JACKSON CITY COUNCIL MEETING
MINUTES
OCTOBER 12, 2010
CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:03 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, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—7. Absent: none.
Also Present: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, City Engineer Jon Dowling, Police Chief Matt Heins, Fire Chief Mike Beyerstedt and Community Development Director Carol Konieczki.
AGENDA.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to delete Item 6, presentation by the City Manager, from the agenda.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to postpone this presentation. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer and Polaczyk—4. Nays: Mayor Dunigan and Councilmembers Gaiser and Frounfelker--3. Absent: 0.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0. 10/12/10 2
Councilmember Gaiser requested that the City Manager inquire into the various charter amendments that are being sought by "whomever" and make some sort of a presentation to the Council, so that Council can vote on it at the next meeting.
CITIZEN COMMENTS.
John Wilson discussed the renewal of funding to the Enterprise Group, asking if it is allowed by law to take the money from the Water and Sewer Funds.
Kim Hastings talked about the importance of arts education in Jackson and urged the Council to invest in the arts because the arts make communities vibrant.
Bill Worth, Jr. praised the redesign of Brown Street, stating it is now safer and traffic is moving more slowly.
Scott TenBrink also praised the redesign of Brown Street and asked Council to consider planning for expansion of a farmers market, increasing volume and diversity.
Richard Strunk gave a brief history of the ward system in the City and advocated that we let citizens get signatures and if there is enough interest in changing our current wards, the matter can be placed on a ballot. He also discussed the history of the City Treasurer’s position.
Jay Cummings and Jon Hart both spoke in favor of the City’s current ward system.
James Tuttle asked the Council to not dismiss the option of public safety.
Laurie Lewis asked that the entire budget be looked at, especially the non-essential items, before cutting Police and Fire positions.
Carrie Meadows and Tracy Bergstrom shared some crime statistics and told the Council that the City needs more Police officers and not less.
Kim Jaquish asked the Council if the City has applied for grants to fund police and fire personnel. She reported that the Eastside Neighborhood Watch Group is still gathering signatures of citizens wishing to save the fire stations and police personnel.
Tom Mijal and Michelle LaVoy Foster both spoke in support of farmers markets.
Jonathan Williams spoke in support of the Intergovernmental Agreement with the County for provision of Human Resource functions. He remarked that the County is willing to work with the City on the farmers market and better communication of the changes to Brown Street, before they took place, would have been helpful.
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION BY THE CITY MANAGER ON VARIOUS PROPOSED CITY CHARTER AMENDMENTS.
The presentation was postponed when the agenda was adopted. 10/12/10 3
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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of September 28, 2010.
B. Approval of the request from Dawn Gibson Crawford to hold a Crisis Community Event, "No Snitch Policy," at Bucky Harris Park on Saturday, October 30, 2010, from 1:00 to 5:00 p.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Continent upon receipt of proper insurance coverage.)
C. Approval of the request from the Jackson County Veteran’s Council to close First Street from Michigan Avenue to Wildwood, conduct the annual Veteran’s Day Ceremony and Memorial Service at Withington Park on Thursday, November 11, 2010, from 11:00 a.m. to 12:00 p.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, Engineering Departments, and the Downtown Development Authority. Contingent upon execution of a Hold Harmless Agreement, in lieu of insurance coverage.)
D. Approval of the request from the Salvation Army to conduct its annual Christmas Kettle Campaign within the City of Jackson, beginning Friday, November 12, through Friday, December 24, 2010, from 7:00 a.m. to 8:00 p.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon execution of a Hold Harmless Agreement in lieu of receipt of insurance.)
E. Approval of the request from the Downtown Development Authority to conduct the Holiday DDA Day in downtown Jackson and Bucky Harris Park on Saturday, November 20, 2010, from 11:00 a.m. to 2:00 p.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. The DDA is covered under the City’s insurance policy.)
F. Approval of the request from the Kiwanis Club of Jackson to hold their Annual Kiwanis Newspaper Sale on City streets on Friday, December 10, 2010, beginning at 6:30 a.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
G. Approval of Traffic Control Order (TCO) No. 2073, allowing perpendicular parking on the east and west sides of Mechanic Street from the south curb line of Armory Court to 105 feet north of the south curb line of Armory Court, with the exception of in front of driveways.
H. Approval of Traffic Control Order (TCO) No. 2074, prohibiting parking on the north side of East Pearl Street from 150 feet east of State Street to State Street, and rescinding TCO No. 1895B.
I. Approval of Change Order No. 1, with Alpine Engineering, Inc., Novi, to the 2010 Topographic Mapping Services contract, in the increased amount of $7,700.00, for additional professional surveying services, and authorization for the City Engineer and City Manager to execute the appropriate document(s).
J. Approval of the request to rescind the Offer to Purchase, dated August 3, 2010, for a City-owned vacant lot located at 261 Griswold, (Stencil 4-1840), approval of a new Offer to Purchase, dated October 4, 2010, for the stated sum of $1,550.00, waive the requirement for a development agreement conditioned upon the homeowner’s combining this parcel with their
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current property with a closing date on or before December 15, 2010, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to minor modifications by the City Attorney.
K. Approval of the request to approve the bid award to Alpha & Omega Construction, in the amount of $25,119.00, to rehabilitate the owner-occupied Community Development Rehabilitation project at 741 Woodlawn, in accordance with the recommendation of the Community Development Director.
L. Approval of the request for expenditures from the funding previously approved and reserved for World Changers/Mission Serve, and fund material purchases for these projects referred to as Jackson Neighborhood Changers Projects.
M. Establishment of October 26, 2010, at the City Council meeting as the time and place to hold public hearings on the applications filed by Refrigeration Sales for a new Industrial Facilities Tax Exemption Certificate and to transfer Certificate Nos. 2007-500 and 2010-071 to 1810 E. High Street, and referral to the City Affairs Committee for a recommendation.
COMMITTEE REPORTS.
A. RECEIPT OF THE RULES AND PERSONNEL COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation from the Rules and Personnel Committee to extend the City Attorney’s Employment Agreement. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Frounfelker and Polaczyk—4. Nays: Mayor Dunigan and Councilmembers Breeding and Gaiser—3. Absent: 0.
A. CONSIDERATION OF A RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO ALLOW THE CITY ATTORNEY TO CARRY OVER AN ADDITIONAL 40 HOURS OF VACATION.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation from the Rules and Personnel Committee to allow the City Attorney to carry over an additional 40 hours of vacation. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Mayor Dunigan—1. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation from the Rules and Personnel Committee to 10/12/10 5
extend the City Assessor’s Employment Agreement. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Frounfelker and Polaczyk—4. Nays: Mayor Dunigan and Councilmembers Breeding and Gaiser—3. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation from the Rules and Personnel Committee to extend the City Clerk’s Employment Agreement. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO RECEIVE COMMENTS FOR THE SUBMITTAL OF A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) SITE ASSESSMENT GRANT APPLICATION REQUESTING $400,000.00 FOR HAZARDOUS AND PETROLEUM SUBSTANCES ASSESSMENTS.
Mayor Dunigan opened the public hearing. Brad Williams, Brownfield Authority Vice-chair, spoke in support of this grant and expressed his appreciation for staff and all of the work that has been done on the Brownfield Authority. The Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2010-2011 FISCAL YEAR BUDGET TO REFLECT THE RECEIPT OF THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT, IN THE AMOUNT OF $10,000.00.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0. 10/12/10 6
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2010.8, AMENDING CHAPTER 2, SECTION 2-4, CITY CODE, IDENTIFYING THE CITY MANAGER’S RESPONSIBILITY FOR PREPARING CITY COUNCIL AGENDAS.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2010.8. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2010.9, 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.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2010.9. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
OTHER BUSINESS.
A. CONSIDERATION OF RENEWAL OF FUNDING TO THE ENTERPRISE GROUP IN THE TOTAL AMOUNT OF $100,000.00, (THREE PAYMENTS OF $33,333.33), FOR ECONOMIC DEVELOPMENT IN THE CITY OF JACKSON, AND RECEIPT OF THE ECONOMIC DEVELOPMENT REPORT FROM THE ENTERPRISE GROUP.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to refer this matter to the City Affairs Committee for review and a recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION AND PRESENTATION BY KEVIN M. THOMSON, REGARDING THE REQUEST FROM JOHN AND MARY KUHL TO RESCIND CITY COUNCIL ACTION NOT TO RENEW THE FARMER’S MARKET LEASE.
Mr. Thomson addressed the Council explaining why the deadline was missed and respectfully requesting that the non-renewal be reconsidered. He further stated that he and the Kuhls are willing to work with others to update the Farmers Market and to make it something that everyone can live with.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to postpone this matter until a meeting is held with the Kuhls, County Commissioner Williams, DDA Director Greene and Councilmember Frounfelker and come back to the Council the first meeting in November. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0. 10/12/10 7
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LAND DIVISION OF PROPERTY LOCATED AT 432 N. WEST AVENUE, ACCORDING TO THE DEED RECORDED BY THE STATE OF MICHIGAN AT LIBER 1949 PAGE 0858.
Motion was made by Councilmember Polaczyk 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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND JACKSON COUNTY FOR THE PROVISION OF HUMAN RESOURCE FUNCTIONS, AND AUTHORIZATION FOR THE MAYOR TO SIGN THE AGREEMENT AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Intergovernmental Agreement between the City and Jackson County, authorize the Mayor to sign the Agreement and for the City Attorney to make minor modifications. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Greer asked that the ballot for the MML Board of Directors be placed on the next meeting’s Consent Calendar. He knows some of the people on the ballot and they will serve us well.
Councilmember Howe remarked that he has received phone calls complaining about the changes on Brown Street. He thinks the traffic lights might be a problem at holiday time. City Engineer Jon Dowling reported that the timing of the lights will be changed on Monday.
Councilmember Gaiser stated he would appreciate it if public hearings could be held when changes such as the ones on Brown Street are being considered.
Councilmember Breeding asked the City Attorney to verify if it is legal to fund the Enterprise Group from the Water and Sewer Funds.
Mayor Dunigan reported that she has received many phone calls and visits regarding reconstruction of Fourth Street. The City Engineer briefly discussed the possibility of some tree removal, the number of lanes and that this project could be deleted from the list of future projects.
MANAGER’S COMMENTS.
City Manager Renando stated that in his 40 years of working in local government he has never been told not to give an opinion. He doesn’t believe that not speaking about a problem or ignoring the problem solves the problem. He explained his compensation package and said that if he truly believes that the City Council intends to take no action to solve their huge problems, he will resign. 10/12/10 8
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 8:40 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
