JACKSON CITY COUNCIL MEETING
MINUTES
MAY 24, 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 Greer.
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, Deputy Police Chief John Holda, City Engineer Jon Dowling, Interim Deputy Fire Chief Dave Wooden, Deputy City Manager/Community Development Director Patrick Burch and Finance Director Philip Hones.
AGENDA.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to add Item 13.A. to the agenda under Other Business regarding a letter to Michigan State Treasurer Andy Dillon. 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 Polaczyk 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.
Mayor Dunigan recognized Councilmember Greer who was recently elected to the position of MML Regional President for our region.
CITIZEN COMMENTS.
5/24/11 2
Michelle LaVoy Foster thanked DDA for the summer plantings and the Mayor for being proactive with the City’s finances.
Roger Maufort offered his services to help create a City ordinance regarding medical marijuana.
Gerald Montgomery inquired about the health management program for the Fire Department and the preparation of a storm water management manual.
Scott Aughney discussed the cancellation of a meeting he had scheduled with the City Treasurer. He also commented on the Mayor’s remarks regarding the Grotto Club.
Mack Quarrels, Jr. reported that he is a candidate for Second Ward City Councilmember and remarked that his main concern is the safety of our community.
Dustin Krasny, local field representative, gave an update from Congressman Walberg’s office.
County Commissioners Mike Way and Jon Williams challenged the City to an ice cream scooping contest during the County Fair, which runs from August 8 through August 13.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Councilmember Breeding requested Item I be removed for separate consideration. Councilmember Greer requested Item J be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the following Consent Calendar, with Items I and J 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 May 10, 2011, and special meeting minutes for May 11, and 12, 2011.
B.
Approval of City license renewals for the year ending April 30, 2012, in accordance with the recommendation of the City Clerk.
C.
Approval of the payment of the Region 2 Planning Commission invoice in the amount of $10,863.17 for planning services for the month of April 2011, in accordance with the recommendation of the City Manager.
D.
Approval of the request from the City Planning Commission to rezone several city-and state-owned properties on the west side of Cooper Street to C-3 (central commercial) from I-2 (general industrial) and 211 S. Cooper and the properties that comprise the AMTRAK station to C-4 (general commercial) from I-2 (general industrial).
E.
Approval of the request from Bella Notte Ristorante for temporary authorization from the Liquor Control Commission to serve at the live music concerts (Jammin’ in Jackson) on June 9, June 23, July 7, July 21, August 4, and August 25, 2011, in Bucky Harris Park. (Proper insurance coverage received. Contingent upon department approvals.)
F.
Approval of the request from the Downtown Development Authority to conduct Jammin’ in Jackson at Bucky Harris Park on the following Thursday evenings: June 9, June 23, July 7,
5/24/11 3
July 21, August 4 and August 25, 2011, from 5:00 to 7:00 p.m. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Insurance is covered under the City of Jackson.)
G.
Approval of the request from P & T Fitness to conduct the 3rd Annual Mick Webster Memorial Ride starting downtown and continuing throughout the county on Saturday, July 23, 2011, from 9:00 a.m. to 2:00 p.m., with street closures and police assistance requested. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
H.
Approval of the request from the Interim Deputy Fire Chief to approve a Service Line Agreement between Allegiance Health and the City of Jackson Fire Department, to participate in the, “It’s Your Life” health management program, at a cost of $145 per employee, as required within the current Labor Agreement with the Professional Fire Fighters Union.
I.
Removed for separate consideration.
J.
Removed for separate consideration.
K.
Receipt of the Dangerous Building Report through April 30, 2011.
L.
Receipt of the CDBG and HOME Financial Summaries Report through April 30, 2011.
M.
Receipt of the City of Jackson’s summary of revenue and expenditures for ten (10) months ended, April 30, 2011.
N.
Receipt of a petition filed by Target Corporation with the Michigan Tax Tribunal and referral to the City Assessor and City Attorney for appropriate action.
O.
Referral of an application to the City Planning Commission from Greater Bible Way Temple to rezone property located at 334 Jefferson, from R-1 to R-3.
P.
Referral of an application to the City Planning Commission from Frances Keane (House of New Beginnings, Inc.) to rezone property located at 511 S. Jackson Street, from C-3 to R-4.
CONSENT CALENDAR ITEM I.
Approval of the request from the City Engineer/Director of Public Works to amend the contract with Tetra Tech in the lump sum amount of $24,500.00, for preparation of a proposed storm water management manual, and authorization for the City Manager and City Engineer/Director of Public Works to execute the appropriate document(s).
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. 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.
CONSENT CALENDAR ITEM J.
Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Water and Wastewater Treatment Plants for fiscal year 2011-2012, and authorization for the Mayor and City Clerk to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer/Director of Public Works, and the Utility Director.
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.
5/24/11 4
COMMITTEE REPORTS.
A. RECEIPT OF THE RULES AND PERSONNEL COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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 S. BRADFORD WILLIAMS AND STEVEN DUKE TO THE LOCAL DEVELOPMENT FINANCE AUTHORITY/BROWNFIELD REDEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM EACH, BEGINNING JUNE 4, 2011, AND ENDING JUNE 3, 2015.
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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT PATRICIA ANN DAVIS-DYE TO THE JACKSON HOUSING COMMISSION FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING OCTOBER 30, 2011.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk 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.
A.
CONSIDERATION OF A RESOLUTION AUTHORIZING ANDREA JACKSON’S DAUGHTER GAYLYNN BAILEY TO SELL COLD DRINKS IN THE CENTRAL BUSINESS DISTRICT, BEGINNING JUNE 13, 2011, THROUGH JULY 15, 2011.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to adopt the resolution and waive the requirement for a bond. 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.
FORMAL ACTION REGARDING THE PROPOSED FISCAL YEAR 2011-2012 ANNUAL BUDGET:
1.
RESOLUTION ADOPTING THE FISCAL YEAR 2011-2012 ANNUAL BUDGET PROVIDING APPROPRIATIONS FOR VARIOUS FUNDS (EXCEPT FOR THE
5/24/11 5
CDBG FUNDS WHICH ARE ADOPTED SEPARATELY), AMENDING THE CURRENT FISCAL YEAR 2010-2011 BUDGET TO THOSE AMOUNTS PROJECTED, AND ORDERING A TAX LEVY.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding--1. Absent: 0.
C.
CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE DOWNTOWN DEVELOPMENT AUTHORITY:
1.
ADOPTION OF A RESOLUTION ORDERING A LEVY OF 1.9996 MILLS IN THE DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR 2011-2012.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution. 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.
2.
APPROVAL OF THE FISCAL YEAR 2011-2012 DDA OPERATIONS AND TIF BUDGETS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the fy 2011-2012 DDA Operations and TIF budgets. 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.
ORDINANCES.
A.
FINAL ADOPTION OF ORDINANCE NO. 2011.09, AMENDING CHAPTER 2, ARTICLE VI, CITY CODE, CORRECTING ANY ERROR IN RECORDS OR OVERPAYMENTS AND UNDERPAYMENTS IN BENEFITS PAID TO A MEMBER, RETIRANT, OR BENEFICIARY OF THE CITY’S RETIREMENT SYSTEM.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2011.09. 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 A LETTER TO MICHIGAN STATE TREASURER ANDY DILLON REGARDING THE CITY’S 2011-2012 BUDGET AND CITY FINANCES.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to receive the letter and approve the letter, that it be attached to the minutes and transmitted to Mr. Andy Dillon, with copies to our State Senator, our State Representative, the news media and the Michigan Municipal League. The motion was adopted by the following vote. Yeas:
5/24/11 6
Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—5. Nays: Mayor Dunigan and Councilmember Gaiser—2. Absent: 0.
NEW BUSINESS.
A.
CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO SALENBIEN TRUCKING AND EXCAVATING, INC., DUNDEE, AT THEIR LOW BID AWARD OF $729,317.79, FOR THE MASON STREET AND WILKINS STREET WATER MAIN AND RECONSTRUCTION CDBG PROJECT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS.
Motion was made by Councilmember Greer 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.
B.
CONSIDERATION OF COUNCILMEMBER BREEDING’S REQUEST TO RENAME THE FOLLOWING POSITIONS:
1.
REMOVE THE DEPUTY TO THE CITY MANAGER TITLE AND RESTORE THE COMMUNITY RELATIONS LIAISON TITLE, AND
Motion was made by Councilmember Howe and seconded by Councilmember Breeding to approve Councilmember Breeding’s request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Greer—1. Absent: 0.
2.
REMOVE THE ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR TITLE AND RENAME TO DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to approve Councilmember Breeding’s 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.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to go into closed executive session. 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.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by unanimous voice vote.
CITY COUNCILMEMBERS’ COMMENTS.
5/24/11 7
Councilmember Gaiser thanked City Manager Renando for his service to the City. He also inquired about a public hearing on the one-way pairs (Washington and Franklin Streets) and stated this is a very bad time, financially, to do this. Councilmember Frounfelker also expressed his appreciation to Mr. Renando for his service. Councilmember Polaczyk thanked Mr. Renando for his service and asked him to attend the June 1 City Planning Commission meeting. Councilmember Greer thanked Mr. Renando, giving him major kudos on a “thankless” job. He also discussed inviting the consultant who offered his services regarding financial management to a special meeting or workshop. Councilmember Howe thanked Mr. Renando and stated it was a “hoot” working with him. Mayor Dunigan expressed her appreciation for Mr. Renando’s service and remarked that they proved to everyone who said they could not work together that they were wrong.
MANAGER’S COMMENTS.
City Manager Renando discussed the unusual circumstances of the past year, the closing of fire stations, the reduction in the City’s workforce and the recalculating of pensions. As a result of these, and Council’s hard decisions, the City has a balanced budget, a fund balance and an A minus bond rating. He praised the Council, employees and department heads.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:47 p.m.
Lynn Fessel
City Clerk