JACKSON CITY COUNCIL MEETING
MINUTES
JANUARY 11, 2011
CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:02 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, Finance Director Philip Hones, City Engineer Jon Dowling, Police Chief Matt Heins, and Assistant Fire Chief Dave Wooden.
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.
Val C. Toops asked the Council to consider opening Tomlinson School as dormitory housing for families that are displaced.
Ted Brzezinski and Philip Burch asked the Council several questions about how the Fire Department will operate if Fire Stations #2 and #3 are closed.
Laurie Lewis asked the Council to consider cutting costs in several areas, regardless of how small, and not reduce Police and Fire personnel. 1/11/11 2
Linda Chaffee spoke in opposition to closing Fire Stations #2 and #3.
John Wilson asked what the Federal Clean Water Act and its mandates are expected to cost the City. He stated it is evident that the City Council is using the Clean Water Act as an excuse to raise revenue. He also asked if the current storm water drainage system is insufficient and has the health, safety and welfare of the citizens been in danger as a result of this.
Tom Christoff, Mindy Bradish-Orta and Larry Lloyd respectfully requested that consideration of the Stormwater ordinances be postponed.
Eileen Rawlins read a letter she wrote to City Engineer Dowling regarding Hibbard Avenue drainage and the proposed Stormwater Ordinance fee.
Mark Muhich spoke in favor of the proposed Stormwater Ordinances.
Arlene Robinson requested, on behalf of the Jackson County Branch NAACP, an official copy of the revised policies and procedures for the City Police Department regarding the arrest and handcuffing of Montez White and a public apology to Montez White and his family.
Jay Horsfall spoke in opposition to the proposed Stormwater Ordinance fee.
Mary Price spoke in support of patients who use medical marijuana.
Victor Hansens discussed definitions and terms related to the use of medical marijuana and stated that the proposed ordinance is confusing.
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION BY MARK KETTNER, REHMANN ROBSON, OF THE CITY OF JACKSON’S AUDIT REPORT FOR FISCAL YEAR 2009/10.
Mr. Kettner stated that the financial statements are fairly presented, in accordance with generally accepted accounting principles and there were no significant findings. He noted that the General Fund balance is dangerously low.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to receive the Audit Report and the City responses. 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser 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.
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A. Approval of the minutes of the regular City Council meeting of December 14, 2010.
B. Approval of the low bid award to Concepts Construction, in the amount of $23,206.00, for the owner-occupied Community Development rehabilitation project located at 308 S. West Avenue, in accordance with the recommendation of the Rehabilitation Coordinator.
C. Approval of the first renewal to the contract with BioTech Agronomics, Inc., Beulah, Michigan, at their low bid price of $0.0306 per gallon, for hauling and land application of sewage sludge, in accordance with the recommendation of the Acting Director of Sewage Treatment.
D. Approval of the request from Gordon and Barbara May for water service connection at 447 N. Dettman Road in Leoni Township.
E. Receipt of the 2010 City of Jackson Annual Report.
F. Receipt of the City of Jackson’s summary of revenue and expenditures for five (5) months ended, November 30, 2010.
G. Receipt of The Enterprise Group/City Agreement for Economic Development Services December 2010 Semi-Annual Report.
H. Receipt of the Dangerous Building Report through December 31, 2010.
I. Receipt of the CDBG and HOME Financial Summary Report through November 30, 2010.
J. Receipt with regret the resignation of Gregory Shack from the Jackson Housing Commission.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT RENE SILVA TO THE JACKSON HOUSING COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING OCTOBER 30, 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding--1. Absent: 0.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT ANTHONY F. RADUAZO TO THE LOCAL OFFICERS COMPENSATION COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING FEBRUARY 28, 2016.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the 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.
C. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT ANTHONY F. RADUAZO TO THE ZONING BOARD OF APPEALS FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2013.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: 1/11/11 4
Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION APPROVING A 90-DAY TRIAL PERIOD OF PROCEDURAL CHANGES TO THE ENFORCEMENT PROCESS OF CHAPTER 12, SECTION 12-9 (ONLY), CITY CODE, GOVERNING GARBAGE AND RUBBISH, AND ALSO MODIFYING WHEN THE $20.00 CITATION FEE IS ASSESSED.
Motion was made by Councilmember Gaiser 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, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), IN THE AMOUNT OF $1,220,300.00 (CITY’S SHARE IS $436,000.00) FOR RECONSTRUCTION OF NORTH STREET FROM LANSING AVENUE TO COOPER STREET, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 16, CITY CODE, ADDING ARTICLE XVIII ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF OPERATIONS AND THE ISSUANCE OF PERMITS OR LICENSES FOR OPERATIONS THAT RELATE TO THE CULTIVATION, DISPENSING, OR USE OF MEDICAL MARIHUANA.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding--1. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2011.01, ADDING ARTICLE V TO CHAPTER 27, CITY CODE, ESTABLISHING REQUIREMENTS AND STANDARDS FOR THE DISCHARGE OF STORMWATER FROM CERTAIN NEW AND REDEVELOPED SITES INTO THE CITY’S STORMWATER SYSTEM.
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Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2011.01. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmembers Breeding and Gaiser--2. Absent: 0.
C. FINAL ADOPTION OF ORDINANCE NO. 2011.02, ADDING ARTICLE VI TO CHAPTER 27, CITY CODE, ESTABLISHING A STORMWATER UTILITY FOR THE PURPOSE OF CONDUCTING A CITY STORMWATER MANAGEMENT PROGRAM TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND TO PROVIDE FOR PROPORTIONAL ALLOCATION TO PROPERTY OWNERS THE NECESSARY COSTS OF STORMWATER UTILITIES.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2011.02. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Frounfelker and Polaczyk—5. Nays: Councilmembers Breeding and Gaiser--2. Absent: 0.
D. FINAL ADOPTION OF ORDINANCE NO. 2011.03, AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING 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.)
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2011.03. 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.
OTHER BUSINESS.
A. CONSIDERATION OF THE CITY MANAGER’S REQUEST TO HOLD A BRIEF WORK SESSION, RECEIPT OF THE 2011-2012 CDBG AND HOME PROPOSAL BOOK (ALREADY DISTRIBUTED), AND REAFFIRMATION OF THE ESTABLISHMENT OF THE JANUARY 25, 2011, CITY COUNCIL MEETING AS THE DATE AND TIME TO HOLD A PUBLIC HEARING TO RECEIVE COMMENTS ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND ALLOW APPLICANTS TO PRESENT THEIR PROPOSALS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request to hold a brief work session after the public hearing on January 25, 2011, receive the 2011-2012 CDBG and HOME proposal book and reaffirm the establishment of the January 25, 2011, as the date to hold a public hearing to receive comments on housing and community development needs and allow applicants to present their proposals. 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 CITY MANAGER’S RECOMMENDATION TO CLOSE FIRE STATIONS #2 AND #3.
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Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to accept the City Manager’s recommendation to close Fire Stations #2 and #3. 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.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO WAIVE A SIX MONTH LAND CONTRACT REQUIREMENT IN ORDER TO COMPLETE EMERGENCY REPAIRS ON PROPERTY LOCATED AT 836 BUSH STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT FINANCIAL ANALYST.
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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO APPROVE A MANAGEMENT AGREEMENT BETWEEN 5 LEPRECHAUNS LLC, AND THE CITY TO MANAGE PROPERTY LOCATED AT 414 NORTH JACKSON STREET (INCUBATOR BUILDING) FOR A ONE YEAR TERM AND RENEWED ON A MONTH TO MONTH BASIS THEREAFTER, UNLESS TERMINATED, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS IF NEEDED.
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.
Councilmember Breeding remarked that he prefers the City’s Annual Report in calendar format and he noted that the names of the Councilmembers were omitted. He also requested that during the January 25, 2011, City Council meeting the City Manager present the following, regarding Montez White, to the Councilmembers as an agenda item (Presentation, Consent Calendar or Other Business):
• Results of any investigations
• Meeting conclusions
• Recommendations/Remedies
• Policy modifications/Changes
• Written apologies, if any
Councilmember Howe praised retired Fire Chief Mike Beyerstedt on his accomplishments and a job well done.
Councilmember Frounfelker stated he would like to see the City adopt a mission statement. He volunteered to prepare a draft for consideration and welcomes input from his fellow Councilmembers. 1/11/11 7
Councilmember Polaczyk stated he will help Councilmember Frounfelker with the mission statement.
Mayor Dunigan explained to all of the citizens of Jackson that the decisions made tonight were not easy decisions and this is only the beginning. There will be many more tough decisions to make going forward to get our budget in line. She asked for understanding and cooperation and believes, as a community, if we all work together and understand why we have to make these tough decisions, we can make it through the difficult years to come.
MANAGER’S COMMENTS.
City Manager Renando announced that Pamela Lavers has been hired as the new City/County Human Resources Director. He will invite her to the next Council meeting. He reported that there should be an answer from the Unions on January 20, as to whether or not they will open their contracts. He thanked the Unions for their diligent work on health insurance options. He explained that in 2000, 98% of the pension fund for Police and Fire was funded. Right now that number has fallen to 43.5 % and we have to come up with a means to correct this. He hopes to remain civil and appreciative of the people who work here and who do a good job. Recently he has had to fire employees and he will have to do a lot more of this in the future. He does not enjoy this nor does he want to do this and he hopes we will all be sensitive to the needs of these people.
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
