JACKSON CITY COUNCIL MEETING
MINUTES
SEPTEMBER 14, 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 Howe.
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: Interim 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. 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.
CITIZEN COMMENTS.
Irma Ojeda discussed the ordinance regarding front yard parking, asking that it be enforced fairly.
Michael Kurczewski addressed the Council to clarify any misconceptions regarding the transfer of the City’s website development from his company to the current developers. He stated that when they delivered the website to the current developer, the site was fully functional and operating 100%.
Stephen Osmond and Bob Lazebnik asked the Council to support their request regarding the placement of a kiosk in front of the Jackson Symphony Orchestra building. Mr. Lazebnik explained that the kiosk is a Jackson created piece of art and a plus to the downtown area.
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Andrew Lopez asked the Council to preserve the glass mural located in the 212 W. Michigan Avenue building if it is demolished and requested that it go to a location where it will be appreciated.
Denise Collis asked the Council to consider awarding the bid for asbestos abatement at 212 W. Michigan Avenue to her company, ALAM, Inc.
Billie Buda, Nina Rusnell, Dave Rusnell and Nanette Keyser spoke in opposition to the proposed ordinance to provide for the open burning of wood-based products in outdoor burning devices.
David Welihan asked the Council to support the Jackson County Veteran’s Council request to place a War on Terror Memorial in Withington Park.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Councilmember Polaczyk requested that Item M be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item M removed for separate consideration. 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 August 17, 2010, and special meeting minutes for August 27, 2010.
B.
Approval of payment of the Jackson County Emergency Dispatch MDC Maintenance invoice in the amount of $10,000.00, for the period of September 2010 through August 2011, in accordance with the recommendation of the City Manager.
C.
Approval of the payment of the Region 2 Planning Commission invoice in the amount of $6,959.25, for planning services for the month of August 2010, in accordance with the recommendation of the City Manager.
D.
Approval of the designation of Daniel P. Greer, 3rd Ward City Councilmember, as the official representative to cast the vote of the municipality at the Michigan Municipal League Annual Business Meeting to be held on September 22, 2010, at the Hyatt Regency, Dearborn, Michigan.
E.
Approval of the request from the Jackson High School Homecoming Parade Committee to close portions of Brown Street, Wildwood, and Daniel Road, to hold their annual Homecoming Parade on Friday, September 24, 2010, with police assistance, beginning at 6:00 p.m. (Approval recommended by the Police, Fire, and Traffic Engineering Departments. Proper insurance coverage received.)
F.
Approval of the request from St. John Jackson Family Fall Festival to conduct their Family Fall Festival Fireworks using a portion of Nixon Park to release fireworks on Saturday, September 25, 2010, at dusk. (Approval recommended by the Police, Fire, Recreation, Public Works, and Engineering Departments. Proper insurance coverage received.)
G.
Approval of the request from Jackson Area Catholic Schools – Jackson Family Fall Festival, to conduct a Family Fall Festival 5K run/walk and kids fun run on neighborhood streets near Nixon Park, with street closures beginning at E. North and Leroy Streets, with police
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assistance, on September 25, 2010, from 7:30 – 10:30 a.m. (Recommended approval received from the Police, Fire, Recreation/Forestry, Traffic Engineering, and Public Services Departments. Proper insurance coverage received.)
H.
Approval of the request from the Rose Queen Pageant to conduct the Downtown Merchant’s/Artist’s Walking Tour and small parade, with street closures on Mechanic Street between Michigan Avenue and Washington Avenue on Friday, September 24, 2010, from 5:30 – 7:00 p.m. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works and Engineering Departments. Proper insurance coverage received.)
I.
Approval of Traffic Control Order No. (TCO) 2066, modifying parking on the west side of N. Jackson Street south of Louis Glick Highway.
J.
Approval of Traffic Control Order Nos. (TCO) 2067-2070, making accommodations for the change of Brown Street to a three-lane cross-section with bicycle lanes.
K.
Approval of Traffic Control Order Nos. (TCO) 2071-2072, new lane configuration on Daniel Road creating language for lane usage, and review of lane usage due to redesign and reconstruction of Wildwood Avenue between Durand Street and West Avenue.
L.
Approval of the following requests from the Community Development Department: receipt of the draft Consolidated Annual Performance and Evaluation Report (CAPER), authorization to disseminate the draft CAPER for public review and to begin the 15-day comment period, establishment of September 28, 2010, at the City Council meeting as the time and place to hold a public hearing to receive citizen comments on the CAPER, and revision of the Consolidated Plan 2009-2010 CDBG/HOME Allocation Timetable, in accordance with the recommendation of the Community Development Director.
M.
Removed for separate consideration.
N.
Receipt of CDBG Financial Summary Report through July, 2010.
O.
Receipt of the Dangerous Building Report through August 31, 2010.
P.
Establishment of September 28, 2010, at the City Council meeting as the time and place to hold a public hearing on the request filed by Technique, Inc., 2341 Enterprise Drive, for an application for an Industrial Facilities Tax Exemption Certificate, and referral to the City Affairs Committee for recommendation.
CONSENT CALENDAR ITEM M.
Approval of the request from the Jackson Veteran’s Council monument committee to place a War on Terror Memorial in Withington Park, in accordance with the recommendation of the Parks and Recreation Commission.
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.
COMMITTEE REPORTS.
A.
CONSIDERATION OF THE RULES AND PERSONNEL COMMITTEE REPORT.
1.
CONSIDERATION OF THE AGREEMENT FOR CITY MANAGER SERVICES BETWEEN THE CITY AND WARREN D. RENANDO.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receipt the report and approve the Agreement for City Manager Services between the City and Warren D. Renando. The motion was adopted by the following vote. Yeas: Mayor
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Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A.
CONSIDERATION OF A RESOLUTION AMENDING THE FISCAL YEAR 2004-2005 (YEAR 30), 2007-2008 (YEAR 33), 2008-2009 (YEAR 34), 2009-2010 (YEAR 35), AND 2010-2011 (YEAR 36) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS TO REALLOCATE UNEXPENDED FUNDS IN THE AMOUNT OF $13,370.00, AND BUDGET PROGRAM INCOME RECEIVED IN EXCESS OF BUDGETED AMOUNTS IN THE AMOUNT OF $105,967.00 TO VARIOUS ELIGIBLE CDBG ACTIVITIES AS DETAILED. (POSTPONED AT THE AUGUST 17, 2010, MEETING.)
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution, with the exception that $10,000.00 be allocated to the Salvation Army and $-0- be allocated to the Fair Housing Center of Southeastern Michigan. 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 A RESOLUTION AMENDING THE 2010-2011 BUDGET TO REFLECT THE RECEIPT OF THE EDWARD BYRNE MEMORIAL 2009-2013 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT, IN THE AMOUNT OF $44,646.00.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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.
C.
CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF AN ESCROWED 2010 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT AND DANCE PERMIT LOCATED AT 100 S. COOPER FROM THE APPLE INC., TO TINI BIKINIS-JACKSON LLC. (APPROVAL SUBJECT TO FINAL INSPECTION.)
Motion was made by Councilmember Polaczyk 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.
ORDINANCES.
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A.
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.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to refer the proposed ordinance to the City Affairs Committee and have a recommendation come back in 30 days. 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 THE DETERMINATION OF WHO HAS THE AUTHORITY AND RESPONSIBILITY OF ESTABLISHING THE CITY COUNCIL MEETING AGENDAS AS REQUESTED AT THE AUGUST 17, 2010, CITY COUNCIL MEETING.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe that the City Manager be authorized with the responsibility to establish and/or to prepare the agenda for all City Council meetings, and that agenda items submitted by 5:00 p.m. on Wednesday to the City Manager by Councilmembers or Appointed Officials must be included in the next regular meeting agenda, and that the City Attorney be directed to fashion appropriate language for an ordinance which will capture the above action. 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.
NEW BUSINESS.
A.
CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO COCHRAN ELECTRIC COMPANY, AT THEIR LOW BID PRICE OF $72,841.00, TO PURCHASE AND INSTALL A MEDIUM VOLTAGE STARTER AT THE WATER TREATMENT PLANT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE INTERIM WATER 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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO RIETH RILEY CONSTRUCTION, MASON, AT THEIR LOW BID PRICE OF $80,211.00, FOR HMA PATCHING SERVICES ON AN AS-NEEDED BASIS DURING THE CONSTRUCTION SEASON, IN ACCORDANCE WITH THE RECOMMENDATION OF THE INTERIM WATER DIRECTOR.
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, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
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C.
CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE OF A 2011 FORD F-250 TRUCK THROUGH THE MIDEAL PURCHASE PROGRAM IN THE AMOUNT OF $18,044.00, AND THE PURCHASE OF ONE (1) STANDARD SERVICE BODY FROM FITZGIBBONS FLEET FABRICATORS AT THEIR LOW BID PRICE OF $8,025.00 FOR A TOTAL COST OF $26,069.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE INTERIM WATER DIRECTOR.
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, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
D.
CONSIDERATION OF THE REQUEST TO PURCHASE THREE PATROL VEHICLES, UTILIZING THE MACOMB COUNTY AND OAKLAND COUNTY PURCHASING CONTRACTS, FROM SIGNATURE FORD, OWOSSO, AND SHAHEEN CHEVROLET, LANSING, WITH A TOTAL PURCHASE PRICE OF $56,605.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding--1. Absent: 0.
E.
CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO SEAL TECH INSULATION, INC., BELLEVILLE, AT THEIR LOW BID PRICE OF $30,869.60, FOR ROOF INSULATION AT FIRE STATION #1, IN ACCORDANCE WITH THE RECOMMENDATION OF THE FIRE CHIEF.
Motion was made by Councilmember Frounfelker 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.
F.
CONSIDERATION OF THE REQUEST FOR IMMEDIATE APPROVAL OF A REVOCABLE LICENSE FROM THE JACKSON SYMPHONY ORCHESTRA (JSO) FOR CONSTRUCTION OF A KIOSK IN THE CITY’S RIGHT-OF-WAY IN FRONT OF THEIR BUILDING AT 215 W. MICHIGAN AVENUE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
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, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS’ COMMENTS.
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Councilmember Gaiser discussed front yard parking and asked if an item could be placed on the next agenda, regarding how it can be enforced and who is responsible for enforcing it. He also remarked on the importance of mutual/automatic aid with our neighbors; Fire Chief Beyerstedt stated that we have mutual aid with Leoni Township, but not automatic aid because they withdrew. Mr. Gaiser will conduct a 4th Ward neighborhood meeting on October 4 in the Council Chambers. Councilmember Greer asked if Council could get a communication on the Blackman/Leoni merger. The City Manager responded that he will provide a report. He thanked the Council for designating him as the official representative at the MML Annual Business Meeting. He thanked the Police Chief, the City Engineer, Officer Marcetic, Frank Weathers and Lt. Simpson for attending a meeting with Seymour Street residents regarding speeding. It was a very productive meeting, staff did a great job and there will be another meeting in the near future. Councilmember Polaczyk thanked the Police Department for the efforts put forth in the Queens neighborhood. There was some vandalism and they got it under control in a short period of time. He also stated that he is not sure how to deal with Pit Bull violence, but it is something that needs to be considered. Councilmember Breeding inquired about the electronic sign at the corner of Francis and Washington on the Commonwealth property. The City Attorney reported that the sign is properly placed and permitted. He also asked for an update from the Fairground Committee. The City Manager replied there has been one meeting and he wants a second; there are still some issues that need to be resolved. He also suggested that the names of all appointed officials and staff, in attendance, be listed in the minutes. Mayor Dunigan, considering that Council approved the placement of the War on Terror Memorial tonight, reminded everyone that there will be a ceremony on Veterans Day, November 11. She encouraged everyone to attend to show respect for those who have passed and their families.
MANAGER’S COMMENTS.
Mr. Renando reported on the search for an Interim Personnel Director, including a possible merger with the County. He will start the process of looking for a Utilities Director. There may be a storm water ordinance on the next agenda, along with an updated version of the financial documents presented on August 17. He reported on the establishment of an “insurance committee” that will investigate alternatives and hopefully find significant savings for employee health care. He will also be looking at privatization, sharing of functions and reductions and he hopes that Council will give him direction on what they wish him to pursue. He contacted the MML regarding a City Manager search and the soonest they can begin is probably January.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:27 p.m.
Lynn Fessel
City Clerk