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JACKSON CITY COUNCIL MEETING
MINUTES
SEPTEMBER 28, 2010
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 Greer.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—6. Absent with excuse: Councilmember Robert B. Howe—1.
Also Present: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, Finance Director Philip Hones, City Assessor David Taylor, City Engineer Jon Dowling, Police Chief Matt Heins and Fire Chief Mike Beyerstedt.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe--1.
CITIZEN COMMENTS.
Robin Walker gave some recent examples of injuries and then asked Council to focus on the problem of violent dogs in our community.
Patricia Rayl introduced herself as a candidate for County Commission District 7.
Bill Maher expressed his displeasure with reconstruction of Wildwood Avenue and how it affects traffic flow.
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John Wilson stated that the City continues to spend money on non-essential, discretionary projects and programs in times of financial hardship.
Jessica Probelski, Deanna Ekin, Tamara Johnson, Kimberly Jaquish, Carol Palmer and Arlene
Roberts all spoke in opposition to the closing of fire stations.
Thomas Trent Harris asked the Council to support the request from The Jackson College of Arts & Design Initiative for recognition as the Mayor’s Blue Ribbon Committee.
Andrew Wrozek, Jr., Brad Williams and Mark Stanton all spoke in favor of amending the Burning Ordinance.
Kathleen Conley, HRC Chair, encouraged the Council to appoint Derek Dobies to the HRC and spoke in favor of amending the Burning Ordinance.
PRESENTATIONS/PROCLAMATIONS.
A.
MAYOR’S PRESENTATION OF A SPECIAL TRIBUTE TO GERRY CALLISON, FOR HIS WINNING ESSAY, “WHY I MOVED TO MICHIGAN,” IN THE PURE MICHIGAN CONTEST ESSAY, 2010 MSHDA EMERGING CITY SUMMIT.
Mr. Callison read his award-winning essay. Mayor Dunigan presented him with the special tribute.
B.
CONSIDERATION OF A RESOLUTION URGING THE U.S. DEPARTMENT OF DEFENSE TO SELECT BOEING TO BUILD THE AIR FORCE’S NEXT GENERATION OF AERIAL REFUELING TANKERS IN JACKSON, MICHIGAN.
1.
PRESENTATION OF THE RESOLUTION TO MS. KALI FOX, REGIONAL
MANAGER/ASSISTANT TO SENATOR DEBBIE STABENOW.
Mayor Dunigan read the resolution and presented it to Ms. Kali Fox.
C.
PRESENTATION BY VIC COOPERWASSER, TETRA TECH, REGARDING THE CITY OF JACKSON STORM WATER UTILITY FEASIBILITY STUDY.
Mr. Cooperwasser discussed NPDES permit compliance, what a Storm Water Utility is, the Study results, the Utility budget and its benefits, billing matters, projected rates, estimated revenue and the implementation schedule.
1.
CONSIDERATION OF THE ADOPTION OF THE STORM WATER UTILITY, AND AWARD OF A CONTRACT TO TETRA TECH IN THE AMOUNT OF $50,500.00, FOR THE IMPLEMENTATION ASSISTANCE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
Motion was made by Councilmember Gaiser and seconded by Councilmember Frounfelker to postpone consideration of this matter until all Councilmembers are present. The motion was lost due to the following tie vote. Yeas: Councilmembers Breeding, Gaiser and Frounfelker—3. Nays: Mayor Dunigan and Councilmembers Greer and Polaczyk—3. Absent: Councilmember Howe—1.
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Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the creation of a Storm Water Utility and award a contract to Tetra Tech for implementation assistance. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Greer, Frounfelker and Polaczyk—4. Nays: Councilmembers Breeding and Gaiser—2. Absent: Councilmember Howe—1.
D.
CITY MANAGER’S PRESENTATION REGARDING HIS PROPOSAL FOR COST SAVINGS, DEPARTMENTAL REORGANIZATION, AND PUBLIC SAFETY OPTIONS.
City Manager Renando discussed the 5-Year General Fund summary of revenue, expenditures and changes in Fund Balance, including a consistent fall in revenue, the latest information on revenue sharing, projections of a slight increase in income tax, expenditures and the decrease in fund balance. He presented several budget scenarios and stated he would like to control our “contraction.” A brief question and answer period followed.
Council recessed at 8:36 p.m. and reconvened at 8:47 p.m.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe--1. Consent Calendar
A.
Approval of the minutes of the regular City Council meeting of September 14, 2010.
B.
Approval of the request from Church World Services to conduct their annual CROP Walk on Sunday, October 10, 2010, from 1:00 to 5:00 p.m., on City sidewalks near Trinity United Methodist Church (no street closures requested). (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments. Proper insurance coverage received and approved.)
C.
Approval of Final Change Order No. 1, to the contract with Jules Swartz and Sons Excavating, Inc., in the increased amount of $45,131.67, for additional items not included in the original contract for the Monroe Street Water Main and Sanitary Sewer Replacement project, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
D.
Approval of the contract award to Great Lakes Engineering Group, LLC, Lansing, at their bid of $19,820.00, for the 2010 Bridge Consulting Services Contract, and authorization for the City Clerk and City Manager to execute the appropriate document(s), in accordance with the recommendation of the Purchasing Agent and the City Engineer.
E.
Receipt of a Summons and Complaint filed by Joyce Lowder v. City, and referral to the City Attorney for appropriate action.
F.
Receipt of CDBG Financial Summary Report through August 31, 2010.
G.
Receipt of the City of Jackson’s summary of revenue and expenditures for twelve (12) months ended, June 30, 2010 (pre-audit).
H.
Receipt of the City of Jackson’s summary of revenue and expenditures for two (2) months ended, August 31, 2010.
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I.
Establishment of October 12, 2010, at the City Council meeting as the time and place to hold a public hearing to receive comments for the submittal of a United States Environmental Protection Agency (EPA) Site Assessment Grant application for hazardous substances.
COMMITTEE REPORTS.
A.
RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
APPOINTMENTS.
A.
APPROVAL OF THE MAYOR’S RECOMMENDATION, IN CONCURRENCE WITH THE HUMAN RELATIONS COMMISSION’S RECOMMENDATION, TO APPOINT DEREK DOBIES TO THE HUMAN RELATIONS COMMISSION TO A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2012.
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, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
B.
APPROVAL OF THE MAYOR’S RECOMMENDATION, IN CONCURRENCE WITH THE DOWNTOWN DEVELOPMENT AUTHORITY, TO APPOINT KYLE HUNTOON TO THE DOWNTOWN DEVELOPMENT AUTHORITY TO A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2012.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
C.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT SHEILA PATTERSON TO THE CIVIL SERVICE COMMISSION BEGINNING IMMEDIATELY AND ENDING AUGUST 31, 2012, AND TERESSA DELPH, BEGINNING IMMDEDIATELY, AND ENDING AUGUST 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, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
PUBLIC HEARINGS.
A.
PUBLIC HEARING ON AN APPLICATION FOR AN INDUSTRIAL FACILITIES TAX EXEMPTION CERTIFICATE FILED BY TECHNIQUE, INC., 2341
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ENTERPRISE DRIVE. (CITY AFFAIRS COMMITTEE RECOMMENDS APPROVAL.)
Mayor Dunigan opened the public hearing. No one spoke. The Mayor closed the public hearing.
1.
RESOLUTION APPROVING THE APPLICATION. (CITY AFFAIRS COMMITTEE RECOMMENDS APPROVAL.)
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
B.
PUBLIC HEARING TO RECEIVE CITIZEN COMMENT ON THE CITY’S PERFORMANCE IN ADMINISTERING 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
Mayor Dunigan opened the public hearing. No one spoke. The Mayor closed the public hearing.
1.
AUTHORIZATION TO SUBMIT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY THE DEADLINE OF SEPTEMBER 30, 2010.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to authorize submission of the Consolidated Annual Performance and Evaluation Report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
RESOLUTIONS.
A.
CONSIDERATION OF A RESOLUTION ESTABLISHING HALLOWEEN HOURS BETWEEN 6:00 AND 8:00 P.M. ON SATURDAY, OCTOBER 30, 2010.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
B.
CONSIDERATION OF A RESOLUTION HONORING THE CELEBRATION OF THE 100TH ANNIVERSARY OF THE CONSUMERS ENERGY COMPANY’S TRAIL STREET LABORATORY. (RESOLUTION TO BE PRESENTED AT EVENT.)
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 Greer, Gaiser, Frounfelker and Polaczyk—5. Nays: 0. Abstain: Councilmember Breeding—1. Absent: Councilmember Howe—1.
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ORDINANCES.
A.
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-4, CITY CODE, IDENTIFYING THE CITY MANAGER’S RESPONSIBILITY FOR PREPARING CITY COUNCIL AGENDAS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the ordinance and place it on the next Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
B.
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-53, SECTION F-403.0, CITY CODE, PROVIDING FOR THE OPEN BURNING OF WOOD-BASED PRODUCTS IN OUTDOOR-BURNING DEVICES. (CITY AFFAIRS COMMITTEE RECOMMENDS NOT AMENDING THE ORDINANCE.)
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to concur with the City Affairs Committee recommendation. The motion FAILED adoption by the following vote. Yeas: Councilmember Breeding—1. Nays: Mayor Dunigan and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk—5. Absent: Councilmember Howe—1.
Motion was made by Councilmember Gaiser and seconded by Councilmember Frounfelker to approve the ordinance and place it on the next Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
NEW BUSINESS.
A.
CONSIDERATION OF THE REQUEST BY THE JACKSON COLLEGE OF ARTS & DESIGN (JCAD) INITIATIVE FOR RECOGNITION BY THE CITY OF JACKSON AS THE “MAYOR’S BLUE RIBBON COMMITTEE” TO BRING A COLLEGE OF ARTS AND DESIGN TO DOWNTOWN JACKSON.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk—5. Nays: Councilmember Breeding—1. Absent: Councilmember Howe—1.
B.
CONSIDERATION OF THE REQUEST TO AUTHORIZE THE MAYOR TO EXECUTE THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT AMENDMENTS #5 THROUGH #9, AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT IF NECESSARY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor
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Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.
CITY COUNCILMEMBERS’ COMMENTS. Councilmember Greer reported he received a couple of phone calls regarding poor audio during Council meetings. Councilmember Gaiser announced he will hold a 4th Ward Neighborhood meeting on October 4 at 7:00 p.m. in the Council Chambers. Councilmember Frounfelker inquired if the Parks and Recreation Department has looked into the possibility of obtaining sponsorships or naming rights or adding some private enterprises in the Park. Councilmember Polaczyk sent his prayers to the Mayor and her family and well wishes to Councilmember Howe. He confirmed with the City Attorney that the current burning ordinance is in effect until the amending ordinance takes effect, which is 30 days after adoption. Mayor Dunigan thanked everyone for their attendance tonight and especially the ladies from the neighborhood watch group. The Mayor also thanked Teressa Delph for her service to the City. She also remarked that she, too, has a fireplace in her backyard.
MANAGER’S COMMENTS.
City Manager Renando announced that reorganization in the Engineering and Water Departments will begin tomorrow.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:22 p.m.
Lynn Fessel
City Clerk