1. Absent: 0.

Councilmember Frounfelker requested that the lane lines at the Washington and Cooper intersection, as you make the sweeping curve from Washington onto S. Cooper, be completed to better identify the lanes.

B. CONSIDERATION OF THE REQUEST TO APPROVE AUTHORIZATION TO EXCEED THE $20,000.00 REHABILITATION LOAN LIMIT, AND APPROVAL OF A CHANGE ORDER IN THE AMOUNT OF $3,110.00 FROM HOME FUNDS FOR A NEW TOTAL CONTRACT PRICE OF $28,229.00, FOR PROPERTY LOCATED AT 741 WOODLAWN.

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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Greer remarked on the communication from the Michigan Municipal League announcing the annual convention and hopes to see something on the next agenda, relating to the designation of a voting delegate and alternate. He gave his apologies for not being able to participate in the Ice Cream Scooping Contest and stated he was proud of the City’s effort.

Councilmember Gaiser recognized the decision to assist homeowners after the high winds and heavy hail. He stated it was a good decision and appreciated by homeowners.

Mayor Dunigan thanked everyone who participated in the Ice Cream Scooping Contest. She also remarked on a letter from a homeowner complimenting our Inspection Department on their friendliness and ability to take care of her problem. The Mayor gave special thanks to Patrick Burtch and the employees on the third floor.

MANAGER’S COMMENTS.

None.

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 7:25 p.m.

Lynn Fessel

City Clerk