JACKSON CITY COUNCIL MEETING
MINUTES
FEBRUARY 7, 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 Frounfelker.
ROLL CALL.
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, Kimberly Jaquish, Andrew R. Frounfelker and Derek J. Dobies—5. Absent with excuse: Councilmembers Daniel P. Greer and Laura Dwyer Schlecte—2.
Also present: City Manager Larry Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, Police Chief Matt Heins, 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 adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
CITIZEN COMMENTS.
Chris Hamlin inquired if there are any city policies and/or city departments in place to help a person start a business in the City.
John Wilson asked the Council to vote unanimously to terminate the City/County Parks and Recreation Intergovernmental Agreement. He also asked if the City Manager or City Attorney could 2/07/12 2
explain to the taxpayers what legal reasoning there is that prohibits the Council from taking a vote to overturn the storm water fee.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 24, 2012.
B. Approval of Change Order No. 1 to the contract with Salenbien Trucking and Excavating, Inc., Dundee, in the decreased amount of $7,725.55, to change contract quantities to match final quantities placed for the Mason and Wilkins CDBG Street Reconstruction Project, and authorization for the City Manager and City Engineer/Director of Public Works to execute the appropriate document(s).
C. Approval of the second year renewal to haul and land apply digested sewage sludge to Biotech Agronomics, Beulah, at a cost of $0.0312 per gallon, and authorization for the Mayor and City Clerk to execute the appropriate document(s).
D. Approval of the request from Consumers Energy to conduct the Walk for Warmth, in conjunction with the Community Action Agency, on downtown streets, on Friday, February 24, 2012, from 11:30 a.m. to 12:30 p.m. A map of the proposed route is attached. (Recommended approval has been received from the Police, Fire, Parks, Department of Public Works, Engineering, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
E. Approval of the request to divide the property at 423 North West Avenue according to the deed provided by the Michigan Department of Transportation.
F. Receipt of the City of Jackson’s summary of revenue and expenditures for six (6) months ended, December 31, 2011.
G. Approval of the request from Castle Marketing and Advertising to conduct the Jackson Winterfest Awards Ceremony at Bucky Harris Park on Saturday, February 25, 2012, from 6:30 p.m. to 8:30 p.m. (Recommended approval has been received from the Police, Fire, Parks, Department of Public Works, Engineering, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
COMMITTEE REPORTS
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT BARBARA JO DWYER TO THE BOARD OF REVIEW FOR A THREE-YEAR TERM BEGINNING FEBRUARY 1, 2012, AND ENDING JANUARY 31, 2015.
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Motion was made by Councilmember Breeding and seconded by Councilmember Jaquish to confirm the appointment. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT KATHLEEN CONLEY AND ALICE LEWIS TO THE HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM EACH BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2014, IN ACCORDANCE WITH THE RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION.
Motion was made by Councilmember Breeding and seconded by Councilmember Dobies to confirm the reappointments. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
PUBLIC HEARINGS.
RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.
Motion was made by Councilmember Dobies and seconded by Councilmember Breeding to recess as a City Council and convene as a Board of Review. The motion was adopted by unanimous voice vote.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3365 FOR STREET REPAVING ON LOOMIS FROM LEROY TO ARGYLE STREET.
Mayor Griffin opened the public hearing. No one spoke. The City Clerk reported on a letter from Jeannette Lienhart, 716 Loomis Street, expressing concern about proper notification and information being given to property owners prior to the start of this project. The Mayor closed the public hearing.
Motion was made by Councilmember Breeding and seconded by Councilmember Jaquish to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3366 FOR STREET REPAVING ON NORTH STREET FROM COOPER TO LANSING AVENUE.
Mayor Griffin opened the public hearing. Ross Tingley, 165/167 W. North Street, asked how the billing for these special assessments will be handled. Dr. Robert Doan, 956 Cooper Street, discussed sidewalk repair and stated he didn’t understand that he was going to be assessed for the street repaving. He also asked for a breakdown of funds used to complete this project. The City Clerk reported on correspondence from Cindy Grove, 246 W. North Street; Michael Khouri, Commercial Exchange, Inc., (1000 Hamilton, 140 and 150 W. North and Stencil No. 8-2490) and Derrick and Patricia Rowley, 409 W. North Street. All stated objections to their assessments. The Mayor closed the public hearing. 2/07/12 4
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3367 FOR STREET REPAVING ON MASON FROM MECHANIC TO FRANCIS STREET.
Mayor Griffin opened the public hearing. John Dunn representing Andrew Harris, 118 E. Mason Street, (Stencil Nos. 5-0136, 5-0201 and 5-0202) discussed the loss of business Jack’s Take Out suffered during the project and asked if he could get an adjustment to the special assessments. No correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Breeding to adopt the resolution and request administration to meet with Mr. Harris to discuss whether or not there may be some compensation. The motion died for lack of a second.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Frounfelker and Dobies—4. Nays: Councilmember Breeding—1. Absent: Councilmembers Greer and Schlecte—2.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3368 FOR STREET REPAVING ON WILKINS FROM JACKSON TO FRANCIS STREET.
Mayor Griffin opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Dobies and seconded by Councilmember Frounfelker to adjourn as a Board of Review and reconvene as City Council. The motion was adopted by unanimous voice vote.
E. PUBLIC HEARING ON THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA OF THE CITY FOR 2011-2012.
Mayor Griffin opened the public hearing. No one spoke. The City Clerk reported on correspondence received from Donald Webb, 146 W. Michigan Avenue, opposing meterless parking assessments. The Mayor closed the public hearing. 2/07/12 5
Motion was made by Councilmember Jaquish and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Frounfelker and Dobies—4. Nays: Councilmember Breeding—1. Absent: Councilmembers Greer and Schlecte—2.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF IFT CERTIFICATE NO. 2002-436 GRANTED TO MID-AMERICAN PRODUCTS, INC., 1623 WILDWOOD AVENUE.
Councilmember Frounfelker stated that the Finance/Tax Policy Committee recommended this action.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-30, ARTICLE II, CITY CODE, TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies 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 Griffin and Councilmembers Jaquish, Frounfelker and Dobies—4. Nays: Councilmember Breeding—1. Absent: Councilmembers Greer and Schlecte—2.
B. FINAL ADOPTION OF ORDINANCE NO. 480, 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 adopt Ordinance No. 480. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
OTHER BUSINESS. 2/07/12 6
None.
NEW BUSINESS.
A. CONSIDERATION OF THE FOLLOWING REQUEST REGARDING THE PRELIMINARY FUNDING ALLOCATIONS FOR THE 2012-2013 CDBG AND HOME GRANTS AS DETERMINED BY CITY COUNCIL:
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to receive the report. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the following 2012-2013 CDBG preliminary allocations:
PUBLIC SERVICES
King Center – Summer Youth Programs $ 40,000
ADMINISTRATION AND PLANNING
Administration and Planning $215,000
OTHER PROJECTS
Community Development – Code Enforcement $535,000
Community Development – Demolition $225,952
Community Development – Residential Rehab $145,000
City Attorney – Code Enforcement Legal Services $ 52,000
Dept. of Public Works – Handicap Curb Ramps $ 10,000
TOTAL CDBG 2012-2013 ALLOCATION $1,222,952
Not receiving the required four affirmative votes, the motion FAILED adoption by the following vote. Yeas: Mayor Griffin and Councilmembers Frounfelker and Dobies—3. Nays: Councilmembers Breeding and Jaquish—2. Absent: Councilmembers Greer and Schlecte—2.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Dobies to approve the following 2012-2013 HOME preliminary allocations:
GENERAL PROJECTS
Community Development Rehab Assistance $182,488
ADMINISTRATION
Community Development Administration $ 25,000
CHDO RESERVE
CAA Acquisition/Rehab/Resale $ 40,000
CHDO OPERATING EXPENSES 2/07/12 7
Community Action Agency CHDO Operating $ 12,500
TOTAL HOME 2012-2013 ALLOCATION $259,988
Not receiving the required four affirmative votes, the motion FAILED adoption by the following vote. Yeas: Mayor Griffin and Councilmembers Frounfelker and Dobies—3. Nays: Councilmembers Breeding and Jaquish—2. Absent: Councilmembers Greer and Schlecte—2.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE AUTHORIZATION OF THE MAYOR TO FORMALLY NOTIFY JACKSON COUNTY OF ITS INTENTION TO TERMINATE THE INTERGOVERNMENTAL AGREEMENT, DATED JUNE 23, 2010, IN ACCORDANCE WITH PARAGRAPH 7 OF SAID AGREEMENT, WHICH STATES IN PART, "…THE AGREEMENT MAY BE TERMINATED BY EITHER PARTY, FOR ANY REASON, UPON SIXTY (60) DAYS WRITTEN NOTICE TO THE OTHER PARTY FOLLOWING FORMAL ACTION OF THE GOVERNING BODY …". THE DATE OF TERMINATION SHALL BE APRIL 9, 2012.
Motion was made by Councilmember Jaquish and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Frounfelker and Dobies—5. Nays: 0. Absent: Councilmembers Greer and Schlecte—2.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Frounfelker discussed the meterless parking assessments. He asked staff (City Manager, Community Development, Zoning Board) to look at zoning for parking to see if there are ways we can rezone some parking so that places that don’t need 25 spots, because their intended use may only require 8 spots, don’t have to build additional parking lots.
Councilmember Dobies would like to know which entities are paying their meterless parking assessments and which entities are not. He wished Ila Smith a happy 80th birthday and congratulated Sixth Ward residents Kathleen Conley on her reappointment to the HRC and Barbara Dwyer on her appointment to the Board of Review.
Mayor Griffin reported on a recent meeting with funeral home directors and the Cemetery Department and asked for a written report on what we’ve done and what we’re doing. He is looking for assurances that the Cemeteries will be plowed with every snowfall and that the Cemetery office will not be demolished without the permission of City Council. He asked when DPW assumed a number of other agencies, as well as their assets including equipment, did DPW purchase these at fair market value? At DPW rates? He would like to see an accounting of that and where the money went. He asked if we are charging back departments for the use of these assets. Finally, he would like to see the Finance and Tax Policy Committee look at the merging of Parks, Recreation, Forestry, Cemeteries and Downtown into one department. Further, that we take a look at, starting with DPW, the billing and accounting practices and have an external audit done if necessary. He wants a look taken at the charge for services that they are charging back to City departments and compare them with other communities and make sure that we are charging a rate that is fair and a rate that is not bankrupting the City. It’s a tall order, but if we want transparency and fairness in government, we need to start somewhere. He thinks the Finance and Tax Policy Committee is the best place to do it. 2/07/12 8
MANAGER’S COMMENTS.
City Manager Shaffer discussed the termination of the City/County Parks and Recreation Intergovernmental Agreement, making it clear that this administration will continue to entertain relationships that have a discernible benefit to the City, but if there is no benefit to the City, he will recommend terminations. He praised Brandon Ransom and Kelli Hoover for their excellent work during the tenure of the Intergovernmental Agreement. He stated that Cemetery roads will continue to be plowed at the end of the plow routes and there is no intention of removing the cemetery building presently.
ADJOURNMENT.
No further business being presented, Mayor Griffin adjourned the meeting at 7:33 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
