JACKSON CITY COUNCIL MEETING
MINUTES
APRIL 12, 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 Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—6. Absent with excuse: Councilmember Carl L. Breeding--1.
Also Present: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Deputy Police Chief John Holda, City Engineer Jon Dowling, Interim Deputy 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
CITIZEN COMMENTS.
Robert Donihue, Joanne Smith, Julie Donihue, Robert Lloyd and Paul Smith expressed their anger and frustration with the City related to the unopened business at 700 Wildwood Ave., Jo-Paz.
Howell Wynne expressed concern with how public safety might work and stated he would like to see the citizens vote for a small tax increase to fund police and fire. 4/12/11 2
Scott Aughney spoke in support of the hiring of Crystal Dixon, his belief that there is criminal behavior in the City administration regarding the Jo-Paz matter, circulation of petitions for mayor, his challenge to the FOP to a debate on public safety and two Freedom of Information Act requests.
Michelle LaVoy Foster asked why there will be layoffs in the Police Department before the May 3 election regarding public safety.
Jean Soltis discussed that there are many factors that determine a City’s overall economic health.
Tom Mijal discussed the City’s urban gardening program and the May 21 Victory Garden event at the corner of Francis and Franklin Streets. He also inquired about obtaining compost from the Department of Public Works.
Karen Jackson, Executive Director of Jackson Affordable Housing Corporation, asked the Council to reconsider the allocation of CDBG and HOME funds in regards to JAHC. She explained the many services JAHC has provided over the past 20 years and explained that if JAHC loses its City CHDO it loses its MSHDA CHDO as well. She asked Council to award JAHC its requested CDBG and HOME funds and keeps its CHDO status.
Major John Mallett asked the Council to support the reallocation of CDBG funds to the Salvation Army for the Utility Shutoff Prevention Program.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of March 22, 2011, and special meeting minutes for March 24, 2011.
B. Approval of the request from Together We Can Make A Difference to conduct their Citywide Prayer Walk on city sidewalks with a small stand at Bucky Harris Park on Sunday, May 15, 2011, from 1:00 – 4:00 p.m. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
C. Approval of the request from the Jackson County Parks Department to conduct their Cascades Summer Kick-off Celebration at Cascades Park on Saturday, May 28, 2011, from 5:00 – 11:00 p.m., with road closures beginning at 12:00 p.m. – 11:00 p.m., rain date is Sunday, May 29, 2011. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
D. Approval of the request from the Jackson County Rose Festival, Inc., to (1) close W. Wesley Street from First Street to S. Jackson Street, W. Franklin from First to S. Jackson Street, Mason from First to S. Jackson Street, on Sunday, June 5, 2011, between 10:00 a.m. and 2:00
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p.m., (2) close S. Jackson Street from W. Wesley to Wilkins Street, Greenwood Avenue from S. Jackson Street to Fourth Street, and Fourth Street from Griswold to Alpine Lake Road between 12:30 p.m. to 3:00 p.m., (3) close Oakwood Drive from E. Hickory to Walnut Lane within Sharp Park, beginning at 10:00 a.m., to conduct the Jackson County Rose Festival Parade, and (4) hold the Party in the Park, at Ella Sharp Park immediately following the Rose Parade beginning at 2:00 p.m. (Recommended approval received from 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 from Crazy Cowboy, LLC, for authorization for temporary added space to hold two NASCAR events, using city streets (Mechanic Street from Cortland Street to Washington Avenue) on June 17-19, 2011, and August 19-21, 2011. (Recommended approval received from the Police, Fire, Engineering and Downtown Development Authority Departments. Contingent upon receipt of proper insurance coverage.)
F. Approval of the request from Daryl Hoskins, Daryl’s Downtown, LLC, for authorization for temporary added space and temporary entertainment permit on May 27, June 3, June 10, June 17, June 24, July 1, July 8, July 15, July 22, July 29, August 26 and September 23 for a series of events. (Recommended approval received from the Police and Fire Departments and the Downtown Development Authority. Proper insurance coverage received.)
G. Approval of the request from the Ella Sharp Museum Association for authorization for a temporary outdoor service and temporary additional bar permit on Saturday, June 11, 2011, at 3225 Fourth Street, to conduct their annual Art & Wine Festival. (Recommended approval received from the Police, Fire and Parks/Forestry Departments. Proper insurance coverage received.)
H. Approval of the request from Jackson County Parks Department to conduct their July 3rd Fireworks Show at Cascades Park on Sunday, July 3, 2011, from 5:00 – 11:00 p.m., with road closures from 12:00 p.m. until 11:00 p.m., rain date is Monday, July 4, 2011. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
I. Approval of the request from Jackson County Parks Department to conduct their End of Summer Fireworks Show at Cascades Park on Saturday, September 3, 2011, from 5:00 – 11:00 p.m., with road closures from 12:00 p.m. on September 3, 2011, rain date is Sunday, September 4, 2011. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
J. Approval of Traffic Control Order (TCO) No. 2081, prohibiting parking on the east side of Homecrest from 300 feet north of Louis Glick Highway to 295 feet south of Van Buren Street.
K. Approval of Amendment 1 to the Professional Services Agreement with DLZ Michigan, Inc., Lansing, in the amount of $4,901.76, increasing the total contract amount to $182,753.76, for additional scope of services for the Mechanic Street Bridge project, and authorization for the City Manager and City Engineer/Director of Public Works to execute the appropriate document(s).
L. Receipt of the Dangerous Building Report through March 31, 2011.
M. Referral of an application to the City Planning Commission for a rezoning request from Phillip E. Tripp, Jr., Royal Ministries, to rezone Stencil Nos. 6-0174, 6-0176 and 6-0175 located on Hupp Avenue from I-2 to I-1.
N. Referral of an application to the City Planning Commission for a rezoning request from the City to rezone Stencil Nos. 6-0172 and 5-0271.A located at Hupp/Washington/Cooper from I-2 to I-1.
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COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT ANDREA RAMP TO THE DOWNTOWN DEVELOPMENT AUTHORITY FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2012.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT JASON BUTTERFIELD TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM BEGINNING MARCH 30, 2011, AND ENDING MARCH 29, 2015.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
C. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ROBIN KIRKPATRICK TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM BEGINNING MARCH 30, 2011, AND ENDING MARCH 29, 2015.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
PUBLIC HEARINGS.
A. PUBLIC HEARING OF NECESSITY FOR THE PROPOSED STREET RECONSTRUCTION ON WILKINS STREET FROM JACKSON TO FRANCIS STREETS.
Mayor Dunigan opened the public hearing. Ron Philipp, owner of 147 W. Wilkins, spoke in opposition to the proposed reconstruction. T. Cannon, representing City Cab and Starlite Transportation, 706 Francis, spoke in opposition to the proposed reconstruction. Scott Aughney asked how the City decides what streets will be reconstructed. William Robinson, owner of 613 S. Mechanic asked what his proposed assessment includes and inquired about the timeframe for the project. The City Clerk reported that she received a phone call from Ricky V. Holey, Sr., owner of 141 W. Wilkins, opposing the proposed reconstruction. The Mayor closed the public hearing. 4/12/11 5
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 Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
B. PUBLIC HEARING ON THE REQUEST TO REZONE FIVE PARCELS IN THE VICINITY OF HUPP STREET, WASHINGTON AVENUE, THE GRAND RIVER, AND COOPER STREET FROM I-2 (GENERAL INDUSTRIAL) TO I-1 (LIGHT INDUSTRIAL). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL OF AN ALTERNATE WHICH WOULD REZONE THE FOUR PROPERTIES ON THE EAST SIDE OF THE GRAND RIVER TO I-1 (LIGHT INDUSTRIAL) AND THE SINGLE PROPERTY ON THE WEST SIDE OF THE RIVER TO C-4 (GENERAL COMMERCIAL).
Mayor Dunigan opened the public hearing. Scott Aughney asked how the properties are currently zoned and if this rezoning request has anything to do with the relocation of the transportation hub for Greyhound. The Mayor closed the public hearing.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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: 0. Absent: Councilmember Breeding—1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 (YEAR 35) HOMELESSNESS PREVENTION AND RE-HOUSING PROGRAM (HPRP) BUDGET REALLOCATING $6,600.00 TO UNITED WAY OF JACKSON COUNTY (UWJC) FOR HPRP FINANCIAL ASSISTANCE, AND $2,000.00 TO THE UNITED WAY OF JACKSON COUNTY FOR COSTS TO ADMINISTER THE GRANT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe 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: 0. Absent: Councilmember Breeding--1. 4/12/11 6
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21.5, SECTIONS 21.5-11 AND 21.5-24, CITY CODE, TO DEFINE AND ESTABLISH REQUIREMENTS FOR THE SIZE AND CONSTRUCTION OF SHINGLED ROOF SIGNS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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: 0. Absent: Councilmember Breeding—1.
B. FINAL ADOPTION OF ORDINANCE NO. 2011.06 AMENDING CHAPTER 12, SECTION 12-9, CITY CODE, ELIMINATING THE POSTING OF VIOLATIONS PROVISION AND REQUIRE A SEVEN (7) CALENDAR DAY MAILING NOTICE TO ABATE A VIOLATION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2011.06. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
OTHER BUSINESS.
A. DISCUSSION REGARDING EDUCATIONAL INFORMATION FOR THE MAY 3, 2011, SPECIAL ELECTION PROPOSAL. (POSTPONED AT THE MARCH 22, 2011, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to direct the City Manager to prepare a document for the City’s website and for publication in the Jackson Citizen Patriot. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
B. CONSIDERATION OF THE PROPOSED TAX ABATEMENT FEE INCREASES. (POSTPONED AT THE MARCH 22, 2011, CITY COUNCIL MEETING. CITY AFFAIRS AND FINANCE COMMITTEES RECOMMEND APPROVAL.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the tax abatement fee increases. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding--1.
C. CONSIDERATION OF THE APPROVAL OF THE REQUEST FROM THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS TO REJECT THE BIDS RECEIVED FROM AFFORDABLE LAWN CARE, AND SCOTTLAND YARD, FOR THE 2011 PRIVATE LOT MOWING CONTRACT, AND AUTHORIZATION TO SOLICIT NEW BIDS AT A LATER TIME. (POSTPONED AT THE MARCH 22, 2011, CITY COUNCIL MEETING.)
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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: 0. Absent: Councilmember Breeding--1.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LAND DIVISION FOR PROPERTY LOCATED AT 801 W. GANSON STREET, ACCORDING TO THE WARRANTY DEED RECORDED BY THE STATE OF MICHIGAN.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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: 0. Absent: Councilmember Breeding--1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE FOLLOWING ACTIONS REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REALLOCATION:
1. APPROVAL OF A REALLOCATION OF PROGRAM INCOME AND UNEXPENDED FUNDS IN THE AMOUNT OF $40,000.00 FROM THE IDENTIFIED ACCOUNTS;
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the reallocation of program income and unexpended funds in the amount of $40,000.00. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
2. PROVIDE ADDITIONAL FUNDING TO UNITED WAY OF JACKSON COUNTY FOR THE CENTRAL MICHIGAN 2-1-1 PROGRAM AND/OR THE SALVATION ARMY FOR UTILITY SHUTOFF PREVENTION, WITH THE STIPULATION FUNDS BE EXPENDED FOR ELIGIBLE EXPENSES BY JUNE 30, 2011, AND
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to allocate $15,000 to the United Way of Jackson, 2-1-1 and the remainder to the Salvation Army. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
3. APPROVAL OF A DRAFT RESOLUTION AMENDING THE FISCAL YEAR 2008/2009 (YEAR 34), 2009/2010 (YEAR 35), AND 2010/2011 (YEAR 36) CDBG BUDGETS WITH MODIFICATIONS MADE TO REFLECT ACTION(S) TAKEN ABOVE BEFORE BEING CERTIFIED BY THE CITY CLERK.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the resolution amending CDBG budgets for Year 34, Year 35 and Year 36, with modifications that reflect the action taken above. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe,
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Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Breeding—1.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Howe invited the Mayoral and City Council candidates to the April 16 special City Council meeting.
Councilmember Greer thanked everyone who attended his neighborhood meeting. He announced that he will be voting "yes" on the public safety proposal on the May 3 ballot and if it passes, he is committed to making a smooth transition. He also announced the MML regional meeting will be held on May 20 in East Lansing and that next year’s meeting will be in Jackson.
Councilmember Gaiser also announced he will be voting "yes" on the public safety proposal. He reminded everyone that whatever the outcome of the May 3 Election, Council must do what the voters decide upon.
Councilmember Frounfelker asked the status of the revamping of the City’s website and announced a neighborhood meeting on April 27 at 7 p.m. in the Council Chambers. He distributed to the Council handouts with goals, objectives and a proposed mission statement for their review and feedback.
Councilmember Polaczyk encouraged everyone to drive slowly and carefully now that the weather is better and more children are playing outside.
MANAGER’S COMMENTS.
City Manager Renando explained that he, not Councilmember Gaiser, requested the Police Department pay a visit to Paul Smith.
He announced that beginning May 1 the Police Department would be reduced by 10. There will be a reduction of about 15 in the Fire Department and there have been layoffs in City Hall. He explained the budget will be adopted at the 2nd meeting in May. He also remarked that public safety may not be more cost effective, but may allow for more officers on the street.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:17 p.m.
Lynn Fessel
City Clerk