JACKSON CITY COUNCIL MEETING
MINUTES
DECEMBER 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 Greer.
ROLL CALL.
Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser and Andrew R. Frounfelker—6. Absent with excuse: Councilmember John R. Polaczyk--1.
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 and Fire Chief Mike Beyerstedt.
AGENDA.
Motion was made by Councilmember Howe 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 and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk--1.
CITIZEN COMMENTS.
Gerald Montgomery expressed concern with the proposed stormwater ordinances and questioned why the Council contracted with an out of town firm for the City Manager search.
Dan Winters reported a flooding problem behind his home on Hill Street.
Kathy Kulchinski spoke in support of the proposed stormwater ordinances. 12/14/10 2
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION BY VIC COOPERWASSER, TETRA TECH, REGARDING THE STORMWATER UTILITIES PROGRAM.
Mr. Cooperwasser discussed a storm water utility, the ordinance and its benefits, projected budget and rates, estimated monthly bills, revenue breakdown, user fee credits and the implementation schedule.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the Ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Frounfelker –4. Nays: Councilmembers Breeding and Gaiser—2. Absent: Councilmember Polaczyk—1.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the Ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Frounfelker –4. Nays: Councilmembers Breeding and Gaiser—2. Absent: Councilmember Polaczyk—1.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker--6. Nays: 0. Absent: Councilmember Polaczyk--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of November 23, 2010, and the special meeting minutes for December 7, 2010.
B. Approval of the payment of the Region 2 Planning Commission invoice in the amount of $7,760.32 for planning services for the month of November 2010, in accordance with the recommendation of the City Manager.
C. Approval of the request of St. John’s United Church of Christ in conjunction with Partnership Park, to conduct their annual Eve on the Ave 5K Run/Walk on Friday, December 31, 2010, beginning at 10:00 p.m. on downtown streets, with police assistance. (Recommended
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approval received from Police, Fire, Traffic Engineering Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance.)
D. Approval of the request from the Center for Family Health to conduct their 34th annual Groundhog Gallop, Saturday, February 5, 2011, beginning at 10:00 a.m., with minimal police assistance requested. (Recommended approval received from the Police, Fire, Parks, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)
E. Approval of the request from the Jackson National Day of Prayer Task Force to conduct the National Day of Prayer service at 12:00 p.m. on Thursday, May 5, 2011, at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
F. Approval of Change Order No. 1 to the Professional Service Agreement between the City and Mr. Marc Meyer, adding listing agreements for 1911 E. Ganson Street and 1043 Chittock, and authorization for the City Attorney to make minor modifications to the change order.
G. Approval of Change Order No. 1 to the contract with Dore and Associates adjusting the start time for the asbestos removal work for 212 W. Michigan Avenue, and authorization for the City Manager and City Engineer to execute the appropriate document(s).
H. Approval of Final Change Order No. 1 to the contract with Bailey Excavating, Inc., in the increased amount of $11,784.96, for the 2010 ARRA Local Street repaving on Mason, State, and Wesley Streets project, and authorization for the City Manager and City Engineer to execute the appropriate document(s).
I. Receipt of the Dangerous Building Report through November 30, 2010.
J. Establishment of Community Development public hearings and approval of the timetable for the 2011-2012 Community Development Block Grant (CDBG) and HOME funds application process.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT THOMAS TRENT HARRIS TO THE JACKSON HOUSING COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING OCTOBER 30, 2015.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Frounfelker—5. Nays: Councilmember Breeding—1. Absent: Councilmember Polaczyk—1.
Councilmember Breeding remarked that he voted "Nay" because Mr. Harris is not a City resident.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT CARLENE M. LEFERE AND CHARLES H. AYMOND TO THE ADMINISTRATIVE HEARINGS BUREAU, FOR A TWO-YEAR TERM EACH, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2012.
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Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Frounfelker—5. Nays: Councilmember Breeding—1. Absent: Councilmember Polaczyk—1.
Councilmember Breeding remarked that he voted "Nay" because neither Mrs. Lefere nor Mr. Aymond is a City resident.
C. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT FRANCIS BERKEMEIER TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
D. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT CHARLES AHRONHEIM AND MARILYN GUIDINGER TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
E. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT TERESSA DELPH, PARRISH STAHL, AND GEORGE BROWN, III, TO THE JACKSON HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2013, IN ACCORDANCE WITH THE RECOMMENDATION OF THE HUMAN RELATIONS COMMISSION.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to approve the recommendation to reappoint Teressa Delph and George Brown, III. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation to reappoint Parrish Stahl. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Frounfelker—5. Nays: Councilmember Breeding—1. Absent: Councilmember Polaczyk—1.
Councilmember Breeding remarked that he voted "Nay" because Mr. Stahl is not a City resident. 12/14/10 5
F. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT COUNCILMEMBER KENNETH GAISER TO THE REGION 2 PLANNING COMMISSION FOR A THREE-YEAR TERM, BEGINNING IMMEDIATELY, AND ENDING NOVEMBER 30, 2013.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
G. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT JIM STARK, ROBERT INMAN, AND CITY COUNCILMEMBERS ROBERT HOWE, CARL BREEDING, AND JOHN POLACZYK TO THE TELECOMMUNICATIONS ADVISORY BOARD, FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
H. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT KYLE JANSEN AND PATRICIA GUTEKUNST TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
Mayor Dunigan thanked all members of City Boards and Commissions for their service.
PUBLIC HEARINGS.
A. PUBLIC HEARING FOR THE CONSIDERATION OF A BROWNFIELD PLAN FOR PROPERTY LOCATED AT 212 W. MICHIGAN AVENUE (FORMER CONSUMERS ENERGY HEADQUARTERS), AS RECOMMENDED BY THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY (JBRA).
Mayor Dunigan opened the public hearing. No one spoke; the Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1. 12/14/10 6
B. PUBLIC HEARING ON THE REQUEST TO REZONE THE JOHN GEORGE HOME, 1501 E. GANSON STREET, AND THE FORMER FIRTH MIDDLE SCHOOL PROPERTY FROM R-2 (ONE- AND TWO-FAMILY RESIDENTIAL) TO R-4 (HIGH DENSITY APARTMENT AND OFFICE). (CITY PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL.)
Mayor Dunigan opened the public hearing. Carrie Good, John George Home Administrator, spoke in support of the rezoning request. The Mayor closed the public hearing.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the Ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS LOCATED AT 1910 S. COOPER STREET FROM ROOKTUR, INC. TO VALERIE A. TRIPP.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to adopt the resolution – subject to final inspection. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
B. CONSIDERATION OF A RESOLUTION APPROVING THE USE OF RECEIVING BOARDS AT ELECTIONS HELD IN THE CITY ON AUGUST 2 AND NOVEMBER 8, 2011, AND ON ANY ADDITIONAL DATES AS NEEDED.
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 and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2010-2011 BUDGET TO REFLECT THE RECEIPT OF THE DRIVE MICHIGAN SAFELY TASK FORCE GRANT, IN THE AMOUNT OF $11,898.00.
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 and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1. 12/14/10 7
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2006-2007 (YEAR 32) AND 2010-2011 (YEAR 36) HOME BUDGETS REALLOCATING FUNDS PREVIOUSLY BUDGETED TO CAA FOR REHABILITATION TO THE REHABILITATION ASSISTANCE PROGRAM IN THE AMOUNT OF $35,097.00.
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 and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
E. CONSIDERATION OF THE FOLLOWING ACTIONS PERTAINING TO THE CONSUMERS ENERGY STREET LIGHT CONTRACT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to rescind the resolutions. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
Councilmember Frounfelker disclosed that he is an employee of Consumers Energy, but is not affected in any way by these actions.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolutions. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to authorize the Mayor and City Clerk to execute the appropriate document(s). The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
ORDINANCES.
A. MOVED TO ITEM 6.A.
B. MOVED TO ITEM 6.A.
OTHER BUSINESS.
None. 12/14/10 8
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO A. WILLIAMS CLEANING SERVICES, AT THEIR LOW BID PRICE OF $39,900.00, WITH TWO, ONE-YEAR RENEWAL OPTIONS, FOR JANITORIAL SERVICES FOR CITY HALL, WATER, WASTEWATER AND THE DEPARTMENT OF PUBLIC WORKS.
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, Greer, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS NOTICE, IN THE AMOUNT OF $40,370.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 916 ADRIAN, IN ACCORDANCE WITH THE RECOMMENDATION OF THE REHABILITATION COORDINATOR.
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, Gaiser and Frounfelker—6. Nays: 0. Absent: Councilmember Polaczyk—1.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Frounfelker (1) expressed his frustration and embarrassment with the City’s Sign Ordinance. He asked the City Manager to work with staff and review the Ordinance for possible changes. He also offered to facilitate/host a meeting with the Chamber of Commerce. (2) He told the Council he is willing to prepare a spreadsheet for Community Development Block Grant Fund allocations again next year. (3) He wished everyone Happy Holidays and invited them to enjoy the many venues downtown.
Councilmember Gaiser (1) echoed Councilmember Frounfelker’s frustration with the Sign Ordinance. (2) He also said he was embarrassed that we did not do a very good job of picking up leaves. (3) He remarked that it is very sad to see people’s belongings along the streets because they have lost their homes. (4) He wished everyone a Merry Christmas and a Happy New Year.
Councilmember Breeding (1) reported that the streetlights in front of 943 Chittock, at Chittock and Rockwell and at Mechanic and Morrell are not functioning properly. (2) He inquired about snow removal from an alley between E. High and Stanley, Milwaukee being on the east, behind Moorman Plaza. (3) He also asked the City Manager to provide Council with a description of public safety departments; he would like to see specifics on what they entail.
Councilmember Howe (1) also expressed his displeasure with the Sign Ordinance and its enforcement. (2) He reported that the Toys for Tots campaign is running behind last year in donations of toys and money. (3) He wished everyone a Merry Christmas and a Happy New Year.
Councilmember Greer (1) thanked everyone who attended his neighborhood meeting, including the Police Chief, Fire Chief, Assistant Fire Chief and IT Manager. (2) He wished Fire Chief Beyerstedt the best of luck in his new position in Mississippi and he is looking forward to the City Manager’s ideas/plans for a replacement. (3) He wished everyone a Merry Christmas and a Happy New Year. 12/14/10 9
Mayor Dunigan (1) offered her congratulations to Councilmember Greer on his recent engagement. (2) Regarding the Sign Ordinance, she spoke in defense of the Sign Board of Appeals stating they did the job they were told to do. (3) She wished everyone a Merry Christmas and a Happy, Healthy and Prosperous New Year.
MANAGER’S COMMENTS.
None.
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 7:53 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
