JACKSON CITY COUNCIL MEETING
MINUTES
NOVEMBER 29, 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 Mayor Dunigan.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Andrew R. Frounfelker and John R. Polaczyk—6. Absent with excuse: Councilmember Kenneth E. Gaiser—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 Burtch.
AGENDA.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to add an item under Other Business regarding the return of the Police/Fire Chief to Police Chief and the appointment of a Fire Chief by the City Manager. The motion was lost due to the following tie vote. Yeas: Councilmembers Breeding, Frounfelker and Polaczyk—3. Nays: Mayor Dunigan and Councilmembers Howe and Greer—3. Absent: Councilmember Gaiser—1.
Motion was made by Councilmember Howe 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 and Frounfelker--5. Nays: Councilmember Polaczyk--1. Absent: Councilmember Gaiser—1.
CITIZEN COMMENTS.
Laura Schlecte discussed the proposed graffiti ordinance, stating that she hates to see the property owners penalized. She noted that the Community Action Agency has neighborhood stabilization homes 11/29/11 2
and they are offering a $4,000 commission and that is a competitive disadvantage for the City. She also encouraged the Council to support the Purchase Agreement for 1707 E. Ganson Street.
Bill Jewell thanked Mayor Dunigan for her service and discussed the pros and cons of the City’s leaf pick-up program.
Robert Sutherby spoke in opposition to the proposed graffiti ordinance, stating that the onus should be placed on the perpetrators.
Lane Montgomery spoke in support of the proposed false alarm ordinance and in opposition to pay increases for appointed officials.
Jon Williams expressed his appreciation to the outgoing officials, thanking them for their service.
Gerald Montgomery thanked Mayor Dunigan for an outstanding job and thanked Patrick Burtch for getting something done with just one phone call. He also thanked the outgoing officials and told the City Manager not to get too comfortable.
PRESENTATIONS/PROCLAMATIONS.
A. CITY MANAGER’S ADDRESS TO DEPARTING CITY COUNCILMEMBERS ROBERT HOWE, 2ND WARD, KENNETH GAISER, 4TH WARD AND JOHN POLACZYK, 6TH WARD.
City Manager Larry Shaffer acknowledged the accomplishments and contributions of the outgoing Councilmembers. He noted Councilmember Gaiser’s service as the City’s Fire Chief, as well as his membership on the Emergency Management Advisory Council, the Finance Committee, the Intergovernmental Cooperation Committee and the Region 2 Planning Commission. He discussed Councilmember Howe’s 25 years of service in the City Police Department and previous two-year term (1991-1993) on the City Commission. He also noted his membership on the City Affairs Committee, the Employees Retirement System Board, Intergovernmental Cooperation Committee and the local Emergency Planning Committee. He thanked Councilmember Polaczyk for his years of service as a member of the Telecommunications Advisory Board, the City Planning Commission, Parks and Recreation Commission and the City Affairs Committee. Mr. Shaffer presented plaques to Councilmembers Howe and Polaczyk.
B. CITY MANAGER’S ADDRESS TO DEPARTING MAYOR KAREN F. DUNIGAN.
City Manager Larry Shaffer stated that Mayor Dunigan helped lead the City through some of the most difficult financial times it has ever faced and gave her heart and soul to this City. He also recognized her membership on the Board of Review, the City’s three pension boards, the City Planning Commission, the Downtown Development Authority, the Sharp Park Board, the Local Development Finance Authority/Brownfield Authority, the Parks and Recreation Commission and the Finance Committee (Chair).
CONSENT CALENDAR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor 11/29/11 3
Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of November 15, 2011.
B. Approval of the request from the Downtown Development Authority to conduct Eve on the Ave in Downtown Jackson on Saturday, December 31, 2011, from 9:00 p.m. to 12:30 a.m., January 1, 2012. (Recommended approval has been received from the Police, Fire, Parks, Public Works and Engineering Departments, and the Downtown Development Authority. Special event insurance has been received.)
C. Approval of the 2012-2013 CDBG/HOME Timetable and establishment of public hearings on January 24, 2012, and September 25, 2012, contingent upon the approval of regular City Council meeting dates established by resolution in the near future.
D. Referral of matters related to the tax abatement Letter of Agreement with Mid-American Products, Inc., dated June 26, 2002, and Industrial Facilities Exemption Certificate No. 2002-436 to the City Affairs Committee for a recommendation.
E. Receipt of the CDBG and HOME Financial Summaries through October 31, 2011.
F. Receipt of the City of Jackson’s summary of revenue and expenditures for four (4) months ended, October 31, 2011.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE REQUEST FROM CHRIST CENTERED HOMES TO REZONE PROPERTY LOCATED AT 224 MADISON STREET (PARCEL ID #1-0736.1000, 225 MADISON STREET (PARCEL ID #1-0736000), 404 JEFFERSON ST. (PARCEL ID #1-0713000), 400 JEFFERSON ST. (PARCEL ID #1-0712000), 338 JEFFERSON ST. (PARCEL ID #1-0711000), 336 JEFFERSON ST. (PARCEL ID #1-0710000), AND 334 JEFFERSON ST. (PARCEL ID #1-0709000) FROM R-1 (ONE-FAMILY RESIDENTIAL) TO PUDD (PLANNED UNIT DEVELOPMENT DISTRICT). (CITY PLANNING COMMISSION RECOMMENDS DENIAL.)
Mayor Dunigan opened the public hearing. Ray Snell spoke in favor of the rezoning and stated he is willing for this to go back to the City Planning Commission because some of the issues have been resolved. Lane and Gerald Montgomery spoke in opposition to the rezoning. The Clerk reported on a telephone call from Mary Cawthon and an email from Carroll Fronta both opposing the rezoning. The Mayor closed the public hearing.
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(ONE-FAMILY RESIDENTIAL) TO PUDD (PLANNED UNIT DEVELOPMENT DISTRICT) AS RECOMMENDED BY THE CITY PLANNING COMMISSION.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to concur with the City Planning Commission recommendation and deny the rezoning request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
B. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON GANSON STREET FROM WISNER TO CENTER STREET.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
C. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON GANSON STREET FROM CENTER TO STEWARD AVENUE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
D. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON GANSON STREET FROM STEWARD TO JACKSON STREET.
Mayor Dunigan opened the public hearing. No one spoke. The Clerk reported on correspondence received from Saeed and Suryia Mian opposing their estimated assessment. 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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1. 11/29/11 5
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2011-2012 DRUG LAW ENFORCEMENT FUND (DLEF) BUDGET AND THE ESTABLISHMENT OF THE 2011-2012 JNET CONSPIRACY CONTINUATION PROJECT GRANT BUDGET IN THE AMOUNT OF $3,334.00, AND A LOCAL MATCH OF $3,334.00.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
B. CONSIDERATION OF A RESOLUTION APPROVING THE CITY OF JACKSON NOTIFICATION OF RELEASE OF FIRST RIGHT OF REFUSAL UNDER PUBLIC ACT 123 OF 1999 FOR JACKSON COUNTY FOR THOSE PROPERTIES LISTED IN EXHIBIT A ATTACHED.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
C. CONSIDERATION OF A RESOLUTION TO APPROVE A MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) PERFORMANCE RESOLUTION FOR GOVERNMENTAL AGENCIES RELATED TO THE ANNUAL APPLICATION AND PERMIT FOR MISCELLANEOUS OPERATIONS WITHIN TRUNKLINE RIGHT-OF-WAY, AUTHORIZATION FOR THE CITY CLERK TO EXECUTE THE RESOLUTION, AND FOR THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS (STREET ADMINISTRATOR) TO EXECUTE THE PERMIT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
D. CONSIDERATION OF A RESOLUTION SUSPENDING ENFORCEMENT OF ORDINANCES THAT WOULD PROHIBIT THE POSSESSION AND USE OF FIRE ARMS WITHIN THE CITY AS IT APPLIES TO EMPLOYEES AND AGENTS OF AARON’S NUISANCE ANIMAL CONTROL DURING SAID DEER HARVEST WITHIN ELLA SHARP PARK DURING THE MONTHS OF JANUARY AND/OR FEBRUARY 2012.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
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Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the contract renewal. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE IX, CHAPTER 17, CITY CODE, DEFINING GRAFFITI OFFENSES, TO PROVIDE FOR THE REMOVAL OF GRAFFITI, AND TO PROVIDE PENALTIES FOR GRAFFITI.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to refer the ordinance back to the City Attorney and the Graffiti Task Force for fine tuning. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
B. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 31-35, CHAPTER 21, ARTICLE II, CITY CODE, REVISING THE CHARGES FOR FALSE ALARMS OR UNKNOWN ALARMS, AND TO CREATE AN APPEALS PROCESS FOR THOSE RECEIVING A CHARGE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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, Frounfelker and Polaczyk—5. Nays: Councilmember Breeding—1. Absent: Councilmember Gaiser—1.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST FROM THE DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR TO ACCEPT THE REVISED LISTING AGREEMENTS WITH THINKING REAL ESTATE TO SELL PROPERTIES REHABILITATED WITH NEIGHBORHOOD STABILIZATION FUNDS, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE LISTING AGREEMENTS, AND FOR THE CITY ATTORNEY TO MAKE MINOR
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MODIFICATIONS TO THE LISTING AGREEMENT, IF NECESSARY, FOR FINALIZATION.
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, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
B. CONSIDERATION OF THE REQUEST TO ACCEPT THE OFFER TO SELL THE PROPERTY LOCATED AT 1707 E. GANSON STREET IN THE AMOUNT OF $24,000.00, 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 MINOR MODIFICATIONS TO THE CLOSING DOCUMENTS AND TO TAKE ALL OTHER ACTION NECESSARY TO EFFECTUATE THE CLOSING.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
C. CONSIDERATION OF THE REQUEST TO ACCEPT THE OFFER TO SELL THE PROPERTY LOCATED AT 733 OAKDALE AVENUE FOR $30,000.00, 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 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, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
D. CONSIDERATION OF THE RECOMMENDATION TO AMEND THE PERSONNEL POLICY, ARTICLE VI- UNCLASSIFIFED SERVICE AND DELETE THE CLASS TITLE OF ASSISTANT CITY MANAGER/ECONOMIC DEVELOPMENT DIRECTOR, CLASS GRADE 20, AND REPLACE IT WITH DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR, CLASS GRADE 20, AND TO RECLASSIFY PATRICK BURTCH TO THIS CLASS GRADE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.
E. CONSIDERATION OF THE RECOMMENDATIONS FROM THE RULES AND PERSONNEL COMMITTEE’S MEETING OF NOVEMBER 15, 2011:
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Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the addendum. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Frounfelker and Polaczyk—4. Nays: Mayor Dunigan and Councilmember Breeding—2. Absent: Councilmember Gaiser—1.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the addendum. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Frounfelker and Polaczyk—4. Nays: Mayor Dunigan and Councilmember Breeding—2. Absent: Councilmember Gaiser—1.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the addendum. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Frounfelker and Polaczyk—4. Nays: Mayor Dunigan and Councilmember Breeding—2. Absent: Councilmember Gaiser—1.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Breeding remarked that he has been reviewing the City’s Boards and Commissions and believes these need to be looked at. He asked why City employees serve on the City of Jackson Building Authority and asked the City Manager to look into this, including what the Authority’s purpose is.
Councilmember Howe stated his 4-year term went quickly and there are certain things he will miss. He wants to continue lunching with the City Manager and he thanked the people in City Hall for being so gracious.
Councilmember Greer thanked Mayor Dunigan and Councilmembers Polaczyk, Howe and Gaiser for their service and passion, stating they will be missed and wishing them the best. He remarked that the Mayor’s performance of his marriage ceremony will always be special to him.
Councilmember Polaczyk thanked everyone who supported him and allowed him to serve as a Councilmember. He thanked his fellow Councilmembers, department heads and employees. He stated he is leaving his Ward in capable hands with Derek Dobies. He wished everyone a very Merry Christmas and closed with one of his father’s favorite quotes. "Goodnight Mrs. Calabash wherever you are."
Mayor Dunigan stated that it has been an honor to serve as the Mayor of Jackson. She met a lot of citizens and will take away new friendships with City staff, who helped her find her way through the system. She remarked that she is leaving the City in very capable hands with the new Council and especially with the new City Manager and new Deputy City Manager.
MANAGER’S COMMENTS. 11/29/11 9
City Manager Shaffer stated that he will be prepared to talk about the Fire Department and the Fire Chief issue during the first meeting in January.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:57 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
