JACKSON CITY COUNCIL MEETING
MINUTES
FEBRUARY 22, 2011
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: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Police Chief Matt Heins, City Engineer Jon Dowling and Interim Deputy Fire Chief Dave Wooden.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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.
Caron Wooten expressed her disappointment that she and other taxicab company owners were not included in drafting amendments to the Taxicab Ordinance.
Gerald Montgomery said he approves of the LOCC recommendations to cut Mayor and Council compensation. He also expressed his disappointment with Council and their decisions to adopt a stormwater ordinance and contracting with out of town companies for the City Manager search and the implementation of the stormwater ordinance.
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Laurie Lewis urged the Council to vote “no” on the proposed ballot language for a public safety department.
John Wilson stated he believes there is no reason to spend the money for a special election for public safety when there is going to be an election in November.
Michele LaVoy Foster asked the Council how they expect voters to approve a public safety department when they don’t know what it will look like.
Jean Soltis stated she would like to see the Police and Fire remain as separate departments, with no cross training.
Scott Aughney thanked the City Clerk for her public service, thanked Councilmember Breeding for opposing the Grand River Artswalk and stated his concerns about public safety.
Larry Lienhart expressed his displeasure with possible cuts to the Police and Fire Departments.
Major John Mallett explained the Salvation Army’s use of CDBG funding and the support services of their headquarters in Grand Rapids.
State Representative Earl Poleski gave a brief explanation of PA 72 (Local Government Fiscal Responsibility Act) and HB 4214. HB 4214, part of a package of bills, helps to prevent the necessity for an emergency manager by providing tools to local governments so they can solve problems themselves.
PRESENTATIONS/PROCLAMATIONS.
A.
PRESENTATION BY MR. ROBERT H. LAZEBNIK REGARDING A TRIBUTE TO THE JACKSON WORLD WAR II ARMY AIR CORP SOLDIERS AND THE CITY’S BLACK CIVIL WAR SOLDIERS IN RECOGNITION OF ARMED FORCES WEEK.
Mr. LaZebnik announced there will be a dedication at the airport on May 21 of a statue of a World War II pilot and stained glass windows created in honor of the City’s Black Civil War soldiers. He asked for Council support of these tributes.
B.
PRESENTATION BY CHIEF MATT HEINS AND DEPUTY FIRE CHIEF DAVID WOODEN COMPARING DELIVERY OF SEPARATE POLICE AND FIRE SERVICES TO A PUBLIC SAFETY MODEL.
Using a power point presentation, Chief Heins and Deputy Chief Wooden outlined the departments’ current employees, calls for service, fy 2010/2011 budgets, projected cuts, an integrated public safety model, a possible public safety organizational chart, the cost of cross-training and a comparison of personnel. They concluded by stating that all changes must be negotiated with all of the unions and there is a 3 to 5 year timeline for full integration of a public safety model.
1.
CONSIDERATION OF A RESOLUTION, INCLUDING BALLOT LANGUAGE, REGARDING THE CREATION OF A PUBLIC SAFETY DEPARTMENT.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the resolution.
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Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to amend the motion to delete the following: “ ,in its discretion,” from the proposal heading and the question. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker—6. Nays: Councilmember Polaczyk—1. Absent: 0.
The main motion, as amended, was voted on and adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to direct the City Manager to plan for some information pieces to be prepared, as soon as possible, and to use a marketing firm, if necessary, not to exceed a cost of $10,000.00. The motion FAILED adoption by the following vote. Yeas: Mayor Dunigan and Councilmembers Greer and Gaiser—3. Nays: Councilmembers Breeding, Howe, Frounfelker and Polaczyk—4. Absent: 0.
CONSENT CALENDAR.
Councilmember Polaczyk requested Item B be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item B 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 February 8, 2011.
B.
Removed for separate consideration.
C.
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, Parks/Forestry, Public Works, Engineering Departments, and the Downtown Development Authority. Hold Harmless Agreement in lieu of insurance coverage pending approval by the City Attorney’s office.)
D.
Approval of the request from The Council for the Prevention of Child Abuse and Neglect to display an agency banner and place pinwheels in the ground at Austin Blair Memorial Park beginning April 1 – 30, 2011, and hold a short program on April 1, 2011, from 12:00 p.m. (noon) to 1:00 p.m. to kick-off Child Abuse Prevention Month. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, Engineering Departments, and the Downtown Development Authority. Hold Harmless Agreement in lieu of insurance coverage pending approval by the City Attorney’s office.)
E.
Approval of the request from the Jackson Storyfest Committee for police assistance and use of the City Council Chambers on Friday, May 6, 2011, 9:30 a.m. to 1:00 p.m., for their annual Jackson Storyfest to be held on Friday and Saturday, May 6 and 7, 2011. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Insurance coverage has been received and approved.)
F.
Approval of the request to approve the bid award to Harrison Builders, in the amount of $23,180.00, to rehabilitate the owner-occupied Community Development Rehabilitation project at 709 Woodlawn, in accordance with the recommendation of the Rehabilitation Coordinator.
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G.
Receipt of the CDBG and HOME Financial Summaries Report through January 31, 2011.
H.
Receipt with regret the resignation of Joe W. Smith, Jr., from the Human Relations Commission.
I.
Receipt of the City Treasurer’s quarterly report, October – December, 2010.
J.
Establishment of March 8, 2011, at the City Council meeting as the time and place to hold public hearings on the following Special Assessment Rolls for street construction:
1.
Roll No. 3360 for street construction on Argyle from Wisner Street to West Avenue.
2.
Roll No. 3361 for street construction on Jackson Street from Louis Glick Highway to Ganson Street.
3.
Roll No. 3362 for street construction on Mason from Jackson to Mechanic Street.
4.
Roll No. 3363 for street construction on State from Pearl to Ganson Street.
5.
Roll No. 3364 for street construction on Wesley from Blackman to Jackson Street.
CONSENT CALENDAR ITEM B.
Approval of the payment of the Region 2 Planning Commission invoice in the amount of $9,535.27 for planning services for the month of January 2011, in accordance with the recommendation of the City Manager.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to postpone consideration of this matter for two weeks. 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.
RECEIPT OF THE REPORT FROM THE RULES AND PERSONNEL COMMITTEE.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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.
APPOINTMENTS.
A.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT RICHARD L. HOLMES, III, TO THE LOCAL OFFICERS COMPENSATION COMMISSION FOR A SEVEN-YEAR TERM, BEGINNING MARCH 1, 2011, AND ENDING FEBRUARY 28, 2018.
Motion was made by Councilmember Polaczyk 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, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
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A.
CONSIDERATION OF A RESOLUTION AMENDING THE JACKSON POLICE DEPARTMENT BUDGET TO REFLECT RECEIPT OF A MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS (MCOLES) JUSTICE TRAINING GRANT, IN THE AMOUNT OF $34,039.00.
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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF A RESOLUTION ESTABLISHING MARCH 22, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4195 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
C.
CONSIDERATION OF A RESOLUTION ESTABLISHING MARCH 22, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4196 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
D.
CONSIDERATION OF A RESOLUTION ESTABLISHING MARCH 22, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4197 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
E.
CONSIDERATION OF A RESOLUTION ESTABLISHING MARCH 22, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4198 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
F.
CONSIDERATION OF A RESOLUTION ESTABLISHING MARCH 22, 2011, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4199 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE, AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the resolutions in Items B through F above. 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 16, ARTICLE XVI, CITY CODE, REGULATING THE USE OF TAXICABS WITHIN THE CITY OF JACKSON FOR THE PURPOSE OF PROTECTING THE PUBLIC HEALTH, SAFETY, AND WELFARE, AND TO PROVIDE FOR MINIMAL QUALIFICATIONS FOR TAXICAB DRIVERS. (POSTPONED AT THE FEBRUARY 8, 2011, CITY COUNCIL MEETING.)
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Ordinance and place it on the March 22, 2011, Council meeting agenda for adoption. 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.
None.
NEW BUSINESS.
A.
CONSIDERATION OF THE BID AWARD TO DAVIS CONSTRUCTION CO., GRAND RAPIDS, AT THEIR LOW BID OF $1,455,218.00, FOR THE WASTEWATER TREATMENT PLANT REPLACEMENT AND UPGRADE CONSTRUCTION PROJECT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE ACTING DIRECTOR OF SEWAGE TREATMENT & FACILITIES.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the bid award to Davis Construction Co. 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 BID AWARD TO PAUL E. BENGEL COMPANY, AT THEIR LOW BID OF $37,665.00, FOR THE REPLACEMENT OF RADIATORS AT FIRE STATION 1, IN ACCORDANCE WITH THE RECOMMENDATION OF THE POLICE CHIEF.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the bid award to Paul E. Bengel Co. 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 THE REQUEST TO APPROVE A WAIVER TO EXCEED THE 80 PERCENT INCOME RULE FOR EMERGENCY HAZARD PROGRAM FOR PROPERTY LOCATED AT 129 GILBERT.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to postpone consideration of this matter for two weeks. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk—6. Nays: Councilmember Frounfelker--1. Absent: 0.
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CITY COUNCILMEMBERS’ COMMENTS. Councilmember Howe remarked that there is too much snow. Councilmember Greer stated that he is glad the City will conduct a special election and it is important that we have educational materials regarding public safety. Councilmember Frounfelker requested a breakdown of costs from City departments to conduct special events, thanked the snow plow drivers for a job well done and expanded on Councilmember Greer’s request for public safety educational materials. He would like to see ideas developed in-house before using an outside firm. Mayor Dunigan thanked Chief Heins and Deputy Chief Wooden for their presentation. She also thanked Shane LaPorte, President of the POLC- Non-supervisory Unit, for his email stating that his union supports public safety.
MANAGER’S COMMENTS.
Mr. Renando announced that the City Manager position is now being advertised.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:55 p.m.
Lynn Fessel
City Clerk