JACKSON CITY COUNCIL MEETING
MINUTES
NOVEMBER 23, 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 Howe.
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, and Fire Chief Mike Beyerstedt.
AGENDA.
Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to add consideration of an additional leaf pick-up to the agenda (Item C under Other Business). 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 Polaczyk and seconded by Councilmember Frounfelker 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.
CITIZEN COMMENTS.
Kim Jaquish updated the Council on the petition drive to save police and fire personnel. 11/23/10 2
John Wilson spoke in opposition to the granting of a PILOT to Excel-New Urban Jax Limited Dividend Housing Association Limited Partnership, believing that Phase I of the Armory Arts Project has not lived up to what it was supposed to be.
Scott Fleming stated he was available to answer questions regarding the Armory Arts Project agenda items. He mentioned that no taxes have been paid from 1840 forward due to the presence of the Armory and then the establishment of the Renaissance Zone, but current residents are now paying and future residents will be paying taxes.
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION BY MR. JEFF KIRKPATRICK OF LODISE BAIL BONDS, DONATING A TASER TO THE JACKSON POLICE DEPARTMENT.
Mr. Kirkpatrick, who was instrumental in getting legislation passed that allows the use of tasers in Michigan, and Police Chief Heins gave a brief history of tasers. Mr. Kirkpatrick then presented the taser to Chief Heins and said that he hopes other businesses will consider donating tasers to the City’s Police Department.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar. 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 November 9, 2010.
B. Approval of the request from the Downtown Development Authority to conduct the annual Eve on the Ave New Year’s Eve event in downtown Jackson on Friday, December 31, 2010, from 11:00 p.m. to Saturday, January 1, 2011, 12:30 a.m., with various downtown street closures. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. A Liability Pool Fireworks Application has also been approved by the Michigan Municipal League, upon recent additional requirements.)
C. Approval of the payment of the Region 2 Planning Commission invoice in the amount of $5,352.70 for planning services for the month of October 2010, in accordance with the recommendation of the City Manager.
D. Receipt of the CDBG and HOME Financial Summary Report through October 31, 2010.
E. Receipt of the Dangerous Building Report through October 31, 2010.
F. Receipt of the City Treasurer’s Report July through September, 2010.
G. Referral of the request to rezone the John George Home, 1501 E. Ganson Street, and the former Firth Middle School property from R-2 (one-and two-family residential) to R-4 (high density apartment and office) to the City Planning Commission for their recommendation.
H. Establishment of December 14, 2010, at the City Council meeting as the time and place to hold a public hearing for the consideration of a Brownfield Plan for 212 West Michigan Avenue (former Consumers Energy Headquarters), as recommended by the Jackson Brown field Redevelopment Authority (JBRA).
COMMITTEE REPORTS. 11/23/10 3
A. RECEIPT OF THE RULES AND PERSONNEL COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the report and concur with the Committee recommendation to retain the MML for the City Manager search. 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.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES FOR 2011.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 1110 PAGE, (PINETREE TAVERN), FROM EUGENE WILSON TO JOSHUA SOPER AND JAMES A. ZENTGRAF.
Motion was made by Councilmember Frounfelker 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 300 BURR STREET, FROM LAGOW AND LAGOW ENTERPRISES, INCORPORATED TO LEE AND LEE ENTERPRISES, INC.
Motion was made by Councilmember Frounfelker 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. 11/23/10 4
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2010-2011 DRUG LAW ENFORCEMENT FUND (DLEF) BUDGET, AND ESTABLISHMENT OF THE 2010-2011 JNET CONSPIRACY CONTINUATION PROJECT GRANT BUDGET IN THE AMOUNT OF $48,105.00, AND A LOCAL MATCH OF $48,105.00.
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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
E. 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 2011.
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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to authorize the closing of the Park and designated streets. 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.
A. CONSIDERATION OF A REQUEST TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN EXCEL-NEW URBAN JAX LDHA LP, AND THE CITY FOR REIMBURSEMENT OF CITY DEVELOPMENT COSTS IN THE AMOUNT OF $150,000.00 IN TWO INSTALLMENTS OF $75,000.00 EACH, 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 AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER, CITY ATTORNEY AND COMMUNITY DEVELOPMENT DIRECTOR.
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 Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmembers Breeding and Gaiser—2. Absent: 0. 11/23/10 5
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2010.11. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Polaczyk—4. Nays: Councilmembers Breeding, Gaiser and Frounfelker—3. Absent: 0.
Councilmember Frounfelker explained that his "nay" vote was due to the length of the PILOT. He believes 35 years is too long. Councilmember Breeding also stated he believes 35 years is too long.
OTHER BUSINESS.
A. CONSIDERATION OF A REQUEST FOR EXTENSION OF FINAL SITE PLAN FROM EXCEL-NEW URBAN JAX LDHA LP FOR PHASE 1 OF THE ARMORY ARTS VILLAGE PUDD, (THE CITY PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL FOR A THREE-YEAR EXTENSION).
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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 THE REQUEST TO APPROVE AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES BETWEEN THE CITY AND THE ENTERPRISE GROUP IN THE AMOUNT OF $100,000.00, IN THREE INSTALLMENTS OF $33,333.00 EACH, FOR A ONE-YEAR CONTRACT, TERMINATING ON JUNE 30, 2011, 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 AGREEMENTS, IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CITY MANAGER, CITY ATTORNEY AND COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the request. 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.
C. CONSIDERATION OF AN ADDITIONAL LEAF PICK-UP. (ITEM ADDED AT THE TIME THE AGENDA WAS ADOPTED.)
Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to direct to the City Manager to arrange for a second leaf pick-up with a schedule well publicized ahead of time. 11/23/10 6
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to amend the motion that the pick-up be done as soon as possible, weather permitting, and that the cost is paid from the Water and Sewer Funds. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Greer and Gaiser—3. Nays: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Absent: 0.
The main motion was then voted on and FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser—2. Nays: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Absent: 0.
The City Manager was directed to have crews pick up leaves as needed/necessary – without addressing special funds.
NEW BUSINESS.
A. DISCUSSION OF THE CITY’S STREET PLAN (TIME PERMITTING).
The City Manager outlined the 2011-2014 TIP projects, MDOT projects in the City, 2011 City construction projects and one-way streets.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Greer announced he will hold a 3rd Ward Neighborhood meeting on November 30 at 6:30 p.m. in the Council Chambers. The topic will be police and fire protection in the City. He also wished everyone a Happy Thanksgiving.
Councilmember Gaiser announced he will hold a 4th Ward Neighborhood meeting on December 13 at 7:00 p.m. in the Council Chambers (if they are available). He wanted his constituents to know that he does not have a list of people who have called him regarding leaf pick-up. He thanked everyone who attended his last neighborhood meeting and wished everyone a Happy Thanksgiving.
Councilmember Frounfelker gave kudos to his colleagues that serve on the Jackson County Land Bank Authority for approving the removal of 800 S. Mechanic St. Hopefully, this vacant land will spur new housing development to continue the re-gentrification of the Partnership Park neighborhood. He also thanked everyone who helped with food distribution in the Partnership Park neighborhood and at the Salvation Army.
Councilmember Polaczyk encouraged everyone to come downtown, see the beautiful lighting and get in the "holiday spirit." He also wished everyone a Happy Thanksgiving.
Mayor Dunigan reiterated that no City dollars were spent on the Grand River Artswalk – it was paid for with federal state funds/grants. She wished everyone a Happy Thanksgiving, stating that times are bad, but we have a lot to be grateful for.
Councilmember Breeding mentioned that a citizen asked him why there were not different colored lights downtown. 11/23/10 7
MANAGER’S COMMENTS.
Mr. Renando reported on the MML memo regarding Sunday liquor sales; the legislation takes effect on December 2, 2010. If Council does not take action to prevent it, Sunday liquor sales will be allowed. He reported that Bill Baldridge from the MML will be conducting the City Manager search. He urged the Council to attend the December 7 special meeting and be prepared to establish a timeline of events and discuss the manager selection process.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Howe to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:18 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
