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JACKSON CITY COUNCIL MEETING MINUTES

DECEMBER 15, 2009

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

AGENDA.

Motion was made by Councilmember Breeding and seconded by Councilmember Greer to amend the Agenda by adding Item 4. A., Consideration of Rules of Order.  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 Frounfelker 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.

Councilmember Frounfelker welcomed Boy Scout Troop No. 309 from St. John’s Parish.

CONSIDERATION OF THE ADOPTION OF RULES OF ORDER FOR THE COUNCIL.

Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt rules of order, pursuant to Section 8.3 of the City Charter, as laid down in the latest edition/version of Roberts Rules of Order. 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.

PRESENTATIONS/PROCLAMATIONS.

• PRESENTATION BY EDUCATION ASSOCIATES OF MICHIGAN REGARDING THE SECOND ROUND OF INTERVIEWS FOR THE CITY MANAGER SEARCH PROCESS.
  
  Dave Steel, Education Associates of Michigan, reviewed a tentative schedule for second round interviews.
  
  
  1. CONSIDERATION OF THE RECOMMENDATIONS MADE BY EDUCATION ASSOCIATES OF MICHIGAN.
     
     Motion was made by Councilmember Greer to direct Education Associates of Michigan to attempt to schedule second round interviews for next Tuesday, the 22nd.  The motion died for lack of a second.
     
     Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the format for second round interviews and get back with Education Associates with a date and timeframe.  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. 

CITIZEN COMMENTS.

John Wilson, 1045 S. Durand Street, stated he doesn’t understand the roll that JCEG is trying to impose on the City Council and City residents regarding the City Manager search.  He encouraged the Council to finish what they started.

William Deary, 1907 N. Grovedale Avenue, discussed the success of his business and how that benefits Jackson.  He expressed concern with the two City Manager finalists.  He asked the Council to stop the City Manager search process and hire an interim City Manager who will provide for careful succession planning.

Salah Huwais, 4645 Eagle Drive, respectfully asked the Council to stop the City Manager search process and consider hiring someone local who knows our community.

Dale Moretz, representing the Chamber of Commerce and the Convention and Visitors Bureau, read a resolution adopted by the Chamber of Commerce on December 15, 2009, urging the City Council to stop the current search and selection process to a hire a City Manager and start over.  (A copy of this resolution will be kept as a permanent record with the proceedings of this meeting.)

David Hockenbrocht, 1736 Seven Oaks Drive, urged the Council to hire someone local for the position of City Manager.

Robert Michaels, 515 S. West Avenue, asked the City Council to open up the search and see what other candidates might be out there for the position of City Manager.

State Senator Mike Nofs distributed his contact information and stated he looks forward to working with the Council.  He wished everyone a Merry Christmas.

Lee Kaluza, Rives Junction, requested the Council consider adopting an ordinance requiring that shields be placed in taxicabs between the driver and the passengers.

Gordon Cannon, 1703 E. Michigan Avenue, asked that the process to revise the taxicab licensing ordinance move more quickly and that representatives from taxicab companies be included in the discussions.

Mike Sharp requested that Council slow down the process of hiring a new City Manager and look for some good, qualified local candidates.  He also asked that the $5,000.00 earnest money for the Hayes Hotel purchase option be returned.

State Representative Martin Griffin commended City staff for their hard work on the RTD Manufacturing loan request and urged the Council to approve the loan in the amount of $100,000.00.

Lisa Dedden Cooper, Economic Development Director for Congressman Mark Schauer, read a letter in support of RTD Manufacturing’s request for a Jobs Creation Loan in the amount of $100,000.00.  (A copy of this letter will be kept as a permanent record with the proceedings of this meeting.)

Bryant Ramsey, President of RTD Manufacturing, Inc., explained their need for and asked Council to support their request for a Jobs Creation Loan.  He also asked Council to consider waiving interest on the loan.

Tom Mathes, 137 N. Jackson Street, introduced himself as the new downtown business owner of Fortune Tommy’s Ice Cream Shop and offered Council a sample from his menu.

CONSENT CALENDAR.

Councilmember Frounfelker requested Items F, G and L be removed for separate consideration.  Mayor Dunigan requested Item N be removed for separate consideration.  Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, with Items F, G, L and N 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

• Approval of the minutes of the regular City Council meetings of November 10, and December 1, 2009.
• Approval of the minutes of the special City Council meetings of November 5, November 12, November 13, and December 4, 2009.
• 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 December 31, 2009, beginning at 10:00 p.m. on downtown streets, with police assistance.  (Recommended approval received from the Police, Fire, Traffic Engineering Departments and the Downtown Development Authority.  Proper insurance has been received.)
• Approval of Final Change Order No. 1 to the contract with Utility Services Authority, LLC, in the amount of $1,666.00, for the Michigan Avenue Sewer Rehabilitation -2009 Renewal, and authorization for the Interim City Manager, and the City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
• Approval of Final Change Order No. 1 to the contract with RJT Construction Company, in the decreased amount of $8,151.22, for the Brown Street Watermain Replacement project, and authorization for the Interim City Manager, and the City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
• Removed for separate consideration.
• Removed for separate consideration.
• Approval of the request to reject an offer to purchase a New Neighbor Home located at 1906 Plymouth, in accordance with the recommendation of the Community Development Director.
• Receipt of the City of Jackson’s summary of revenue and expenditures for four (4) months ended, October 31, 2009, and for five (5) months ended, November 30, 2009.
• Receipt with regret the resignation of William Howell Wynne from the Zoning Board of Appeals, effective immediately.
• Receipt with regret the resignation of Charles C. Reisdorf from the Local Development Finance Authority/Brownfield Redevelopment Authority, effective December 31, 2009.
• Removed for separate consideration.
• Receipt of CDBG Financial Summary report through October 31, 2009.
• Removed for separate consideration.
• Establishment of January 12, 2010, at the City Council meeting as the time and place to hold a public hearing on the following public improvements:
  
  Roll No. 3355 - Street Construction:  Daniel Road:  Higby Street to Wildwood Avenue
  Roll No. 3356 - Street Construction:  Wildwood Avenue:  Daniel Road to Wisner Street
  Roll No. 3357 - Street Construction:  Wildwood Avenue:  Wisner Street to West Avenue.
• Establishment of Community Development public hearings and approval of the timetable for the 2010-2011 Community Development Block Grant (CDBG) and HOME Funds application process.

CONSENT CALENDAR ITEM F.

Approval of Traffic Control Order No. (TCO) 2040, prohibiting parking on the east side of Mechanic Street from Cortland to 45 feet north of Cortland or from 50 feet south of Michigan Avenue to Michigan Avenue.  During the enforcement hours between 8 a.m. and 5 p.m., vehicles shall not remain parked for a period to exceed two (2) hours from 45 feet north of Cortland to 50 feet south of Michigan Avenue.  There shall also be a ten (10) minute load zone from 135 feet south of Michigan Avenue to 100 feet south of Michigan Avenue.  This action shall rescind TCO #2017, in accordance with the recommendation of the City Engineer.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve TCO #2040 and add a loading zone at 102 Francis St.  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 G.

Approval of Traffic Control Order No. (TCO) 2041, prohibiting parking on the south side of Cortland Street from 80 feet west of Francis Street to Francis Street and on the north side no vehicle shall be parked from Francis Street to 30 feet west of Francis Street.  On the remainder of the block during enforcement hours of 8 a.m. to 5 p.m., no vehicle shall remain parked for a period exceeding two (2) hours.  This action shall rescind TCO #2015, in accordance with the recommendation of the City Engineer.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve TCO #2041.  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 Frounfelker and seconded by Councilmember Greer to ask staff to look at and come back with a plan to bring back some 2-hour parking on the remainder of streets in the downtown and identify some spaces in each block to have individual, signed stalls for shorter term parking, providing a mix.  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 L.

Receipt of the Dangerous Building Report for October 31, 2009.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to receive the Dangerous Building Report for October 31, 2009.  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 N.

Receipt of a Summons and Complaint filed in Circuit Court by David Klein and All Brothers Investments, LLC, v. City of Jackson, and referral to the City Attorney for appropriate action.

Mayor Dunigan stated that Mr. Klein wishes to set a date for a meeting with her, the City Attorney and the appropriate City department to see if this can be worked out so it doesn’t have to go through the court system.

Motion was made by Councilmember Greer and seconded by Councilmember Breeding to receive the Summons and Complaint and refer it to the City Attorney for appropriate action. 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.

• ARECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
  
  1. CONSIDERATION OF COMPENSATION FOR INTERIM CITY MANAGER CHRISTOPHER W. LEWIS.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to postpone consideration of the report until a future meeting since the items were deleted from this 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.

APPOINTMENTS.

• APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT TERRENCE P. ANDERSON TO THE JACKSON HOUSING COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING OCTOBER 31, 2014.
  
  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. 
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT CHRISTOPHER GANCSOS TO THE ZONING BOARD OF APPEALS FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2011.
  
  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. 
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ANDREW DOTTERWEICH TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  Motion was made by Councilmember Frounfelker 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. 
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT CLYDE W. MAULDIN TO THE CITY PLANNING COMMISSION FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  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.
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT CONNIE KAY WILLIAMS AND S. BRADFORD WILLIAMS TO THE ELECTION COMMISSION FOR A FOUR-YEAR TERM EACH BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT MARTHA FUERSTENAU AND JOHN SCHAUB TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  Motion was made by Councilmember Frounfelker 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.
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT RANDALL MCMUNN, ASSISTANT CITY ENGINEER, TO THE JACKSON COUNTY COMPREHENSIVE TRAFFIC SAFETY PROJECT FOR A TWO-YEAR TERM BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2011.
  
  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.
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ANDREW DOTTERWEICH TO THE REGION 2 PLANNING COMMISSION FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  Motion was made by Councilmember Frounfelker 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.
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT JOHN HENEGAR AND GARY MINIX TO THE TELECOMMUNICATIONS ADVISORY BOARD FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  Motion was made by Councilmember Frounfelker 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. 
• APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT JEANNE L. KUBISH AND ANDREW DOTTERWEICH TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2012.
  
  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.
• APPROVAL OF THE APPOINTMENT AND REAPPOINTMENT OF THE MAYOR AND CITY COUNCILMEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES.
  
  Councilmember Greer nominated Councilmember Howe to serve on the City Employees Retirement System Board.
  
  Councilmember Howe nominated Councilmember Polaczyk to serve on the Telecommunications Advisory Board.
  
  Councilmember Gaiser stated he would serve on the Region 2 Planning Commission.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the entire slate of committee assignments for the Councilmembers.  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.
  
  Councilmember Breeding asked Mayor Dunigan to consider recommending the appointment of Michelle Woods to the Ella Sharp Park Board of Trustees.

PUBLIC HEARINGS.

• ITEM DELETED.
• ITEM DELETED.
• ITEM DELETED.
• ITEM DELETED.

RESOLUTIONS.

• CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES FOR 2010.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding 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.
• CONSIDERATION OF A RESOLUTION TO APPROVE, SUBJECT TO FINAL INSPECTION, A REQUEST TO TRANSFER OWNERSHIP OF A 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 128 W. MICHIGAN (FORMERLY THE CAPITOL CLUB), JACKSON, FROM WILLIAM M. DULLOCK TO HOLIDAY, INC.
  
  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.
• CONSIDERATION OF A CORRECTIVE RESOLUTION REDUCING STENCIL NO. 5-1070 ON DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE ROLL NO. 4186, BY $52.52.
  
  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, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Councilmember Howe-1.
• CONSIDERATION OF A RESOLUTION SUSPENDING ENFORCEMENT OF ORDINANCES THAT WOULD PROHIBIT THE POSSESSION AND USE OF FIRE ARMS WITHIN THE CITY AS IT APPLIES TO EMPLOYEES AND AGENTS OF AARON’S NUISANCE ANIMAL CONTROL DURING SAID DEER HARVEST WITHIN ELLA SHARP PARK DURING THE MONTHS OF JANUARY AND /OR FEBRUARY 2010.
  
  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.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to renew the contract with Aaron’s Nuisance Animal Control.  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. AUTHORIZATION FOR THE CITY MANAGER TO CLOSE ELLA SHARP PARK AND DESIGNATED STREETS ON AN AS-NEEDED BASIS DURING THE DATES AND TIMES THE DEER HARVEST OCCURS WITHIN THE PARK.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to authorize the City Manager to close Ella Sharp Park and designated streets.  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 A RESOLUTION AMENDING THE 2009-2010 BUDGET TO REFLECT RECEIPT OF THE DRIVE MICHIGAN SAFELY TASK FORCE GRANT, IN THE AMOUNT OF $8,297.00.
  
  
  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, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.
  

• CONSIDERATION OF A RESOLUTION TO APPROVE A MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) PERFORMANCE RESOLUTION RELATED TO THE ANNUAL PERMIT FOR TRUNKLINE RIGHT-OF-WAY, AUTHORIZATION FOR THE CITY CLERK TO EXECUTE THE RESOLUTION, AND AUTHORIZATION FOR THE CITY ENGINEER (STREET ADMINISTRATOR) TO EXECUTE THE PERMIT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
  
  
  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.
  

ORDINANCES.

• CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21, ARTICLE III, SUBSECTION 21-56(c), CITY CODE, AMENDING AGE QUALIFICATIONS FOR THE POLICE RESERVE UNIT.
  
  Motion was made by Councilmember Greer 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, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.

OTHER BUSINESS.

Motion was made by Councilmember Gaiser to stop the City Manager hiring process until after the first of the year and hire an interim City Manager and have that person hire an assistant to be mentored for the Manager’s position.  The motion died for lack of a second.

NEW BUSINESS

• CONSIDERATION OF THE REQUEST TO APPROVE THE FULL RETURN OF THE $5,000.00 EARNEST MONEY FROM THE HAYES HOTEL PURCHASE OPTION TO HOTEL HAYES DEVELOPMENT, LLC, CONTINGENT UPON EXECUTION OF A MUTUAL RELEASE TO BE PREPARED BY THE CITY ATTORNEY, AND EXECUTED BY HOTEL HAYES DEVELOPMENT, LLC, THE MAYOR AND THE CITY CLERK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
  
  Motion was made by Councilmember Polaczyk 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, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.
• CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO SCOBY CONSTRUCTION, HUDSON, IN THE AMOUNT OF $24,585.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 404 S. GRINNELL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
  
  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, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0. 
• CONSIDERATION OF THE REQUEST TO DIRECT COMMUNITY DEVELOPMENT STAFF TO REVISE THE CITIZEN PARTICIPATION PLAN FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to refer this matter to the City Affairs Committee for a 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. 
• CONSIDERATION OF THE REQUEST TO APPROVE THE MUTUAL AID AGREEMENTS BETWEEN THE CITY AND THE CHARTER TOWNSHIP OF BLACKMAN, AND THE CITY AND THE COUNTY OF JACKSON (INCLUDING THE JACKSON COUNTY SHERIFF’S OFFICE) FOR POLICE ASSISTANCE AND AID, IN ACCORDANCE WITH THE RECOMMENDATION OF THE POLICE CHIEF.
  
  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.
• CONSIDERATION OF THE REQUEST FOR AUTHORIZATION FOR THE INTERIM CITY MANAGER TO SIGN THE RENEWAL OF THE UNIFORM VIDEO SERVICE LOCAL FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the renewal of the agreement with a 5% provider fee.  The motion FAILED adoption by the following vote.  Yeas:  Councilmembers Howe and Greer-2.  Nays:  Mayor Dunigan and Councilmembers Breeding, Gaiser, Frounfelker and Polaczyk-5.  Absent:  0.
  
    Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to renew the agreement with a 3% provider fee.  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.   
• CONSIDERATION OF THE REQUEST FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) JOBS CREATION LOAN IN THE AMOUNT OF $100,000.00 PLUS TWO PERCENT INTEREST FOR RTD MANUFACTURING, INC., 1150 S. ELM STREET, INCLUDING THE FOLLOWING, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO EFFECTUATE THE CLOSING AS SOON AS POSSIBLE, IN ACCORDANCE WITH THE COMMUNITY DEVELOPMENT DIRECTOR:
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to provide the $100,000.00 Job Creation Loan to RTD and waive the 2% interest if the loan is paid back by June 30, 2010.
  
    Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to divide the question.  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.
  
  Motion was made by Mayor Dunigan and seconded by Councilmember Gaiser to amend the motion by changing the amount of the loan from $100,000.00 to $64,000.00.  The motion FAILED adoption by the following vote.  Yeas:  Mayor Dunigan and Councilmember Gaiser-2.  Nays:  Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-5.  Absent:  0.
  
    Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to provide the $100,000.00 loan.  The motion was adopted by the following vote.  Yeas:  Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-5.  Nays:  Mayor Dunigan and Councilmember Gaiser-2.  Absent:  0.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to charge RTD 0% interest to June 30, 2010, and charge them a $5,000 penalty if the loan is not repaid by June 30, 2010. 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.
  
  
  1. MODIFY THE MINIMUM INVESTMENT OF $500,000.00 TO $250,000.00 TO INCLUDE CONSTRUCTION AND EQUIPMENT;
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to modify the minimum investment.  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.
   
  2. MODIFY THE MAXIMUM AMOUNT OF CDBG FUNDS PER JOB FROM $5,000.00 TO $10,000.00;
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to modify the maximum amount of CDBG funds.  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.
   
  3. AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT;
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to authorize execution of the development agreement.  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.
   
  4. APPROVAL OF A SECURITY AGREEMENT;
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the security agreement.  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. APPROVAL OF A PROMISSORY NOTE, AND
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve a promissory note.  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.
   
  6. ADOPTION OF A RESOLUTION FOR A BUDGET AMENDMENT TO ALLOCATE MONIES FROM THE CITYWIDE REHABILITATION ACCOUNT IN THE AMOUNT OF $36,000.00 TO THE JOB CREATION INITIATIVE ACCOUNT.
     
       Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-5.  Nays:  Mayor Dunigan and Councilmember Gaiser-2.  Absent:  0.
   

  
  

• CONSIDERATION OF THE MAYOR’S REQUEST TO DIRECT THE CITY’S PARLIAMENTARIAN TO DETERMINE WHETHER THE AMENDMENT TO ELIMINATE CAR ALLOWANCES, WHICH WAS ATTACHED TO A MOTION TO GRANT NON-UNION EMPLOYEES A THREE PERCENT PAY RAISE AND WAS APPROVED BY THE COUNCIL, REMAINS IN EFFECT NOTWITHSTANDING THE FACT THAT THE MOTION TO GRANT NON-UNION PAY RAISES DID NOT RECEIVE FINAL APPROVAL BY THE COUNCIL AT A SUBSEQUENT MEETING.
  
  
  Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to confirm and/or reconfirm the action taken on October 6, 2009, to eliminate Line Item No. 861-Vehicle Allowance from the following department budgets:  172-Manager, 210-Attorney, 253-Treasurer, and 301-Police for a total savings of $19,200.00, effective immediately.
  
   

  Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to amend the motion to forward the vehicle allowance line item for the Treasurer to the Local Officers Compensation Commission for their information.  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, Gaiser, Frounfelker and Polaczyk-5.  Nays:  Councilmembers Howe and Greer—2.  Absent:  0. 
  

• CONSIDERATION OF THE MAYOR’S REQUEST TO ESTABLISH WORK SESSIONS FOR CITY COUNCILMEMBERS ONE HOUR PRIOR (6:00 P.M.) TO EACH REGULARLY SCHEDULED CITY COUNCIL MEETING.
  
  
  Motion was made by Councilmember Gaiser that work sessions be established one hour prior to each Council meeting.
  
   
  Motion was made by Councilmember Greer and seconded by Councilmember Howe to postpone consideration of this matter until the next regularly scheduled Council meeting.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Howe, Greer and Polaczyk-5.  Nays:  Councilmembers Gaiser and Frounfelker-2.  Absent:  0.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Howe wished everyone a Merry Christmas and Happy New Year.

Councilmember Greer echoed Councilmember Howe’s comments and stated that he is interested in finding out if the audio in the Council Chambers is working correctly.

Councilmember Gaiser thanked everyone who expressed their comments and concerns this evening.  He wished RTD Manufacturing the most luck in the process and he looks for an early return of our money.

Councilmember Frounfelker thanked his colleagues for supporting RTD Manufacturing and stated he was happy that the City is able to offer help to businesses.  He also thanked American 1 Federal Credit Union for donating passes to the Nite Lites event at the fairgrounds to residents of Partnership Park.  He expressed hope that the Council could get back to Education Associates by Thursday so that the second round interviews can be scheduled.

Councilmember Polaczyk announced that Lt. Chris Simpson will conduct a neighborhood meeting on December 16 at 7:00 p.m. in the 10th floor conference room in City Hall in response to the break-ins in the 6th Ward.  He thanked Tom Mathes for the offer of ice cream, but said he would like his ice cream taken to the AWARE shelter.  He closed by wishing everyone a Merry Christmas.

Mayor Dunigan thanked Community Development Director Carol Konieczki and her staff for a wonderful job with the RTD Manufacturing project.  She pointed out that unfortunately one of our corporate citizens got some bad press over this process.  Citizens Bank has been a very responsible corporate citizen and they are one of our leading lenders for small business loans.  She thanked them for all they have done and will do for our City.

CITY MANAGER’S COMMENTS.

None.

EXECUTIVE SESSION TO DISCUSS LEGAL OPINIONS.

Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to go into closed executive session. 

Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to divide the question.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Howe, Greer and Gaiser-4.  Nays:  Councilmembers Breeding, Frounfelker and Polaczyk-3.  Absent:  0. 

Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to go into closed executive session to discuss the legal opinion concerning the former Director of Public Services.  The motion was adopted by the following vote.  Yeas:  Councilmembers Greer, Gaiser, Frounfelker and Polaczyk-4 Nays:  Mayor Dunigan and Councilmembers Breeding and Howe-3.  Absent:  0. 

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to go into closed executive session to discuss the legal opinion concerning William Ross.  The motion FAILED adoption by the following vote.  Yeas:  Councilmembers Greer, Frounfelker and Polaczyk-3.  Nays:  Mayor Dunigan and Councilmembers Breeding Howe and Gaiser-4.  Absent:  0. 

City Attorney Giglio discussed the opinion he gave Council concerning Mr. Ross’s separation benefits. 

Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to continue with the path that we’re on and direct the City Attorney to pay Mr. Ross no more than what he is legally able to receive from the City.  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 Council went into closed Executive Session.

RETURN TO OPEN SESSION.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to return to open session.  The motion was adopted by unanimous voice vote.

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 9:55 p.m. 

Lynn Fessel
City Clerk