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JACKSON CITY COUNCIL MEETING

MINUTES

OCTOBER 11, 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, Police Chief Matt Heins, City Engineer Jon Dowling, Deputy City Manager/Community Development Director Patrick Burtch and Finance Director Philip Hones.

AGENDA.

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

Mayor Dunigan thanked the Jackson Women’s Garden Association and Mary Harper for volunteering their time to clean the Women Veteran’s Memorial in Withington Park. She also announced that this is National Fire Prevention Week and thanked the City’s Fire Department for offering tours and visiting schools.

CITIZEN COMMENTS.

Michael O’Rourke expressed his appreciation to the Council, the City Manager, the City Engineer and the Deputy Engineer for developing a plan for the sewer problem on Douglas Court. 10/11/11 2

Lee Roy Brown asked why, during their reconstruction, Mason Street and Wilkins Street were narrowed by four (4) feet.

Gerald Montgomery asked if the City Manager had an answer to the question he posed about Mechanic Street at the last meeting. The City Manager responded that some testing has been done and a final report should be out within the next thirty (30) days. He doesn’t think there should be any contract negotiations with the Police and Fire Departments since the City doesn’t have any money. It should be "take it" or "leave it." He believes Patrick Burtch is the right person to carry out the planned property demolitions.

Lane Montgomery spoke in opposition to the agreement with The Enterprise Group for economic development services in the amount of $100,000, stating that that organization lacks transparency and accountability when it comes to how that money is spent.

George Brown, speaking as an HRC member, asked the Council to consider placing on a future agenda a testimonial resolution promoting a City-wide day of peace and healing on the 22nd of each month. If the Council does this, the HRC and other organizations are prepared to do things on the 22nd of every month to help steer our youth in the right direction.

PRESENTATIONS/PROCLAMATIONS.

A. PRESENTATION BY PHILIP J. HONES, FINANCE DIRECTOR, OF THE CITY’S WEB-BASED CITIZENS’ GUIDE AND PERFORMANCE DASHBOARD.

Finance Director Hones explained how to access the Dashboard on the City’s website and explained the different types of data that could be found on the site.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to receive the presentation. 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. PRESENTATION BY PATRICK H. BURTCH, DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR, AND STAFF REGARDING THE ECONOMIC STABILIZATION PROGRAM FOR THE CITY OF JACKSON.

Mayor Dunigan thanked Deputy City Manager Burtch and his team, which includes Frank Donovan, Michelle Pultz, Barry Hicks, Heather Soat, Sheila Prater, Brian Taylor, Kim Van Every, Tim Basore, Dennis Diffenderfer, Kurt Fritz, Tim Pickett, Dave Taylor, Jason Yoakam, Julius Giglio, Bethany Smith, Steve Maga, Wade Renando, Matt Heins, Shane LaPorte, Elmer Hitt, Todd Knepper and Lucy Schultz for their many hours of work on this Economic Stabilization Program.

Using narrative and power point, Mr. Burtch presented the Economic Stabilization Program, beginning with a vision of what the City is trying to accomplish and concluding with a question and answer period.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to receive the presentation. The motion was adopted by the following vote. Yeas: 10/11/11 3

Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to refer this Plan and any other dialogue that the Manager, Deputy Manager and staff would like to have with the various boards and commissions discussed during the presentation or as deemed appropriate, including other community or ad hoc City entities or citizens groups and ask them for recommendations, and once those have been vetted they be brought back to the City Council. 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.

Councilmember Frounfelker requested Items E, F and G be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the following Consent Calendar, with Items E, F and G removed for separate consideration. 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 September 27, 2011.

B. Approval of the request from Zombie Walk Jackson to conduct the Jackson, Michigan Zombie Walk and Fun Run for the March of Dimes utilizing city streets on Saturday, October 29, 2011, from 5:00 p.m. to 8:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Engineering and Public Works Departments, and the Downtown Development Authority. Special event insurance has been approved by the City Attorney.)

C. Approval of the request from the Downtown Development Authority to conduct the Holiday DDA Day at Bucky Harris Park on Saturday, November 19, 2011, from 11:00 a.m. to 2:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Engineering, and Public Works Departments, and the Downtown Development Authority. Special event liability insurance is covered under the City of Jackson.)

D. Approval of the request from Habitat for Humanity to conduct their Annual 5K Run/Walk for Shelter at Ella Sharp Park on Saturday, November 19, 2011, from 9:00 a.m. to 3:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Engineering, and Public Works Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)

E. Removed for separate consideration.

F. Removed for separate consideration.

G. Removed for separate consideration.

CONSENT CALENDAR ITEM E.

Approval of Traffic Control Order (TCO) No. 2098, modifying traffic pattern at the intersection of W. Michigan Avenue and Wildwood Avenue.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve TCO No. 2098. 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. 10/11/11 4

CONSENT CALENDAR ITEM F.

Approval of Traffic Control Order (TCO) No. 2099, removing eastbound and westbound left turn only regulations on W. Michigan Avenue at Blackstone Street.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve TCO No. 2099. 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.

Councilmember Frounfelker asked the City Engineer to look at the intersection of Mechanic and Michigan for a possible TCO.

CONSENT CALENDAR ITEM G.

Establishment of October 25, 2011, at the City Council meeting as the time and place to hold a public hearing on the proposed reapportionment plan for the City, as recommended by the City Election Commission.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to refer the matter back to staff to come up with a couple of different options, then refer to the Election Commission for a recommendation, with options, for the Council’s consideration and then establish a public hearing. 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.

COMMITTEE REPORTS.

A. RECEIPT OF THE FINANCE COMMITTEE REPORT.

Motion was made by Councilmember Breeding and seconded by Councilmember Howe to receive the Finance Committee 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 THE JACKSON COUNTY BOARD OF COMMISSIONERS THE REAPPOINTMENT OF DAVID TAYLOR, CITY ASSESSOR, TO THE JACKSON COUNTY LAND BANK AUTHORITY FOR A FOUR-YEAR TERM BEGINNING NOVEMBER 1, 2011, AND ENDING OCTOBER 31, 2015.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding 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. 10/11/11 5

A. PUBLIC HEARING ON A REQUEST TO REZONE PROPERTIES WHICH INCLUDE THE SOUTHWEST CORNER OF THE INTERSECTION OF LANSING AVENUE AND WEST MONROE STREET AT 1314 LANSING AVENUE (ID# 2-2111.1000), AND 1310 LANSING AVENUE (ID# 2-2108.1000) FROM R-2 (ONE-AND TWO-FAMILY RESIDENTIAL DISTRICT) TO C-1 (NEIGHBORHOOD COMMERCIAL DISTRICT). (CITY PLANNING COMMISSION AND ITS STAFF RECOMMEND APPROVAL.)

Mayor Dunigan opened the public hearing. Gerald Montgomery spoke in opposition to the rezoning. Lane Montgomery asked that the intersection be examined for possible turning lane changes. The Mayor closed the public hearing.

  1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING PROPERTIES WHICH COMPRISE 1314 LANSING AVENUE (ID# 2-111.1000), AND 1310 LANSING AVENUE (ID#2-2108.1000) FROM R-2 TO C-1.

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. 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.

RESOLUTIONS.

A. CONSIDERATION OF A REVISED RESOLUTION FOR THE APPLICATION FOR AN INDUSTRIAL FACILILTIES EXEMPTION CERTIFICATE FILED BY TECHNIQUE, INC., LOCATED AT 2427 RESEARCH DRIVE. (RESOLUTION ADOPTED AT THE SEPTEMBER 13, 2011, CITY COUNCIL MEETING.)

Motion was made by Councilmember Frounfelker 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 Daniel P. Greer--1.

ORDINANCES.

None.

OTHER BUSINESS.

None.

NEW BUSINESS.

A. CONSIDERATION OF THE REQUEST TO ACCEPT THE OFFER TO SELL THE PROPERTY LOCATED AT 115 DAMON STREET FOR THE AMOUNT OF $10,500.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE DEED, FOR THE DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE, TO SIGN ANY REQUIRED DOCUMENTS AT CLOSING, AND FOR THE CITY ATTORNEY TO MAKE

10/11/11 6

MINOR MODIFICATIONS TO THE CLOSING DOCUMENTS, AND TO TAKE ALL OTHER ACTION NECESSARY TO EFFECTUATE THE CLOSING.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 APPROVE A REVOCABLE LICENSE REQUESTED FROM THE JACKSON TRANSPORTATION AUTHORITY FOR CONSTRUCTION OF A BUS SHELTER UPON THE CITY’S RIGHT-OF-WAY AT 950 WEST NORTH STREET, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.

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 stated he hopes Lee Roy Brown will get answers to his inquiries and relief from the problems he has experienced during the Mason/Wilkins street reconstruction project. He discussed that someone added something to his September 27 agenda item without his authorization. It appears someone was trying to derail his request and he hopes this does not happen in the future.

Councilmember Gaiser recognized the excellent presentations given tonight.

Councilmember Frounfelker praised the Community Development Department team for all of their hard work and stated that this Economic Stabilization Program is the right approach for our community.

Councilmember Polaczyk announced there will be more opportunities in the future for the public to speak on the Economic Stabilization Plan.

MANAGER’S COMMENTS.

None.

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 8:28 p.m.

Lynn Fessel

City Clerk