JACKSON CITY COUNCIL MEETING
MINUTES
JANUARY 24, 2012
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 Martin J. Griffin.
PLEDGE OF ALLEGIANCE – INVOCATION.
The Council joined in the pledge of allegiance. The invocation was given by Councilmember Greer.
ROLL CALL.
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, Kimberly Jaquish, Daniel P. Greer, Laura Dwyer Schlecte, Andrew R. Frounfelker and Derek J. Dobies—7. Absent: 0.
Also present: City Manager Larry Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, Police Chief Matt Heins, Deputy Fire Chief Dave Wooden, City Assessor David Taylor, City Engineer Jon Dowling, Deputy City Manager/Community Development Director Patrick Burtch and Carmen Ryan from the City Clerk’s office.
AGENDA.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to remove Item 10. A. (Public hearing on the request to rezone 2005 First Street) from the Agenda to come back in February and add Item A., Finance Committee Report, under Item 8. Committee Reports. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Schlecte and seconded by Councilmember Frounfelker to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
CITIZEN COMMENTS.
Craig Radala stated that his recollection is that all candidates running for election last November supported the repeal of the storm water ordinance, which is still in place. Lawsuits have now been filed
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and, instead of having a repealed ordinance, City residents are now paying for attorneys in Detroit to defend the ordinance.
Lane Montgomery spoke in support of the proposed ordinance establishing a Registry for Non-Owner Occupied Structures and Units. He expressed his disappointment with the recently amended false alarm ordinance, stating it still doesn’t make it easier for people.
State Representative Earl Poleski gave a brief report on the state of the State, remarking that there is an approximate surplus of $457M at the end of last fiscal year. As a citizen of Jackson County, he asked the Council to carefully consider the City/County Parks agreement.
Gerald Montgomery would like to see the City enforce a 2-year inspection program on non-owner occupied structures.
Thomas Mijal explained that he owns 3 properties in the City and opposes any ordinance that would require him to pay a yearly fee to register properties in the City.
Ninth District County Commissioner Jon Williams echoed the sentiments of Representative Poleski regarding the City/County Parks agreement. He also stated that he is available if the Intergovernmental Relations Committee is reactivated.
Robert Tulloch, President of the Jackson Area Landlords Association, stated that he has concerns with the proposed Registry ordinance and changes to the Housing Code. He asked Council to postpone this matter and work with members of the Landlords Association.
Kami Taylor stated that she owns 9 units in the City and opposes the proposed Registry ordinance. She remarked that more fees will be a burden.
Will Stoner remarked that if the City can’t keep up with the current system, how can it take on the additional work created by the proposed Registry ordinance.
Jim Tylutki spoke in opposition to the proposed Registry ordinance and asked the Council to postpone the matter for more consideration.
James Tylutki spoke in opposition to the proposed Registry ordinance stating that the City should look at landlords as investors in the City because they are rehabbing and improving properties.
PRESENTATIONS/PROCLAMATIONS.
A.
PRESENTATION BY MARK KETTNER, REHMANN ROBSON, OF THE CITY OF JACKSON’S AUDIT REPORT FOR FISCAL YEAR 2010/11.
1.
REVIEW OF MANAGEMENT LETTER.
Mr. Kettner announced that last year’s Comprehensive Annual Financial Report won the Award for Excellence and that was the City’s 20th year of receiving this Award. He anticipates that this year’s report will win that Award as well. He briefly discussed the contents of the Report, stating the audit went very well.
CONSENT CALENDAR.
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Councilmember Breeding requested Items A and C be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Schlecte to approve the following Consent Calendar, with Items A and C removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0. Consent Calendar
A.
Removed for separate consideration.
B.
Approval of the request from the Center for Family Health to conduct their 35th Annual Groundhog Gallop on city streets near and in Ella Sharp Park on Saturday, February 4, 2012, from 10:00 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. Insurance coverage has been approved.)
C.
Removed for separate consideration.
D.
Approval of Traffic Control Order (TCO) No. 2105, to lower load limits on the Lewis Street Bridge to 26 tons for one unit (single truck or bus), 29 tons for two units (truck and trailer or tractor and semi-trailer), and 37 tons for three units (tractor, semi-trailer, and trailer), based on the recommendation from Great Lakes Engineering upon completing load rating calculations for bridges in the City.
E.
Receipt of the CDBG and HOME Financial Summaries through December 31, 2011.
F.
Establishment of February 7, 2012, at the City Council meeting as the time and place to hold a public hearing on the necessity of continuing the operation of the meterless parking system for the downtown area.
G.
Establishment of February 7, 2012, at the City Council meeting as the time and place to hold public hearings on the following Special Assessment Rolls for street construction:
1.
Roll No. 3365 for street repaving on Loomis from Leroy to Argyle Street.
2.
Roll No. 3366 for street repaving on North Street from Cooper to Lansing Avenue.
3.
Roll No. 3367 for street repaving on Mason from Mechanic to Francis Street.
4.
Roll No. 3368 for street repaving on Wilkins from Jackson to Francis Street.
CONSENT CALENDAR ITEM A.
Approval of the minutes of the regular City Council meeting of January 10, 2012.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the minutes. Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to amend the minutes to include the following listing of appointments and reappointments:
Building Code Board of Appeals – Mayor Griffin
City Affairs/Rules & Personnel Committee – Councilmembers Breeding and Schlecte and Mayor Griffin
City Employees Retirement Pension Board – Mayor Griffin and Councilmember Frounfelker
City Planning Commission – Mayor Griffin and Councilmember Dobies (ex officio)
Downtown Development Authority – Mayor Griffin
Ella Sharp Park Board of Trustees – Mayor Griffin
Emergency Measures Advisory Council – Councilmember Dobies
Finance/Tax Policy Committee – Councilmembers Frounfelker and Dobies and Mayor Griffin
Intergovernmental Cooperation Committee – Mayor Griffin and Councilmember Schlecte (alternate)
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JACTS Policy Committee – Mayor Griffin
Local Emergency Planning Committee – Councilmember Jaquish
Jackson County Land Bank Authority – Councilmember Frounfelker
Jackson County Brownfield Redevelopment Authority – Councilmember Greer
Local Development Finance Authority/JBRA – Councilmembers Frounfelker and Greer and Mayor Griffin
Parks and Recreation Commission – Mayor Griffin and Councilmember Jaquish
Police & Fire Pension Board – Original – Mayor Griffin
Police & Fire Pension Board – Act 345 – Mayor Griffin
Region 2 Planning Commission – Councilmember Schlecte
Telecommunications Advisory Board – Councilmembers Jaquish, Greer and Breeding
The motion to amend was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Jaquish to approve the minutes, as amended. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
CONSENT CALENDAR ITEM C.
Approval of the first renewal to the contract with A. Williams Cleaning Service, LLC, for janitorial services for City Hall, the Water Department, the Wastewater Treatment Plant, and the Department of Public Works, and approval of a change order in the amount of $522.00 for additional cleaning in City Hall for a total annual contract of $40,452.00, in accordance with the recommendation of the Purchasing Agent.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the first renewal and the change order for the contract with A. Williams Cleaning Service, LLC. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
COMMITTEE REPORTS
A.
FINANCE COMMITTEE REPORT.
Councilmember Frounfelker, newly elected Chair of the Finance Committee, reported that the Committee met and discussed Item 14.B. – Request to approve an Extension of Oil and Gas Lease and Order for Payment with West Bay Exploration Company. The Committee unanimously agreed to recommend the extension.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to receive the Committee’s report. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
APPOINTMENTS.
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A.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ELWYN “C” RIDER TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2012, AND ENDING JANUARY 31, 2015.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to approve the Mayor’s recommendation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
B.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT GERALD RAND TO THE LOCAL OFFICERS COMPENSATION COMMISSION FOR A SEVEN-YEAR TERM, BEGINNING FEBRUARY 26, 2012, AND ENDING FEBRUARY 25, 2019.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to approve the Mayor’s recommendation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
C.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT STEVEN DUKE TO THE DOWNTOWN DEVELOPMENT AUTHORITY, FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2015.
Motion was made by Councilmember Schlecte and seconded by Councilmember Dobies to approve the Mayor’s recommendation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
A.
DELETED FROM THE AGENDA.
B.
PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS IN THE CITY FOR 2012-2013 ANNUAL ACTION PLAN.
Mayor Griffin opened the public hearing. The following applicants for CDBG funding addressed the Council: Carrie Good, John George Home withdrew her request and thanked the Council for their past allocations. Katharine Morgan, Training and Treatment Innovations; Kim Hastings, Jackson School of the Arts; Karen Jackson, Jackson Affordable Housing Corporation; Molly Kaser and Dr. James Heidenriech, Center for Family Health – Emergency Adult Dental Care; Becky Filip, AWARE, Inc.; Robbie Renkes and Melissa Tinervia, Home of New Vision; John Willis, King Center Summer Youth Program, and Major Jason Pollom, The Salvation Army. The Mayor closed the public hearing.
RESOLUTIONS.
A.
CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR GANSON
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STREET PAVEMENT IMPROVEMENTS FROM WISNER STREET TO JACKSON STREET, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS.
Motion was made by Councilmember Schlecte and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF A “RESOLUTION PLEDGING LIMITED TAX FULL FAITH AND CREDIT IN SUPPORT OF CITY OF JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY TAX INCREMENT REFUNDING BONDS, SERIES 2012 (LIMITED TAX GENERAL OBLIGATION).”
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 Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
ORDINANCES.
A.
CONSIDERATION OF AN ORDINANCE ESTABLISHING A REGISTRY FOR NON-OWNER OCCUPIED STRUCTURES AND UNITS, AND TO REVISE VARIOUS SECTIONS OF CHAPTER 14 IN ORDER TO UPDATE CERTAIN PROVISIONS.
Patrick Burtch, with Frank Donovan and Dennis Diffenderfer, briefly outlined the proposed ordinance and updates to the Housing Code.
Motion was made by Councilmember Breeding and seconded by Councilmember Jaquish to postpone action until the 1st Council meeting in March and direct staff to meet with any organizations or persons who wish to be informed as to what will take place if this is approved. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Jaquish—2. Nays: Mayor Griffin and Councilmembers Greer, Frounfelker and Dobies—4. Abstain: Councilmember Schlecte—1. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the ordinance and place it on the February 21, 2012, Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Dobies—4. Nays: Councilmembers Breeding and Jaquish—2. Abstain: Councilmember Schlecte—1. Absent: 0.
B.
CONSIDERATION OF AN ORDINANCE ESTABLISHING WARDS AND PRECINCTS WITHIN THE CITY OF JACKSON, IN ACCORDANCE WITH THE RESULTS OF THE 2010 DECENNIAL CENSUS OF THE UNITED STATES, AND TO REPEAL ORDINANCE 452, WHICH HAD ESTABLISHED SAID WARDS AND PRECINCTS IN ACCORDANCE WITH THE 2000 CENSUS.
Motion was made by Councilmember Breeding and seconded by Councilmember Jaquish to approve the ordinance for Revised Plan B and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Griffin
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and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
OTHER BUSINESS.
None.
NEW BUSINESS.
A.
CONSIDERATION OF THE REQUEST TO APPROVE A PROPOSED LEASE BETWEEN JACKSON AFFORDABLE HOUSING CORPORATION (JAHC) AND THE CITY FOR A ONE-YEAR TERM, COMMENCING DECEMBER 1, 2011, AND ENDING NOVEMBER 30, 2012, WITH TWO ONE-YEAR EXTENSIONS AT THE CITY’S OPTION, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO MAKE ANY MINOR MODIFICATIONS NECESSARY.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF THE REQUEST TO APPROVE AN EXTENSION OF OIL AND GAS LEASE AND ORDER FOR PAYMENT WITH WEST BAY EXPLORATION COMPANY, 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 DOCUMENTS AND TO TAKE ALL ACTION NECESSARY TO EXTEND THE OIL AND GAS LEASE.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
C.
CONSIDERATION OF THE REQUEST TO APPROVE AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT WITH PATRICK BURTCH, DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR, AND TO FURTHER ALLOW THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS.
Motion was made by Councilmember Breeding to refer this matter to the City Affairs/Rules and Personnel Committee. The motion died for lack of a second.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Greer, Schlecte, Frounfelker and Dobies—6. Nays: Councilmember Breeding--1. Absent: 0.
Mayor Griffin called a brief recess at 8:43 p.m. and Council reconvened at 8:44 p.m.
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CITY COUNCILMEMBERS’ COMMENTS. Councilmember Breeding asked how much accumulation of snow triggers the snow trucks. City Engineer Dowling explained that there was more salting than plowing being done because the roads were slippery and were salted for the safety of the public. City Manager Shaffer stated that the determination is made by DPW, in conjunction with the Police Department, based upon conditions and the forecast. Councilmember Frounfelker announced he will hold a 5th Ward Neighborhood Meeting on Tuesday, January 31 at 7:00 p.m. in the Council Chambers. There will be a few City updates and time allowed for questions, concerns and comments. Councilmember Dobies congratulated William Deary of Great Lakes Caring who received the Entrepreneurial Vision Award from the Jackson Chamber of Commerce. He thanked everyone for their positive feedback regarding the establishment of a task force along the lines of the former Intergovernmental Committee. Councilmember Greer stated he is happy with the new ward boundaries, but sorry he will no longer be representing the Armory Arts area. He is pleased with the vote on Mr. Burtch’s Employment Agreement. He concluded with the following remark. “Please Lord may we strike oil.” Mayor Griffin wished City Attorney Giglio a very happy 60th Birthday.
MANAGER’S COMMENTS.
City Manager Shaffer stated he will meet with the Parks and Recreation Commission and the Ella Sharp Park Board of Trustees and will come back to the Council with their recommendations and his own recommendation regarding the joint City/County parks agreement. He will begin the process of conducting a Fire Chief search. There are no resources to hire a chief this year, but the Code requires that the City have a Fire Chief and he intends to comply with that.
ADJOURNMENT.
No further business being presented, Mayor Griffin adjourned the meeting at 8:50 p.m.
Lynn Fessel
City Clerk