JACKSON CITY COUNCIL MEETING
MINUTES
SEPTEMBER 27, 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 Gaiser.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—6. Absent: Councilmember Daniel P. Greer--1.
Also Present: City Manager Laurence Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Police Chief Matt Heins, City Engineer Jon Dowling and Deputy City Manager/Community Development Director Patrick Burtch.
AGENDA.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
CITIZEN COMMENTS.
Dennis Houghton from Prolime Corporation explained his company is in full compliance with Addendum #2 to the spent lime sludge removal bid and is looking forward to doing business with the City of Jackson.
Frances Reeves, McCulloch Academy Principal, thanked Police Chief Matt Heins and his officers for teaching her children how to be safe. She supports the City’s Police and Fire Departments and is very concerned with the budget cuts and for the safety of our children. 9/27/11 2
Lee Roy Brown asked if something could please be done to help eliminate the dust from the construction of Mason and Wilkins Streets.
John Wilson spoke in opposition to Councilmember travel expenses, noting that the computers provided to Councilmembers can provide any information regarding municipal government that is needed to make informed decisions.
Laura Schlecte thanked Mayor Dunigan, City Manager Shaffer and Deputy City Manager Burtch for attending the Landlords Association meeting. She also encouraged the Council to approve the purchase agreement for 941 S. Jackson Street.
Gerald Montgomery stated he feels it is alright for Councilmember Greer to attend the Michigan Municipal League Conference, but every penny spent should be accounted for. He also asked why an out-of-town company was used for the Mechanic Street brick paving evaluation.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Councilmember Polaczyk requested Item G be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the following Consent Calendar, with Item G removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of September 13, 2011.
B. Approval of the request from Church World Services to conduct the Jackson Area CROP Hunger Walk on the sidewalks in downtown Jackson on Sunday, October 9, 2011, from 1:00 p.m. to 4:00 p.m. (This event is pending approval and economic impact cost from the Engineering Department. Approvals have been received from the Police, Fire, Parks, and Public Works Departments, and the Downtown Development Authority. Special event insurance has been received.)
C. Approval of the request from Jackson Public Schools to conduct the JPS Homecoming Parade throughout the surrounding streets on Friday, October 14, 2011, at 6:00 p.m. (Due to late submission this event is pending approval and economic impact cost from Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
D. Approval of the request from the Jackson County Veteran’s Council to conduct the Veteran’s Day Memorial at Withington Park on Friday, November 11, 2011, from 11:00 a.m. to 12:00 p.m. (Recommended approval has been received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
E. Approval of the request from The Salvation Army to conduct the Christmas Kettle Campaign at various downtown locations November 11 – December 24, 2011. (Recommended approval has been received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
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F. Approval of Traffic Control Order Nos. (TCOs) 2094 and 2095, installing no parking zones on the north and south sides of Maguire Street near Elm and Orange Streets, and the east and west sides of Orange Street near North and Maguire Streets.
G. Removed for separate consideration.
H. Receipt of the Dangerous Building Report through August 2011.
I. Receipt of CDBG and HOME Financial Summaries through August 31, 2011.
J. Receipt of the City of Jackson’s summary of revenue and expenditures for twelve (12) months ended, June 30, 2011. (Pre-audit)
K. Receipt of the City of Jackson’s summary of revenue and expenditures for two (2) months ended, August 31, 2011.
CONSENT CALENDAR ITEM G.
Receipt with regret the resignation of John H. Guidinger from the City Planning Commission.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to receive the resignation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
Councilmember Polaczyk recognized and thanked Mr. Guidinger for his many years of uncompensated service on the City Planning Commission.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to receive the City Affairs Committee report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT BILL BENEDETTO AND PAUL A. MCWALTERS TO THE BUILDING CODE BOARD OF APPEALS, FOR A THREE-YEAR TERM EACH BEGINNING OCTOBER 14, 2011, AND ENDING OCTOBER 13, 2014.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Mayor’s recommendation.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to divide the question.
Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to approve the recommendation to reappoint Bill Benedetto. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1. 9/27/11 4
Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to postpone consideration of the reappointment of Paul McWalters until his voter registration is clarified. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY ACCUBILT, INC., LOCATED AT 2365 RESEARCH DRIVE.
Mayor Dunigan opened the public hearing. AccuBilt, Inc. President Rob Rooney spoke in support of his Company’s request for an Industrial Facilities Exemption Certificate (IFEC) and extension of their Tool & Die Renaissance Recovery Zone. He explained that they have twenty employees, they are growing and they will continue to grow. Cunningham Construction President Kip Cunningham also spoke in support of this IFEC, stating they are using all local contractors. The Enterprise Group Vice President of Economic Development Amy Torres asked the Council to support the IFEC and the Tool & Die Renaissance Recovery Zone extension. The Mayor closed the public hearing.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to concur with the City Affairs Committee recommendation and adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
B. PUBLIC HEARING TO RECEIVE CITIZEN COMMENT ON THE CITY’S PERFORMANCE IN ADMINISTERING 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
Mayor Dunigan opened the public hearing. John Wilson inquired if 2011-2012 CDBG funds could be used to demolish the old Consumers Energy Building or for reconstruction of local streets. The Mayor closed the public hearing.
PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
Motion was made by Mayor Dunigan and seconded by Councilmember Polaczyk to authorize the submission of the CAPER to HUD. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
RESOLUTIONS. 9/27/11 5
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2011-2012 BUDGET TO REFLECT THE RECEIPT OF THE BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUND, IN THE AMOUNT OF $29,343.00.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
B. CONSIDERATION OF A RESOLUTION AMENDING THE 2011-2012 BUDGET TO REFLECT RECEIPT OF THE DRIVE MICHIGAN SAFELY TASK FORCE GRANT IN THE AMOUNT OF $12,000.00.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
C. CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NO. 2-004900 FROM SPECIAL ASSESSMENT ROLL NO. 4201, CONFIRMED ON JULY 19, 2011.
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, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
D. CONSIDERATION OF A RESOLUTION RECOGNIZING JACKSON COMMUNITY FOOD PANTRY AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
E. CONSIDERATION OF A RESOLUTION REQUESTING THE EXTENSION OF A TOOL & DIE RENAISSANCE RECOVERY ZONE (MICHIGAN RENAISSANCE ZONE PROGRAM) FOR ACCUBILT, INC., PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF ACT 376 OF THE PUBLIC ACTS OF THE STATE OF MICHIGAN OF 1996, AS AMENDED.
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, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
ORDINANCES.
None. 9/27/11 6
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE A PURCHASE ORDER TO CARGILL, INC, NORTH OLMSTED, OHIO, AT THEIR BID PRICE OF $41.65 PER TON FOR ROAD SALT FOR AN ESTIMATED QUANTITY OF $4,000 TONS AT A COST OF $166,600.00, IN CONJUNCTION WITH THE JACKSON COUNTY ROAD COMMISSION PURCHASE, AND AUTHORIZATION FOR THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS TO SIGN THE PURCHASE ORDER.
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 Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer—1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID FROM PROLIME, WASHINGTON, MICHIGAN, FOR SPENT LIME SLUDGE REMOVAL IN THE AMOUNT OF $11.88 PER CUBIC YARD FOR AN ANTICIPATED TOTAL PROJECT COST OF $237,600.00, WITH THE CITY COUNCIL WAIVING THE MINOR IRREGULARITY OF ADDENDUM #2 NOT BEING ATTACHED, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PROPOSED LETTER OF AGREEMENT BETWEEN THE CITY AND THE POLICE OFFICERS LABOR COUNCIL SUPERVISORY UNIT (POLC-S) EXTENDING THE COLLECTIVE BARGAINING AGREEMENT TO DECEMBER 31, 2011.
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 Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
D. CONSIDERATION OF THE REQUEST TO ACCEPT THE OFFER TO SELL THE PROPERTY LOCATED AT 941 S. JACKSON STREET FOR THE AMOUNT OF $12,000.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE DEED, FOR THE DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE TO SIGN ANY REQUIRED DOCUMENTS AT CLOSING, AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE CLOSING DOCUMENTS AND TO TAKE ALL OTHER ACTION.
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Motion was made by Councilmember Breeding and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Greer--1.
E. CONSIDERATION OF THE REQUEST FROM CITY COUNCILMEMBER CARL L. BREEDING TO ALLOCATE $1,000.00 TOWARD TRAVEL EXPENSES FOR A TRIP TO THE ANNUAL NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES EXPOSITION, PHOENIX, ARIZONA, NOVEMBER 10-12, 2011. (CITY IS NOT CURRENTLY A MEMBER.)
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Gaiser, and Polaczyk—4. Nays: Mayor Dunigan and Councilmember Frounfelker--2. Absent: Councilmember Greer--1.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Breeding requested an answer to Gerald Montgomery’s inquiry about Mechanic Street. He also noted that it took 18 minutes to download this agenda packet. He also asked why the Mason and Wilkins Street project is taking so long, commenting that it appears that the contractors are merely storing their equipment there.
Councilmember Frounfelker requested an update in the near future on labor agreements/negotiations. He agreed with Councilmember Polaczyk’s remark that Councilmember Breeding brings back very detailed information from conferences and he is looking forward to his report from the NLC conference.
Councilmember Polaczyk requested information on the status of the house at Morrell and First Streets.
Mayor Dunigan announced there will be a presentation at the October 11, 2011, City Council meeting by the City Manager and Deputy City Manager on the neighborhood preservation program they have developed.
MANAGER’S COMMENTS.
City Manager Shaffer will provide a status report on the demolition of the house at Morrell and First Streets, the Mechanic Street brick paving evaluation and the Mason/Wilkins Street project.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:38 p.m.
Lynn Fessel
City Clerk