JACKSON CITY COUNCIL MEETING
MINUTES
JANUARY 25, 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 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, Assistant Fire Chief Dave Wooden and Economic Development Project Manager Barry Hicks.
AGENDA.
Motion was made by Councilmember Polaczyk 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CITIZEN COMMENTS.
Laurie Lewis asked how the City will pay for a Public Safety Department if a proposal is passed and asked what kind of information taxpayers will receive to make an informed decision. She believes a committee, from all areas including the community, is needed to present the voters with fair and accurate information.
Tom Loveberry, representing the Jackson Professional Fire Fighters, discussed the Fire Fighters proposals for savings. He said they are willing, as a union, to come up with new ideas and negotiate different options, but not with the current City Manager. He asked Council to vote "no" on a public safety option tonight. 1/25/11 2
Joseph VanDam spoke in opposition to the Storm Water Ordinances and to money being taken from the Water Fund anytime additional dollars are needed.
Tom Christoff congratulated the Mayor on winning the Athena award and discussed his strong opposition to the Storm Water Ordinances.
Mary Price, Shannon Sterner, Corey Tittler, Victor Hansens, Roger Maufort, Brenda Lutz, Linda Burns, Pete Burns, Robin Miller, Dale Brunell, David Sanford, Joel Engel, Brant Johnson and Daniel Trevino all spoke in support of medical marijuana and in opposition to Ordinance No. 2011.04.
Paul and Joanne Smith asked Council for their help in obtaining City inspections and a written report of all violations for their place of business - Jo-Paz restaurant.
Larry Lloyd congratulated Mayor Dunigan on winning the Athena Award and invited everyone to attend the Economic Club Luncheon on February 28th, where she will officially be presented with the Award. He also thanked the Council and staff for meeting with the Chamber of Commerce regarding the Sign Ordinance.
PRESENTATIONS/PROCLAMATIONS.
None.
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 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 January 11, 2011.
B. Approval of the payment of the Region 2 Planning Commission invoice in the amount of $8,222.21 for planning services for the month of December 2010, in accordance with the recommendation of the City Manager.
C. Receipt with regret the resignation of James M. Stark from the Telecommunications Advisory Board.
D. Receipt of the CDBG and HOME Financial Summary report through December 31, 2010.
E. Receipt of the City of Jackson’s summary of revenue and expenditures for six (6) months ended, December 31, 2010.
COMMITTEE REPORTS.
A. RECEIPT OF THE FINANCE COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the Finance Committee 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. 1/25/11 3
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT RUSSEL P. DECKER, JR., TO THE BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2011, AND ENDING JANUARY 31, 2013.
Motion was made by Councilmember Frounfelker 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT JAMES M. STARK TO THE CITY PLANNING COMMISSION FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2013.
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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
C. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT GERALD F. RAND TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2011, AND ENDING JANUARY 31, 2013.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the 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.
D. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT KELLY A. WILLIAMS TO THE PARKS AND RECREATION COMMISSION FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2011, AND ENDING JANUARY 31, 2013.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the 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.
E. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT GERALD L. MONTGOMERY AS AN ALTERNATE TO THE ZONING BOARD OF APPEALS FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2012.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the 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. 1/25/11 4
A. PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS FOR THE 2010-2014 FIVE-YEAR CONSOLIDATED PLAN, AND THE 2011-2012 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING AND COMMUNITY DEVELOPMENT NEEDS.
Mayor Dunigan opened the public hearing. The following applicants for CDBG funding addressed the Council: Rebecca Filip, AWARE, Inc.; Jane Robinson and Dr. Jane Grover, Center for Family Health – Adult Dental Services; Karen Jackson, Jackson Affordable Housing Corporation – Homeownership Program; Kim Hastings, Jackson School of the Arts; John Willis, King Center Summer Youth Program; Jennifer Bentley and Erica Zimny, Legal Services of South Central Michigan; Katie Luke and Abbey (student), Partnership Park After School Program; Major John Mallett, Salvation Army Utility Shutoff Prevention; Nick Lynch, United Way Central Michigan 2-1-1; Diane King and Shawn Christie, Jackson Friendly Home; Tom Steiger, Ash Tree Removal and Replacement, and Carrie Good, John George Home.
Kevin Dowd of Habitat for Humanity and applicant for HOME funds addressed the Council.
Jon Hart, representing the Emergency Needs Coalition, and Lesia Pikaart, representing the Jackson County Continuum of Care, addressed the Council. Carmen Yeloushan spoke in support of all of the agencies, hoping all will receive some CDBG funding.
The Mayor closed the public hearing.
City Manager Renando gave Council two goals that he believes should be in the Five-Year Plan. Reduce administrative costs by 50% - 10% a year over the next 5 years - and concentrate on a geographic area for housing programs. Councilmember Breeding wants the Council to have the opportunity to adopt the Community Development Administration budget.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS, WITH ENTERTAINMENT PERMIT, LOCATED AT 1008 LANSING AVENUE, FROM ALDOUS TAVERN, INC. TO QBV, LLC.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser 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.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2011.04, AMENDING CHAPTER 16, CITY CODE, ADDING ARTICLE XVIII ADOPTING A MORATORIUM ON THE
1/25/11 5
ESTABLISHMENT OF OPERATIONS AND THE ISSUANCE OF PERMITS OR LICENSES FOR OPERATIONS THAT RELATE TO THE CULTIVATION, DISPENSING, OR USE OF MEDICAL MARIHUANA.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2011.04. 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 Greer and seconded by Councilmember Polaczyk to refer to the City Affairs Committee the development of an ordinance related to the regulation of this issue. 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.
OTHER BUSINESS.
A. CONSIDERATION OF THE CITY MANAGER’S RESPONSE REGARDING MONTEZ WHITE (REQUESTED BY CITY COUNCILMEMBER BREEDING AT THE JANUARY 11, 2011, COUNCIL MEETING).
Motion was made by Councilmember Howe and seconded by Councilmember Greer to accept Mr. Renando’s correspondence. 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.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE A PROPOSED OIL AND GAS LEASE BETWEEN WEST BAY EXPLORATION COMPANY AND THE CITY, FOR LITTLE WOLF LAKE, 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 LEASE.
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.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Breeding asked for clarification on a $500,000 grant for the Fire Department. The City Manager explained the grant would be to hire additional employees and not to pay for the employees we currently have.
Councilmember Greer offered his congratulations to Deputy City Attorney Susan Murphy on her new position. He wished her the best and stated she will be missed.
Councilmember Gaiser offered his congratulations to Mayor Dunigan on winning the Athena Award, stating it is well deserved. 1/25/11 6
Councilmember Polaczyk announced that there will be a meeting at Parkside Middle School tomorrow evening at 7:00 p.m. regarding reconstruction of Fourth Street.
Mayor Dunigan reminded everyone that the Council is making difficult decisions. They have to look at the City as a whole and what is best for all citizens and not just for certain neighborhoods. We are facing a large deficit and every department is subject to budget cuts.
MANAGER’S COMMENTS.
A. CITY MANAGER’S ATTENDANCE AT THE 2011 MICHIGAN LOCAL GOVERNMENT MANAGEMENT ASSOCIATION (MLGMA) WINTER INSTITUTE, FEBRUARY 1 – 4, 2011, DETROIT, MI (AT OWN EXPENSE).
Mr. Renando will attend the Institute at no expense to the City.
B. CONSIDERATION OF A DATE TO HOLD A WORKSHOP REGARDING EMPLOYEE HEALTHCARE BENEFITS.
Mr. Renando would like to hold a healthcare workshop in late February or early March and asked the Council to provide him with dates they will be available.
C. CONSIDERATION OF THE CITY MANAGER’S RECOMMENDATION REGARDING THE RESIDENCY REQUIRMENT FOR CITY EMPLOYEES.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to waive the 20-mile residency requirement for the candidate selected for the position of Utilities Director and in the near future we address the issue of possibly removing the residency requirement period. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Frounfelker and Polaczyk—4. Nays: Councilmembers Breeding, Greer and Gaiser—3. Absent: 0.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to refer the entire matter of residency to the Rules & Personnel Committee for further consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: Councilmember Gaiser—1. Absent: 0.
D. CONSIDERATION OF THE ESTABLISHMENT OF A PUBLIC SAFETY DEPARTMENT.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to direct the City Attorney to prepare ballot language for the creation of a department of Public Safety for Council consideration at their February 22, 2011, meeting.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to call for the question. 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. 1/25/11 7
The main motion was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Polaczyk—5. Nays: Councilmembers Breeding and Frounfelker—2. Absent: 0.
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 9:32 p.m.
Lynn Fessel
City Clerk