CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:02 p.m. by Vice Mayor Andrew R. Frounfelker.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Vice Mayor Frounfelker gave the invocation.
ROLL CALL.
Present: Vice Mayor Andrew R. Frounfelker and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser and John R. Polaczyk-6. Absent with excuse: Mayor Jerry F. Ludwig-1.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to delete Item 17.B. from this agenda (Consideration of a periodic personnel evaluation of the City Manager.), due to the Mayor's absence, and place it on the next regular Council meeting agenda. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig-1.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to move Item 9.D. under Appointments to New Business (Item 14.C.). The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig-1.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to adopt the agenda, as amended above. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
PRESENTATIONS/PROCLAMATIONS.
A) PRESENTATION BY FRANK DONOVAN, CHIEF BUILDING OFFICIAL, INSPECTION DIVISION, AND SUSAN MURPHY, DEPUTY CITY ATTORNEY, REGARDING THE BUILDING BOARD PROCESS.
Community Development Director Carol Konieczki introduced Brian Taylor, the City's new Building Inspector, and Barry Hicks, the City's new Economic Development Project Manager.
Mr. Donovan began his presentation by explaining that he is revising the process to include the assignment of dangerous structures to one of three categories: Condemned, Hazardous or Unfit for Habitation based on conditions observed during investigations. Hopefully, properties that have been on the list for a long time will be categorized correctly, monitored properly or repaired or demolished. He reviewed the layout of future reports, explaining what they will include. Mr. Donovan also discussed the issue of properties where the water has been shut off and how this will be reported.
CITIZEN COMMENTS.
John Wilson, 1045 S. Durand, stated he hopes the City Council will consider all of the options before approving another extension to the Hotel Hayes Development, LLC.
Mike Sharp, on behalf of Hotel Hayes Development, LLC, updated the Council on the Hayes Commons (Hotel Hayes) project and requested a six-month extension of the closing date on the property.
Margaret Riggle, 634 N. Mechanic Street, thanked the Council for starting the improvements on Mechanic Street, but more lighting and paving are needed. The management and ownership of Art 634 do not want to see Phase II of the Armory Arts project go forward until Phase 1 is operating as marketed.
Terry Sanders, 1112 Hamilton, complained about the property at the corner of Hamilton and Argyle. He explained that it is boarded up with no water, no electricity, no steps, unshoveled sidewalks and something needs to be done about it.
Carolyn Whaley, Teddy Bear Warehouse, would like to see metered parking come back. She also discussed the struggle of small business owners and the accumulation of snow in the downtown.
CONSENT CALENDAR.
Councilmember Breeding requested Item G be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item G removed for separate consideration. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 6, 2009.
B. Approval of the payment of the Region 2 Planning Commission invoice, in the amount of $12,138.43 for planning services for the month of December 2008, in accordance with the recommendation of the City Manager.
C. Approval of the request from the Center for Family Health to conduct the 33rd annual Groundhog Gallop, Saturday, February 7, 2009, beginning at 12 noon. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry and Public Services Departments. Proper insurance coverage received.)
D. Approval of the request from the Jackson Storyfest Committee for police assistance and for permission to use the City owned parking lots north of Pearl Street for parking school buses for their annual Jackson Storyfest to be held on Friday and Saturday, May 1 and 2, 2009. (Recommended approval received from the Police, Fire, Public Services, and Traffic Engineering Departments, and the Downtown Development Authority. Insurance coverage received, subject to renewal April, 2009.)
E. Approval of the request from the Jackson National Day of Prayer Task Force to conduct the National Day of Prayer service at 12:00 p.m. on Thursday, May 7, 2009, at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
F. Approval of Traffic Control Order (TCO) No. 1993, reviewing the request of possibly removing posted parking restrictions on Trail Street between Jackson Street and Mechanic Street and rescinding Traffic Control Orders PR100 and #379, in accordance with the recommendation of the City Engineer.
G. Removed for separate consideration.
H. Receipt of Community Development Department CDBG Financial Report through November 30, 2008.
I. Receipt of an Order from the Court of Appeals, State of Michigan regarding Brian Surgener vs. City of Jackson.
J. Receipt of the City of Jackson's summary of revenue and expenditures for six (6) months ended, December 31, 2008.
CONSENT CALENDAR ITEM G.
Receipt of the 2008 City Planning Commission Annual Report.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the Report. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Howe, Greer, Gaiser and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Mayor Ludwig-1.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT CAROL KOBERT TO THE BOARD OF REVIEW FOR A THREE-YEAR TERM BEGINNING FEBRUARY 1, 2009, AND ENDING JANUARY 31, 2012.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to approve the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT LISA M. GOWDY TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Howe, Greer, Gaiser and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Mayor Ludwig--1.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT WENDY R. CLIFTON TO THE DOWNTOWN DEVELOPMENT AUTHORITY FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING MARCH 29, 2012.
Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to approve the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
D. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT HIMSELF TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2009, AND ENDING JANUARY 31, 2012.
This Item was moved to New Business (Item C) at the time the agenda was adopted.
E. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT TERESSA T. DELPH TO THE JACKSON DISTRICT LIBRARY BOARD OF TRUSTEES FOR A FOUR-YEAR TERM BEGINNING FEBRUARY 3, 2009, AND ENDING FEBRUARY 2, 2013.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
F. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT ELWYN RIDER TO THE PARKS AND RECREATION COMMISSION FOR A TWO-YEAR TERM BEGINNING FEBRUARY 1, 2009, AND ENDING JANUARY 31, 2011.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA OF THE CITY FOR 2008-2009.
Vice Mayor Frounfelker opened the public hearing. Brian Surgener, 201 S. Mechanic Street, distributed a letter and stated his objections based on Section 15.4 of the City Charter. The Vice Mayor closed the public hearing.
1. RESOLUTION DETERMINING THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM, ORDERING THE CITY ASSESSOR TO PREPARE ASSESSMENT ROLL NOS. 4173 AND 4174, AND ESTABLISHING FEBRUARY 24, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING CONFIRMING THE METERLESS PARKING SYSTEM ASSESSMENT ROLLS.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to amend the motion by adding “after the 27th of January” after “prepare” in the fifth paragraph beginning Now, Therefore, Be It Resolved. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Gaiser and Polaczyk-5. Nays: Councilmember Greer--1. Absent: Mayor Ludwig--1.
The main motion, as amended, was voted on and adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig-1.
B. PUBLIC HEARING TO CONSIDER A REQUEST FROM ORTHOPAEDIC REHAB SPECIALISTS PC, TO REZONE PROPERTY LOCATED AT 206 AND 216 PAGE AVENUE FROM HIGH DENSITY APARTMENT AND OFFICE (R-4) TO COMMUNITY COMMERCIAL (C-2). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Vice Mayor Frounfelker opened the public hearing. Karen Clow, Orthopaedic Rehab Specialists Marketing Director, thanked the Council for listening to this request and stated they look forward to moving ahead. The Vice Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 206 & 216 PAGE AVE. FROM R-4 TO C-2.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to deny the request. The motion FAILED adoption by the following vote. Yeas: Councilmember Breeding-1. Nays: Vice Mayor Frounfelker and Councilmembers Howe, Greer, Gaiser and Polaczyk-5. Absent: Mayor Ludwig-1.
Motion was made by Councilmember Greer 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: Vice Mayor Frounfelker and Councilmembers Howe, Greer, Gaiser and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Mayor Ludwig-1.
C. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS.
Vice Mayor Frounfelker opened the public hearing. The following applicants for CDBG funding addressed the Council: Ben Keaster and students, Partnership Park After School Program; Allen Hathaway, B.R.I.N.C.S.; Erica Vogel and Bobbi Bryant, Big Brothers Big Sisters; Jennifer Fitch and Delilah Scott, Community Action Agency; Linda Tallman, Family Services and Children's Aid FAST Program; Kathleen Conley, Human Relations Commission - Fair Housing; Karen Jackson, Jackson Affordable Housing Corporation; Carrie Good and Kip Cunningham, John George Home; Major John Mallett, The Salvation Army; Ken Toll and Niki Feller (Lifeways), United Way 211, and Molly Kaser and Dr. Jane Grover, Center for Family Health- Adult Dental Services. The Vice Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to receive the application presented this evening by the Center for Family Health (Adult Dental Services) and place it with the rest of the applications. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig-1.
The Council took a five-minute recess from 9:15 p.m. until 9:20 p.m.
D. PUBLIC HEARING FOR CONSIDERATION OF A BROWNFIELD PLAN FOR 228 W. MICHIGAN AVENUE (HAYES COMMONS DEVELOPMENT, LLC), AS RECOMMENDED BY THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY (JBRA).
Vice Mayor Frounfelker opened the public hearing. No one spoke; the Vice Mayor closed the public hearing.
1. RESOLUTION APPROVING THE BROWNFIELD PLAN FOR 228 W. MICHIGAN AVENUE.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
RESOLUTIONS.
None.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF A LEASE BETWEEN THE CITY AND THE ELNORA V. MOORMAN COMMUNITY HELP CENTER FOR ROOM NOS. 3 AND 4 AT 1015 FRANCIS STREET FOR A MONTH-TO-MONTH TENANCY AT THE RENTAL RATE OF $1.00 PER YEAR, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S). (PROPER INSURANCE COVERAGE HAS BEEN RECEIVED.)
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to approve the lease and authorize the Mayor and City Clerk to execute the appropriate document(s). The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk--6. Nays: 0. Absent: Mayor Ludwig--1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE SALE OF THE NEW NEIGHBOR HOME PROGRAM PROPERTY, LOCATED AT 826 WELLS STREET, OR TO RENEGOTIATE THE SALE PRICE AND/OR TERMS, SUBJECT TO MINOR MODIFICATIONS AND APPROVAL BY THE CITY ATTORNEY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer to approve the purchase as presented. He then withdrew his motion.
Motion was made by Councilmember Greer to approve the sale price of $45,000.00 and direct staff to bring the proper documentation back to the next City Council meeting. He then withdrew his motion.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the purchase price of $45,000.00 and authorize the City Attorney to move forward with the correct documentation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: 0. Absent: Mayor Ludwig--1.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT HIMSELF TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2009, AND ENDING JANUARY 31, 2012.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe that the Council select Jerry F. Ludwig as the representative on the Ella W. Sharp Park Board of Trustees. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6.
© City of Jackson, 2012
