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JACKSON CITY COUNCIL MEETING

MINUTES

NOVEMBER 15, 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 Howe.

ROLL CALL.

Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Andrew R. Frounfelker and John R. Polaczyk—6. Absent with excuse: Councilmember Kenneth E. Gaiser—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, Deputy City Manager/Community Development Director Patrick Burtch and Interim Deputy Fire Chief Dave Wooden.

AGENDA.

Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the Agenda, as amended, adding a report from the Rules and Personnel Committee, deleting Item B under Resolutions and deleting Items A and E under New Business. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

CITIZEN COMMENTS.

Gerald Montgomery spoke in opposition to the construction of a photovoltaic field at the Wastewater Treatment Plant.

John Wilson asked the Council to postpone consideration of the construction of a photovoltaic field and allow the next Council to study and debate the issue. He asked if Council goes ahead with this project, can $1M from the Sewer Fund be spent on City neighborhood streets. 11/15/11 2

Mack Quarrels, Jr. offered congratulations to the newly elected officials and thanked everyone who supported him. He asked the current Council to offer their assistance to the new officials.

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, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

Consent Calendar

A. Approval of the minutes of the regular City Council meeting of October 25, 2011.

B. Approval of the request from St. Johns United Church of Christ – Eve on the Ave 5K Run/Walk on downtown streets Tuesday, December 31, 2011, from 9:30 p.m. to 11:00 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.)

C. Receipt of a Summons and Complaint filed in 12th District Court by Patrick Hoxie v. City of Jackson, and referral to the City Attorney for appropriate action.

D. Receipt of the Dangerous Building Report through October 31, 2011.

E. Receipt of the City Engineer’s report for street construction on Ganson Street from Center Street to Steward Avenue, and establishment of November 29, 2011, at the City Council meeting as the time and place to hold a public hearing of necessity.

F. Receipt of the City Engineer’s report for street construction on Ganson Street from Steward Avenue to Jackson Street, and establishment of November 29, 2011, at the City Council meeting as the time and place to hold a public hearing of necessity.

G. Receipt of the City Engineer’s report for street construction on Ganson Street from Wisner Street to Center Street, and establishment of November 29, 2011, at the City Council meeting as the time and place to hold a public hearing of necessity.

COMMITTEE REPORTS.

Councilmember Frounfelker, Chair of the Rules and Personnel Committee, gave a verbal report of the Committee’s earlier meeting (November 15, 6:15 p.m.). The Committee voted (3-0) to recommend to the Council the adoption of the resolution adopting the 80/20 cost sharing model for health insurance. The Committee discussed with the City Assessor, City Attorney and City Clerk their contracts and possible step increases to align with non-union and union employees. On a vote of 2-1, for the Assessor, Attorney and Clerk, the Committee recommended bringing proposed step increases forward to the Council on November 29.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1. 11/15/11 3

APPOINTMENTS.

None.

PUBLIC HEARINGS.

None.

RESOLUTIONS.

A. CONSIDERATION OF A RESOLUTION ADOPTING THE 80/20 COST SHARING MODEL AS SET FORTH IN SECTION 4 OF THE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTION ACT, ACT NO. 152 OF THE MICHIGAN PUBLIC ACTS OF 2011.

Motion was made by Councilmember Howe 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, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

B. ITEM DELETED.

ORDINANCES.

None.

OTHER BUSINESS.

A. CONSIDERATION OF THE REQUEST TO APPROVE AN ENGINEERING PROPOSAL FROM ARCADIS U.S., INC., TOLEDO, OH, FOR DESIGN AND CONSTRUCTION SERVICES FOR THE REPLACEMENT OF THE PAKA PLAZA (JACKSON CROSSING) SANITARY SEWER LIFT STATION IN THE AMOUNT OF $35,009.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT. (POSTPONED AT THE OCTOBER 25, 2011, CITY COUNCIL MEETING.)

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, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

NEW BUSINESS.

A. ITEM DELETED.

B. CONSIDERATION OF THE REQUEST TO APPROVE THE AGREEMENT FOR SERVICE WITH CONSUMERS ENERGY FOR THE EXPERIMENTAL AVANCED RENEWABLE PROGRAM (EARP), ALLOWING FOR THE CITY TO CONSTRUCT A 150 KW PHOTOVOLTAIC FIELD AT THE WASTEWATER TREATMENT PLANT AND SELL THE ENERGY CREATED BACK TO CONSUMERS ENERGY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE

11/15/11 4

THE APPROPRIATE CONTRACT DOCUMENT(S), AND FOR THE CITY ATTORNEY TO MAKE ANY MINOR MODIFICATIONS NECESSARY.

Motion was made by Councilmember Howe and seconded by Councilmember Breeding to postpone consideration of this matter until the new Council is seated. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Howe—2. Nays: Mayor Dunigan and Councilmembers Greer, Frounfelker and Polaczyk—4. Absent: Councilmember Gaiser—1.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Polaczyk—4. Nays: Councilmember Breeding—1. Abstain: Councilmember Frounfelker—1. Absent: Councilmember Gaiser—1.

C. CONSIDERATION OF THE REQUEST TO APPROVE THE TERMINATION OF THE LEASE AGREEMENT BETWEEN THE CITY AND KUHL INVESTMENT COMPANY, LLC, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT TO TERMINATE LEASE AGREEMENT, AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT TO TERMINATE LEASE AGREEMENT, IF NEEDED, AND TO TAKE ALL OTHER ACTION NECESSARY TO TERMINATE THE LEASE.

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, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

D. CONSIDERATION OF THE REQUEST FOR THE APPROVAL OF CONTRACT AWARDS FOR DIVISION I TREE TRIMMING AND REMOVAL IN THE AMOUNT OF $43,250.00, AND DIVISION III EMERGENCY TRIMMING AND TREE REMOVAL IN THE AMOUNT OF $10,140.00 TO LONNIE’S HAULING AND TREE SERVICE, JACKSON, AND DIVISION II FULL BLOCK TRIMMING IN THE AMOUNT OF $8,600.00 TO WONSEY TREE SERVICE, ALMA, MI, AND FOR THE CITY COUNCIL TO WAIVE THE MINOR IRREGULARITY IN THE BID PAGES FOR LONNIE’S HAULING AND TREE SERVICE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT, AND THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to divide the question. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Gaiser—1.

Motion was made by Councilmember Greer and seconded by Councilmember Howe to award Division I Trimming and Removal to Lonnie’s Hauling and Tree Service. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmember Breeding—1. Absent: Councilmember Gaiser—1. 11/15/11 5

Motion was made by Councilmember Greer and seconded by Councilmember Howe to award Division II Full Block Trimming to Lonnie’s Hauling and Tree Service because their bid is less than 4% higher than the lowest bid, it is a responsive bid and they are a local contractor. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Polaczyk—4. Nays: Councilmembers Breeding and Frounfelker—2. Absent: Councilmember Gaiser—1.

Motion was made by Councilmember Greer and seconded by Councilmember Howe to award Division III Emergency Trimming and Tree Removal to Lonnie’s Hauling and Tree Service. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmember Breeding—1. Absent: Councilmember Gaiser—1.

E. ITEM DELETED.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Breeding discussed that the Police Chief was also appointed Fire Chief during Mr. Renando’s tenure and asked the City Manager to explore the possibility of returning the Police/Fire Chief position to Police Chief and naming a new Fire Chief. He also requested staff to review the Consumers Energy agreement, which brought about their new building, and provide sometime in the future an update/status report on what is owed by them and by the City.

Councilmember Greer congratulated all of the officials who won in the November 8 General Election and thanked all of the candidates for running for office, which takes a lot of courage and caring. He announced a public meeting on November 17 at 6:30 p.m. in the administrative office at the Jackson County Fairgrounds regarding the 2012 Ganson Street reconstruction project.

Councilmember Frounfelker asked staff to examine our City contracts, bring them up to date and eliminate unnecessary language and bring them to Council for review.

Councilmember Polaczyk agreed with Councilmember Breeding regarding the Police and Fire Chief positions and would like to see that matter on the November 29 Council agenda.

MANAGER’S COMMENTS.

City Manager Shaffer invited everyone to view the map at the back of the Chambers, which shows where the photovoltaic cells will be constructed at the Wastewater Treatment Plant.

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 7:34 p.m.

Lynn Fessel

City Clerk