JACKSON CITY COUNCIL MEETING
MINUTES
OCTOBER 26, 2010
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, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—7. Absent: none.
Also Present: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, City Engineer Jon Dowling, Police Chief Matt Heins, Fire Chief Mike Beyerstedt and Community Development Director Carol Konieczki.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to add reconsideration of the day to have Halloween Trick or Treat hours to the agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
RECONSIDERATION OF THE DAY TO HAVE HALLOWEEN TRICK OR TREAT HOURS.
Motion was made by Mayor Dunigan and seconded by Councilmember Breeding to reconsider Council action of September 28, 2010, and move the day to have Halloween Trick or Treat hours to Sunday, October 31, 2010, from 6:00 p.m. until 8:00 p.m.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to divide the question. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Mayor Dunigan and seconded by Councilmember Greer to reconsider Council action of September 28, 2010. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Mayor Dunigan and seconded by Councilmember Polaczyk to have Halloween Trick or Treat hours on Sunday, October 31, 2010, from 6:00 p.m. until 8:00 p.m. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CITIZEN COMMENTS.
Laura Schlecte and Brenda Whiteaker encouraged the Council to accept the offer to purchase 1906 Plymouth St.
Marcus Kostrzewa and David Rogers spoke in support of changing the celebration of Halloween Trick or Treating to Sunday, October 31.
Jay Cummings asked if the Partnership Park Neighborhood Association could hold their "Trunk or Treat" event on Saturday and also celebrate Halloween on Sunday.
Betsy Martin and Kim Jaquish spoke in opposition to cuts in Police and Fire personnel.
Arlene Robinson spoke in opposition to proposed changes in the City’s ward system.
Chris Gorton and Robert Duha spoke in support of the Armory Arts items on this agenda.
Peter Jobson displayed a rendering and discussed the Phase II Armory Arts Village Senior Residence.
EG President Scott Fleming and Board member Ron Coleman spoke in support of funding for The Enterprise Group.
PRESENTATIONS/PROCLAMATIONS.
A. CITY MANAGER’S PRESENTATION REGARDING PROPOSED CITY CHARTER AMENDMENTS FOR REDISTRIBUTION OF WARDS, AND THE ESTABLISHMENT OF A DEPARTMENT OF PUBLIC SAFETY, AND RECOMMENDATION TO REFER THESE QUESTIONS TO VARIOUS COMMITTEES FOR FURTHER ACTION.
Mr. Renando discussed the City’s current ward system, a modified ward system and at-large elections, along with the establishment of a public safety department.
Motion was made by Councilmember Greer and seconded by Councilmember Howe that the City Council not put any changes to the ward system on the ballot. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to refer the matter of public safety to the City Council as a Committee of the Whole for discussion and recommendation and bring this back to the body. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CONSENT CALENDAR.
Councilmember Greer requested Item M be removed for separate consideration. Councilmember Frounfelker requested Item J be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Items J and M removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of October 12, 2010.
B. Approval of the nominations for Michigan Municipal League Liability & Property Pool Official Ballot-2010. (Councilmember Greer requested action at the October 12, 2010 City Council meeting.
C. Approval of the request from the Tea Party Express to conduct a Tea Party Rally at the west end of Parking Lot 20, on Friday, October 29, 2010, from 10:00 a.m. to 12:00 p.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
D. Approval of the request from the Downtown Jackson Christmas Parade to conduct their Annual Christmas Parade through the streets of downtown Jackson with various street closures, on Friday, November 19, 2010, from 6:00 to 7:00 p.m. (street closures from 4:45 to 8:00 p.m.). (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
E. Approval of the request to exercise the second extension of the Lease Agreement between the City and Jackson Affordable Housing Corporation for office space at the rental rate of $1.00 annually, and the authorization for the Mayor and City Clerk to execute the appropriate document(s), and for the City Attorney to make minor modifications.
F. Approval of the Offer to Purchase City-owned property located at 122 E. South Street, Stencil #5-1881 (vacant lot), in the amount of $500.00, require a development agreement for the proposed use, subject to zoning approval, with a closing date on or before January 15, 2011, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to approval and minor modifications by the City Attorney.
G. Item moved to 14.E.
H. Approval of the Homeless Prevention and Rapid Re-Housing Program (HPRP) budget reallocation in the amount of $29,300.00 to the United Way of Jackson County (UWJC) for HPRP Financial Assistance, and $5,150.00 to UWJC for costs to administer the grant.
I. Approval of the request to authorize the Mayor to execute the listing agreements for the properties rehabilitated with Neighborhood Stabilization Grant funds, and for the City Attorney to make minor modifications to the agreement.
J. Removed for separate consideration.
K. Receipt of the CDBG and HOME Financial Summary Report through September 30, 2010.
L. Receipt of the Dangerous Building Report through September 30, 2010.
M. Removed for separate consideration.
N. Receipt of the City of Jackson’s summary of revenue and expenditures for three (3) months ended, September 30, 2010.
CONSENT CALENDAR ITEM J.
Approval of Traffic Control Order (TCO) No. 2075, removing the existing traffic signal at the intersection of Mechanic Street and Michigan Avenue, and require that all traffic at the intersection stop prior to entering the intersection, creating an all way stop.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the Traffic Control Order (TCO) and that the overhead traffic control devices at the intersection remain in place for at least a period of 6 months, that any changes to this TCO do not happen until after January 1, 2011, and that the City Manager directs the City Engineer to review the intersections of Michigan and Blackstone and Mechanic and Cortland and make recommendations on their traffic control warrants and ask the City Manager and City Engineer to bring forward to the Council a list of other intersections within the City that need to be changed after January 1, 2011. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CONSENT CALENDAR ITEM M.
Receipt of correspondence from the Michigan Municipal League regarding the City Manager search, and referral to the Rules and Personnel Committee for the review and recommendation.
Motion was made by Councilmember Greer to refer this matter to the Rules and Personnel Committee and allow that Committee to enter into a contract with the Michigan Municipal League. Councilmember Greer withdrew his motion.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to refer this to the Rules and Personnel Committee and ask that the Committee have a recommendation on the next City Council agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to receive the Report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT KYLE JANSEN TO THE ZONING BOARD OF APPEALS FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2010.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Mayor’s recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT JOHN HENEGAR TO THE CIVIL SERVICE COMMISSION FOR A THREE-YEAR TERM BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Mayor’s recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
A. PUBLIC HEARINGS ON THE APPLICATIONS FILED BY REFRIGERATION SALES TO TRANSFER INDUSTRIAL FACILITIES TAX EXEMPTION CERTIFICATE NOS. 2007-500 AND 2010-071 FROM INDUSTRIAL DEVELOPMENT DISTRICT NO. 80 TO INDUSTRIAL DEVELOPMENT DISTRICT NO. 89 (1810 E. HIGH STREET).
Mayor Dunigan opened the public hearing. No one spoke; 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. PUBLIC HEARING ON AN APPLCATION FOR AN INDUSTRIAL FACILITIES TAX EXEMPTION CERTIFICATE FILED BY REFRIGERATION SALES, 1810 E. HIGH STREET.
Mayor Dunigan opened the public hearing. No one spoke; 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A LIQUOR CONTROL RESOLUTION REGARDING A REQUEST FOR A NEW TOPLESS ACTIVITY PERMIT IN CONJUNCTION WITH A 2010 CLASS C LICENSE WITH DANCE-ENTERTAINMENT PERMIT AT 2216 E. MICHIGAN AVENUE. (DISAPPROVAL REQUESTED-ACTIVITY NOT PERMITTED IN A C-4 ZONING DISTRICT.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolution recommending Disapproval based on improper zoning. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
ORDINANCES.
None.
OTHER BUSINESS.
A. CONSIDERATION OF RENEWAL OF FUNDING TO THE ENTERPRISE GROUP IN THE TOTAL AMOUNT OF $100,000.00, (THREE PAYMENTS OF $33,333.33), FOR ECONOMIC DEVELOPMENT IN THE CITY OF JACKSON, AND RECEIPT OF THE ECONOMIC DEVELOPMENT REPORT FROM THE ENTERPRISE GROUP. (CITY AFFAIRS COMMITTEE UNANIMOUSLY RECOMMENDS APPROVAL.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the funding out of the Water and Sewer Enterprise Funds, 3 payments equally divided, and that the City Attorney work with The Enterprise Group to prepare the appropriate documents/agreement. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Polaczyk—5. Nays: Councilmembers Breeding and Frounfelker –2. Absent: 0.
B. CONSIDERATION OF A PROPOSED CITY CHARTER AMENDMENT ADDRESSING THE CITY TREASURER POSITION, AND AUTHORIZATION FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE DOCUMENTS TO HAVE THIS CHARTER AMENDMENT ADDED TO THE NEXT AVAILABLE BALLOT. (POSTPONED AT THE OCTOBER 12, 2010, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker that the City Council not put this proposed charter amendment on the ballot. The motion FAILED adoption by the following vote. Yeas: Councilmember Greer—1. Nays: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Absent: 0.
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to authorize the City Attorney to prepare the appropriate documents to have this proposed charter amendment added to the next available ballot. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Greer-1. Absent: 0.
C. CONSIDERATION OF A PROPOSED CITY CHARTER AMENDMENT REGARDING THE REMOVAL OF ELECTED OFFICIALS, AND AUTHORIZATION FOR THE CITY ATTORNEY TO PREPARE THE APPROPRIATE DOCUMENTS TO HAVE THIS CHARTER AMENDMENT ADDED TO THE NEXT AVAILABLE BALLOT. (POSTPONED AT THE OCTOBER 12, 2010, CITY COUNCIL MEETING.)
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to authorize the City Attorney to prepare the appropriate documents to have this proposed charter amendment added to the next available ballot. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID CONTRACT AWARD TO DORE AND ASSOCIATES, BAY CITY, IN THE AMOUNT OF $846,600.00 FOR ASBESTOS ABATEMENT AT 212 W. MICHIGAN AVENUE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF AN APPLICATION REQUESTING A PAYMENT IN LIEU OF TAXES (PILOT) FROM EXCEL-NEW URBAN LDHA LP, AND ESTABLISHMENT OF NOVEMBER 9, 2010, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING REGARDING THE PILOT APPLICATION FOR THE DEVELOPMENT OF PHASE II OF THE ARMORY ARTS PROJECT.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the application addressing the PILOT and establish a public hearing regarding the PILOT for development of Phase II of the Armory Arts project for the November 9, 2010, meeting and that the PILOT be referred to the City Affairs Committee for a recommendation to come back at the same meeting. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A REQUEST FOR EXTENSION OF FINAL SITE PLAN FROM EXCEL-NEW URBAN LDHA LP FOR THE ARMORY ARTS PROJECT PUDD, AND REFERRAL TO THE CITY PLANNING COMMISSION FOR CONSIDERATION OF A RECOMMENDATION AT ITS NOVEMBER 3, 2010
MEETING, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to refer the PUDD to the City Planning Commission. Councilmember Greer withdrew his motion.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the request of the extension of the final site plan for Excel-New Urban LDHA LP and refer it to the City Planning Commission for a recommendation at its November 3 meeting. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE APPROVAL OF THE FOLLOWING ACTIONS REGARDING THE PROPOSED CITY OF JACKSON ADDRESSING POLICY:
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the Policy. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
E. CONSIDERATION OF THE OFFER TO PURCHASE CITY-OWNED PROPERTY "AS IS, WHERE IS," LOCATED AT 1906 PLYMOUTH STREET, IN THE AMOUNT OF $15,000.00, WITH A CLOSING DATE ON OR BEFORE OCTOBER 29, 2010, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), SUBJECT TO APPROVAL AND MINOR MODIFICATIONS BY THE CITY ATTORNEY, SUBJECT TO A 7% REAL ESTATE COMMISSION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to consider the offer at 1906 Plymouth Street with a 7% real estate commission. Councilmember Polaczyk withdrew his motion.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the offer to purchase 1906 Plymouth Street with a 10% real estate commission.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to divide the question. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Mayor Dunigan—1. Absent: 0.
The motion to approve the offer to purchase was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
The motion to approve the 10% real estate commission was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe and Polaczyk—4. Nays: Councilmembers Greer, Gaiser and Frounfelker—3. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to reconsider the vote for the 10% real estate commission. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Greer, Gaiser and Frounfelker –4. Nays: Mayor Dunigan and Councilmembers Howe and Polaczyk—3. Absent: 0.
The motion to approve the 10% real estate commission was voted on again and FAILED adoption by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe and Polaczyk—3. Nays: Councilmembers Breeding, Greer, Gaiser and Frounfelker—4. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve a 7% real estate commission. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Howe—1. Absent: 0.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Frounfelker requested the status of the property disposition project. He asked the City Manager for a presentation or call for a Committee of the Whole meeting regarding road construction. He thanked the Mayor for her willingness to share her Enterprise Group board meeting documents. On a personal note, he congratulated his brother Jeff who was admitted to the bar today and wished him well.
Councilmember Gaiser requested the public safety information mentioned by the City Manager during his presentation.
Councilmember Greer commented that this has been a wonderful day. He referred to the Grand River Artswalk ribbon cutting ceremony and also stated he is excited about the construction of the Center for Family Health and the Armory Arts Phase II Project. He requested a small sign be placed in the Council Chambers asking attendees to place their cell phones on silence.
MANAGER’S COMMENTS.
Mr. Renando apologized for his comments at the last Council meeting regarding his discussion of resigning.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:55 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
