JACKSON CITY COUNCIL MEETING MINUTES

MARCH 23, 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 Polaczyk.

ROLL CALL.

Present:  Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Kenneth E. Gaiser and John R. Polaczyk-5.  Absent at roll call with excuse:  Councilmembers Daniel P. Greer and Andrew R. Frounfelker-2.

  Also Present:  Interim City Manager Christopher W. Lewis, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.

AGENDA.

Councilmember Polaczyk requested that Item 13. A. under Other Business be divided as follows:  13.A.1. Consideration of the Jackson Fire Department Fire-Transport Proposal, and referral to the Finance Committee for their review and recommendation. 13.A.2. Consideration of the Jackson Area Fire Apparatus Maintenance Proposal and referral to the Finance Committee for their review and recommendation.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to adopt the agenda, as amended.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Howe, Gaiser and Polaczyk-5.  Nays:  0.  Absent:  Councilmembers Greer and Frounfelker—2. 

CITIZEN COMMENTS.

Thomas Ratchford briefly discussed the City’s population and the history of police staffing levels, stating he doesn’t think there has been much cutting done.  He also stated he believes the proposed special assessment on his property at 109 E. Cortland Street for meterless parking is incorrect.  He requested the Council take a look at the proposed roll and get it straightened out.

Councilmember Frounfelker arrived at 7:08 p.m. and Councilmember Greer arrived at 7:10 p.m.

Abelardo Moralez discussed Jackson Police Department Incident No. 10-008235. He also complained about his neighbors and various problems in the 700 block of Page Avenue.

Rusty Holdridge, MAPE President, questioned if it is fiscally wise to hire Warren Renando at $112,000 a year when the job is already being done.  The focus should be on hiring a permanent city manager.  He also discussed the fire apparatus maintenance proposal, stating he would like the maintenance work kept within the MAPE unit.

Jason Covalle and Rod Walz spoke in support of the request from Jackson Public Schools for the delegation of inspection authority to the City.

Eric Miller, DPW employee, spoke in opposition to the hiring of Warren Renando for monetary reasons.

Bob Johnson spoke in support of hiring Warren Renando whom he worked with for a number of years. 

PRESENTATIONS/PROCLAMATIONS.

• PRESENTATION OF SPEECHES OF FOUR FIRST PLACE WINNERS OF THE HUMAN RELATIONS COMMISSION 20TH ANNUAL TERESSA T. DELPH ESSAY/ORATORICAL CONTEST.
  3RD & 4TH GRADES - SOFIA SILVESTRI, EZRA EBY ELEMENTARY SCHOOL
  5TH & 6TH GRADES - DENIKA TURNER, FROST ELEMENTARY SCHOOL
  7TH & 8TH GRADES - TYLER HALL, MIDDLE SCHOOL AT PARKSIDE
  9TH - 12TH GRADES - TYLER SILVESTRI, NAPOLEON HIGH SCHOOL
  
  Sofia Silvestri, Denika Turner and Tyler Silvestri delivered their award winning speeches.  Tyler Hall was not present.
  
  Mayor Dunigan extended a special thank you to Frank Weathers and the Human Relations Commission for holding this annual contest.

CONSENT CALENDAR.

Councilmember Breeding requested Item J be removed for separate consideration and Councilmember Frounfelker request Item K be removed for separation consideration.  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Items J and K removed for separation 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

• Approval of the minutes of the regular City Council meeting of March 9, 2010.
• 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, and hold a short program on April 1, 2010, 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 and Parks/Forestry Departments, and the Downtown Development Authority.  Hold Harmless Agreement has been executed in lieu of insurance coverage.)
• Approval of the request from Orthopaedic Rehab 8K Run Committee to hold their annual run/walk on City streets on Saturday, April 10, 2010, beginning at Kuhl’s Bell Tower Market at 8:00 a.m. and ending at the same, with street closures, police assistance at major intersections, and use of the small bandstand trailer from the Department of Public Services.  (Recommended approvals received by the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority.  Proper insurance coverage received.)
• Approval of the request from the March of Dimes to conduct their annual March for Babies event on City streets, with police assistance, on Sunday, April 25, 2010, from 10:30 a.m. until 5:00 p.m. (walk begins at 2:00 p.m., beginning and ending in Ella Sharp Park.  (Recommended approval received from the Police, Fire, Engineering, Public Services and Parks/Forestry Departments.  Insurance coverage received and approved.)
• Approval of the request from Advance Packaging Corporation to conduct their annual Advance Packaging 5000 5K Run/Walk on Friday, May 14, 2010, beginning at 7:00 p.m., with police assistance and closure of one westbound lane of E. High Street from Executive Drive to Elm Street, and completely close westbound High Street from 6:55 p.m. to 7:05 p.m. from Executive Drive to 2400 E. High Street.  (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Works Departments.  Proper insurance coverage received.)
• Approval of the request from the Jackson County Rose Festival, Inc., to (1) close W. Wesley Street from First Street to S. Jackson Street, W. Franklin from First Street to S. Jackson Street, Mason Street from First Street to S. Jackson Street, on Sunday, June 6, 2010, between 10:00 a.m. and 2:00 p.m. (2) close S. Jackson Street from W. Wesley to Wilkins Street, Greenwood Avenue from S. Jackson Street to Fourth Street, and Fourth Street from Griswold to Alpine Lake Road between 12:30 p.m. and 3:00 p.m., (3) close Oakwood Drive from E. Hickory to Walnut Lane within Sharp Park, beginning at 10:00 a.m., to conduct the 52nd annual Rose Parade, and (4) hold the Party in the Park, at Ella Sharp Park on Sunday, June 6, 2010, beginning at 2:00 p.m.  (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works, and Parks/Recreation Departments and the Downtown Development Authority.  Proper insurance coverage received.)
• Approval of the Community Development Block Grant (CDBG) 2010-2011 Consolidated Plan Draft (One-Year Action Plan), and authorization for its dissemination for public comment within the statutory timetable of thirty (30) days.
• Receipt of the Notice of Class Action in the matter of City of Riverview, et al. - vs - State of Michigan and Michigan Department of Environmental Quality, and referral to the City Attorney’s office for proper handling
• Receipt of the Dangerous Building Report through February 28, 2010.
• Removed for separate consideration.
• Removed for separate consideration.

CONSENT CALENDAR ITEM J.

Receipt of CDBG Financial Summary Report through February 28, 2010.

Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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. 

CONSENT CALENDAR ITEM K.

Receipt of the Downtown Parking Survey Report, and referral to the City Affairs Committee for their review and recommendation.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to receive and refer the report to the DDA’s Parking Advisory Committee.  The motion and second were withdrawn.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to receive and refer the report to the DDA’s Parking Advisory Committee and request a recommendation at the next regular Council meeting.  The motion and second were withdrawn.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to restore the 2-hour parking or equivalent to what was in place prior to the change.  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.

• CONSIDERATION AND RECEIPT OF THE FINANCE COMMITTEE REPORT.
  
  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.
  
  
   
  1. REFERRAL OF THE CITY DEPUTY POSITIONS, PART-TIME VS. FULL-TIME, TO THE CITY COUNCIL.
     
     Motion was made by Councilmember Breeding and seconded by Councilmember Howe to reconfirm the Interim City Manager’s action reducing the deputy positions to part-time.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6.  Nays:  Councilmember Gaiser—1.  Absent:  0.

• RULES AND PERSONNEL COMMITTEE.
  
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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.
  
  
  

  1. CONSIDERATION OF AN AGREEMENT FOR THE INTERIM CITY MANAGER SERVICES.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to concur with the consensus of the Committee on all items where there was consensus, a salary of $56,000 per 6-month period, sick leave and vacation and a 12-month contract with 1 six-month renewal.  The motion and second were withdrawn.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to offer the position of Interim City Manager to Warren Renando.  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.
     
       Council recessed at 7:56 p.m. and reconvened at 8:02 p.m.

APPOINTMENTS.

• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ROBERT SIMMONS AND JEANNETTE WOODARD TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM EACH, BEGINNING MARCH 30, 2010, AND ENDING MARCH 31, 2014.
  
  Motion was made by Councilmember Breeding and seconded by Councilmember Howe to ratify the appointment of Robert Simmons.  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 Greer and seconded by Councilmember Polaczyk to reappoint Jeannette Woodard.  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. 

PUBLIC HEARINGS.

• PUBLIC HEARING ON THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA OF THE CITY FOR 2010-2011.
  
  Mayor Dunigan opened the public hearing.  No one spoke; the Mayor closed the public hearing.
  
  
  1. RESOLUTION DETERMINING THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM, ORDERING THE CITY ASSESSOR TO PREPARE SPECIAL ASSESSMENT ROLL NOS. 4187 AND 4188, AND ESTABLISHING APRIL 27, 2010, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING CONFIRMING THE METERLESS PARKING SYSTEM ASSESSMENT ROLLS.
     
     Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the resolution.
     
       Motion was made by Councilmember Breeding and seconded by Councilmember Howe to amend the motion to include the comments made by Thomas Ratchford during Citizen Comments.  Mr. Ratchford believes the proposed special assessment on his property at 109 E. Cortland Street is incorrect.  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.
     
     The main motion, as amended, was voted on and adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.




• PUBLIC HEARING TO CONSIDER RESCINDING A BROWNFIELD PLAN FOR 228 W. MICHIGAN AVENUE (FORMER HAYES HOTEL) FOR HAYES COMMONS, LLC.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; the Mayor closed the public hearing.
  
  
  

  1. RESOLUTION RESCINDING THE BROWNFIELD PLAN, SUBJECT TO APPROVAL AND MINOR MODIFICATIONS BY THE CITY ATTORNEY.
     
     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.

RESOLUTIONS.

• CONSIDERATION OF A RESOLUTION APPROVING ENTERING INTO A COST-PARTICIPATION AGREEMENT AND CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY IN THE TOTAL AMOUNT OF $318,100.00, FEDERAL SHARE BEING $316,973.08, AND THE CITY SHARE BEING $1,126.92, FOR FULL DEPTH ASPHALT PAVEMENT REPLACEMENT, CURB SPOT REPAIRS AND SIDEWALK CONSTRUCTION WHERE MISSING ON WEST ARGYLE STREET FROM NORTH WISNER STREET TO NORTH WEST AVENUE.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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.

• CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5, CITY CODE, ADDING ARTICLE VIII TO DESIGNATE THE BUILDING OFFICIAL AS THE ENFORCING AGENCY TO DISCHARGE THE FLOODPLAIN MANAGEMENT RESPONSIBILITY OF THE CITY OF JACKSON, JACKSON COUNTY, MICHIGAN.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the ordinance and place it on the next 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.

• CONSIDERATION OF THE JACKSON FIRE DEPARTMENT FIRE-TRANSPORT PROPOSAL, AND REFERRAL TO THE FINANCE COMMITTEE FOR THEIR REVIEW AND RECOMMENDATION.  (POSTPONED AT THE FEBRUARY 23, 2010, CITY COUNCIL MEETING.)
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to postpone this matter indefinitely.  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
• CONSIDERATION OF THE JACKSON AREA FIRE APPARATUS MAINTENANCE PROPOSAL, AND REFERRAL TO THE FINANCE COMMITTEE FOR THEIR REVIEW AND RECOMMENDATION.  (POSTPONED AT THE FEBRUARY 23, 2010, CITY COUNCIL MEETING.)
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to refer this matter to the Finance Committee.  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
• CONSIDERATION OF THE 2010 BUILDING INSPECTION DIVISION FEE ADJUSTMENT SCHEDULE, (FINANCE COMMITTEE RECOMMENDS APPROVAL).
  
  Motion was made by Councilmember Breeding to not approve the schedule.  The motion died for lack of a second.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Howe to concur with the Finance Committee recommendation.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to postpone consideration of this matter until the next regular Council meeting.  The motion was adopted by the following vote.  Yeas:  Councilmembers Breeding, Howe, Gaiser and Polaczyk-4.  Nays:  Mayor Dunigan and Councilmembers Greer and Frounfelker-3.  Absent:  0.

NEW BUSINESS.

• CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID CONTRACT AWARD TO JULE SWARTZ & SONS EXCAVATING, IN THE AMOUNT OF $322,921.37, FOR THE MONROE STREET WATERMAIN REPLACEMENT CONTRACT FOR WATERMAIN REPLACEMENT ON MONROE STREET BETWEEN CLINTON ROAD AND BLACKSTONE STREET, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER, AND THE PURCHASING AGENT.
  
  Motion has 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
• CONSIDERATION OF THE REQUEST TO AMEND A PROFESSIONAL SERVICES AGREEMENT (PSA) CONTRACT WITH CP FEDERAL CREDIT UNION FOR SERVICES PROVIDED TO THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), SUBJECT TO MINOR MODIFICATIONS BY THE CITY ATTORNEY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY AND THE COMMUNITY DEVELOPMENT DIRECTOR.
  
  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
• CONSIDERATION TO APPROVE THE REQUEST FROM JACKSON PUBLIC SCHOOLS FOR THE CITY TO ACCEPT THE DELEGATION OF SCHOOL INSPECTION AUTHORITY TO A LOCAL UNIT OF GOVERNMENT ENFORCING AGENCY, MICHIGAN DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH, TO CONDUCT INSPECTIONS OF ALL SCHOOL BUILDING CONSTRUCTION, AS WELL AS THE REVIEW OF ANY REQUIRED CONSTRUCTION DOCUMENTS, AND AUTHORIZATION FOR THE MAYOR AND CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
  
  Motion was made by Councilmember Frounfelker 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

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Breeding asked if it was true that the City is buying bottled water for consumption in City Hall.  If this is true, why are we not drinking City water?

Councilmember Greer stated that meetings for strategic planning need to be scheduled.

Mayor Dunigan encouraged everyone to participate in the 2010 Census.  She announced that City leadership will walk to the post office to mail their census information on April 1 and extended an invitation to anyone who would like to join them.  She also stated that she and Interim City Manager Lewis will work on scheduling special budget workshop meetings. 

MANAGER’S COMMENTS.

Interim City Manager Lewis reported he has been attending monthly Township Supervisors meetings.  He said the meetings are beneficial, a great place to network and he will forward future invitations to Councilmembers.

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 8:28 p.m. 

Lynn Fessel
City Clerk