CITY OF GARDEN CITY REGULAR COUNCIL MEETING MINUTES July 11, 2016 The Mayor and Council of the City of Garden City met in Regular Session on Monday, July 11, 2016, at 7:00p.m. in the Council Chambers of the Civic Center, 6000 Middlebelt, Garden City, Michigan. REGULAR MEETING Present were Mayor Walker, Councilmembers Squires, Kerwin, Lynch, King, McKarge, and Jacobs. Also present were City Manager Muery, Clerk Treasurer Bettis, City Attorney Mullinix, and Fire Chief Harman. Item #16-07-120 - Moved by Lynch; supported by Squires: RESOLVED: To approve the meeting agenda, as presented. AYES: Unanimous ABSENT: None. Community Announcements, Comments from State & County Officials, and Petitions & Communications Wayne County Commissioner Glen Anderson discussed the upcoming parks millage vote and mentioned his candidacy. Item #16-07-121 - Moved by Lynch; supported by King: RESOLVED: To approve the consent agenda, as follows: 1. 2. AYES: ABSENT: Approve Minutes of the Regular Council Meeting of June 20, 2016 Receive, note, and file the investment report for the quarter ending June 30, 2016 Unanimous None. The following items were discussed by Council as a whole: 1. 2. 3. 4. Supplemental Appropriation – Drunk Driving Caseflow Assistance Rescission of Traffic Control Orders 2016-2018 Neighborhood Stabilization Program Proposed Charter Amendments a. Mayoral Term of Office b. Councilmember Term of Office Item #16-07-122 - Moved by Squires; supported by McKarge: RESOLVED: To approve the following supplemental appropriation recognizing revenues for Drunk Driving Caseflow Assistance; increasing revenues and expenditures in the amount of $10,000.00. SUPPLEMENTAL APPROPRIATION Ordinance No. A15-008 WHEREAS, the City Manager has certified that there is available for appropriation, monies in excess of those in the current budget, and WHEREAS, additional monies are needed in various accounts, and WHEREAS, Section 5.03 of the City Charter exempts ordinances dealing with the budget, appropriations, and the levy of taxes from the requirements of other legislative enactments, and WHEREAS, these specific enactments under Section 6.09(A) are not permanent in nature and need not be compiled in the City Code: NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Garden City hereby adopts the following form for this supplemental appropriation and also for the passage of those ordinances exempt from the requirements of Section 5.03 of the City Charter: THE CITY COUNCIL OF GARDEN CITY HEREBY ORDAINS: The FY16/17 budget is hereby supplemented by appropriating the amount of $10,000.00 and authorizing the expenditure of that money in the following departments, office and agencies listed: ACCOUNT# ACCOUNT NAME Revenue: 101-655-371.000 Decrease Fund Balance - Court $ 10,000.00 Expenditure 101-136-956.200 DD Caseflow Assistance $ AYES: ABSENT: AMOUNT 10,000.00 Unanimous. None. Item #16-07-123 - Moved by Lynch; supported by Kerwin: RESOLVED: To rescind Traffic Control Orders #305 and #391 after an engineering and traffic study determined them to be obsolete and no longer reasonable. AYES: ABSENT: Unanimous. None. Item #16-07-124 - Moved by Squires; supported by King: RESOLVED: To approve the selection of Enterprising Real Estate and JSR Funding, LLC as qualified participants in the 2016-2018 Neighborhood Stabilization Program; to authorize the City Manager to exercise our right to purchase selected available commercial and residential properties for a public purpose in accordance with MCL 211.78m (1); and to authorize the City Manager to execute all documents necessary to acquire and convey the selected properties from funds received by the above participants. AYES: Unanimous. ABSENT: None. Item #16-07-125 - Moved by King; supported by Kerwin: RESOLVED: To approve the following resolution authorizing the submission of the proposed ballot language to amend Section 2.03 of the Charter of the City of Garden City to the electorate, and authorize all activities necessary to place said proposal on the November 8, 2016 ballot. RESOLUTION WHEREAS, the City of Garden City has determined that the term of the Mayor should be at least equal to the longest term of a Councilmember which is 4 years; WHEREAS, a 4 year mayoral term would provide consistency with like terms in surrounding municipalities; WHEREAS, mayoral vacancy charter provisions should also be amended; WHEREAS, section 21(1) of the Home Rule City Act (HRCA), MCL 117.21(1), authorizes a city council to adopt a resolution proposing to amend the city charter by a three-fifths vote of its members-elect, and WHEREAS, the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment[s] to be submitted to the city voters for approval at a regular election, and WHEREAS, the resolution must set forth the ballot language for the proposed charter amendment[s] and comply with section 21(2) of the HRCA, MCL 117.21(2), which requires that the ballot language for the submission to the city voters of each proposed amendment, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment, WHEREAS, the current Charter Section 2.03 reads as follows: SECTION 2.03 THE MAYOR. At each regular election, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of two years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor for the remainder of the unexpired term. WHEREAS, the City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.03 to read as follows: The Mayor shall be elected every four years. At each regular election commencing at an election scheduled for November 2017 and every four years thereafter, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of four years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor and hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). WHEREAS, the following proposed ballot language shall be submitted to the County of Wayne to be included on the ballot: Shall Section 2.03 of the Garden City Charter be amended, effective at an election scheduled for November 2017, to provide that a person elected to the office of Mayor shall be elected for a four-year term and that, in the event of a mayoral vacancy, the Mayor Pro-Tem shall hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any)? NOW, THEREFORE, BE IT RESOLVED THAT: 1. The ballot language for the amendment set forth in this Resolution to be submitted to a vote of the qualified electors of the City of Garden City, County of Wayne, Michigan, at a regular election to be held on the 8th day of November, 2016, shall be: City of Garden City PROPOSED CHARTER AMENDMENT #1 Shall Section 2.03 of the Garden City Charter be amended, effective at an election scheduled for November 2017, to provide that a person elected to the office of Mayor shall be elected for a four-year term and that, in the event of a mayoral vacancy, the Mayor Pro-Tem shall hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any)? Yes □ No □ 2. A certified copy of this Resolution shall be received and retained by the City Clerk in the manner prescribed by the revised Michigan Election Law. 3. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. AYES: Mayor Walker, Councilmembers Squires, Kerwin, Lynch, and King NAYS: Councilmembers McKarge and Jacobs ABSENT: None. Motion passes. Item #16-07-126 - Moved by Kerwin; supported by King: RESOLVED: To approve the following resolution authorizing the submission of the proposed ballot language to amend Section 2.05 of the Charter of the City of Garden City to the electorate, and authorize all activities necessary to place said proposal on the November 8, 2016 ballot. RESOLUTION WHEREAS, the City of Garden City has determined that it would benefit from the uniformity, institutional knowledge, and consistency provided by uniform, four-year Council member terms and twoyear election cycles for same; WHEREAS, section 21(1) of the Home Rule City Act (HRCA), MCL 117.21(1), authorizes a city council to adopt a resolution proposing to amend the city charter by a three-fifths vote of its members-elect, and WHEREAS, the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment[s] to be submitted to the city voters for approval at a regular election, and WHEREAS, the resolution must set forth the ballot language for the proposed charter amendment[s] and comply with section 21(2) of the HRCA, MCL 117.21(2), which requires that the ballot language for the submission to the city voters of each proposed amendment, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment, WHEREAS, the current Charter Section 2.05 reads as follows: SECTION 2.05 TERM OF OFFICE. Four Council members shall be elected every two years. The two candidates receiving the largest number of votes shall be elected to four-year terms. The candidates receiving the third and fourth largest number of votes shall be elected to two-year terms. WHEREAS, the City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.05 to read as follows: SECTION 2.05 TERM OF OFFICE. Commencing at an election scheduled for November 2019, all Council members shall be elected for four-year terms. Council member elections shall take place every two years. Council member election cycles shall be staggered. The two candidates receiving the largest number of votes in an election scheduled for November 2017 shall be elected to four-year terms. The remaining candidates in the November 2017 election shall be elected to two-year terms. Thereafter, commencing at an election scheduled for November 2019 terms for all Council members shall be four-years. WHEREAS, the following proposed ballot language shall be submitted to the County of Wayne to be included on the ballot: Shall Section 2.05 of the Garden City Charter be amended to provide that all Council members shall be elected for four-year terms commencing at an election scheduled for November 2019 and with Council member elections staggered every two years thereafter? NOW, THEREFORE, BE IT RESOLVED THAT: 1. The ballot language for the amendment set forth in this Resolution to be submitted to a vote of the qualified electors of the City of Garden City, County of Wayne, Michigan, at a regular election to be held on the 8th day of November, 2016, shall be: City of Garden City PROPOSED CHARTER AMENDMENT #2 Shall Section 2.05 of the Garden City Charter be amended to provide that all Council members shall be elected for four-year terms commencing at an election scheduled for November 2019 and with Council member elections staggered every two years thereafter? Yes □ No □ 2. A certified copy of this Resolution shall be received and retained by the City Clerk in the manner prescribed by the revised Michigan Election Law. 3. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. AYES: Mayor Walker, Councilmembers Squires, Kerwin, Lynch, and King NAYS: Councilmembers McKarge and Jacobs ABSENT: None. Motion passes. Mayor Walker announced it was time for public comment. Mike Jones, Garden City, commented on a new business and the Autos for Autism event, as well as other upcoming events. There being no further business before Council, the meeting was then adjourned. ALLYSON M. BETTIS City Clerk/Treasurer
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