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JACKSON CITY COUNCIL MEETING MINUTES

JANUARY 12, 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 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:  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 Polaczyk to have the presentation of the City’s audit report after Citizen Comments and to consider Item E prior to Item D under New Business.  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 Councilmember Howe and seconded by Councilmember Greer to adopt the agenda, as amended 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.

CITIZEN COMMENTS.

Tom Mathes, 137 N. Jackson Street, explained to the Council that after a snow storm he had to wait to have snow removed from his business location from Friday until the next Monday.  He thanked Interim City Manager Lewis for personally visiting his business and stating that, in the future, he would not have to wait this length of time for snow removal.

Glenn Chinavare, 2009 Glen Drive, addressed the Council discussing his separation from City service.  He humbly requested Council to do the right thing and stated that it has been a privilege to serve and it will continue to be a privilege to serve this community.

Scott Aughney, 707 N. Park, introduced himself as a candidate for the U.S. Congress and asked the Council to consider small businesses in the future.

PRESENTATIONS/PROCLAMATIONS.

• PRESENTATION BY MARK KETTNER, REHMANN ROBSON, OF THE CITY OF JACKSON’S AUDIT REPORT FOR FISCAL YEAR 2008/09.
  
  Mr. Kettner briefly discussed the audit report, highlighting the Independent Auditors’ Report, the General Fund income statement, the Governmental Funds balance sheet, Water and Sewer Funds and one insignificant finding.
  
  Motion was made by Councilmember Gaiser 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.
  1. REVIEW OF MANAGEMENT LETTER COMMENTS AND SUGGESTIONS AND RECEIPT OF CITY RESPONSES.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive 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 Polaczyk and seconded by Councilmember Greer 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.

Consent Calendar

• Approval of the minutes of the regular City Council meeting of December 15, 2009.
• Approval of the payment of the Region 2 Planning Commission Invoices, in the amount of $8,982.32 and $10,411.13, for planning services for the months of October and November 2009, respectively, in accordance with the recommendation of the Interim City Manager.
• Approval of the request of Jackson Right to Life to conduct their annual memorial motorcade on city streets, Saturday, January 16, 2010, beginning at 10:30 a.m.  (Recommended approval received from the Police, Fire, Traffic Engineering and Public Services Departments.  Proper insurance coverage received.)
• 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 6, 2010, at Bucky Harris Park.  (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority.  Hold Harmless Agreement executed in lieu of insurance coverage.)
• Receipt of CDBG Financial Summary Report through November 30, 2009.
• Receipt of the 2010-2011 CDBG Proposal Book (already distributed), and reaffirmation of the establishment of the January 26, 2010, 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.
• Establishment of the January 26, 2010, City Council meeting as the date and time to hold a Public Hearing to consider an amendment to a Brownfield Plan for MiraMed Revenue Group, for property located at 249-269 W. Michigan Avenue, to include property located at 230 W. Cortland Street, as recommended by the Jackson Brownfield Redevelopment Authority (JBRA), and the Community Development Director.
• Establishment of the January 26, 2010, City Council meeting as the date and time to hold a Public Hearing to consider an Obsolete Property Rehabilitation District (OPRD #7) at property located at 230 W. Cortland Street.
• Establishment of the January 26, 2010, City Council meeting as the date and time to hold a Public Hearing to consider an Obsolete Property Rehabilitation Act (OPRA) Tax Exemption Certificate for property located at 230 W. Cortland Street.
• Establishment of the January 26, 2010, City Council meeting as the date and time to hold a Public Hearing to consider a Personal Property Act Tax Exemption Certificate (PA 328) for property located at 230 W. Cortland Street.

COMMITTEE REPORTS.

None.

APPOINTMENTS.

• APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT STEVEN DUKE TO THE LOCAL DEVELOPMENT FINANCE AUTHORITY/BROWNFIELD REDEVELOPMENT AUTHORITY FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING JUNE 3, 2011.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Mayor’s 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.

RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to recess as City Council and convene as a Board of Review.  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 HEARING ON SPECIAL ASSESSMENT ROLL NO. 3355 FOR STREET CONSTRUCTION ON DANIEL ROAD FROM HIGBY STREET TO WILDWOOD AVENUE.
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  1. RESOLUTION CONFIRMING ROLL NO. 3355.
     
     Motion was made by Councilmember Breeding 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.




• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3356 FOR STREET CONSTRUCTION ON WILDWOOD AVENUE FROM DANIEL ROAD TO WISNER STREET.
  
  
  Mayor Dunigan opened the public hearing.  Marsha Carter, 1313 Wildwood, asked that her assessment be reduced or the interest waived.  She also asked if the alley adjacent to her property could be better maintained by the City.  Scott Aughney, 707 N. Park, remarked that the Council is not concerned with private business.  The City Clerk reported on correspondence received from William Powell, 1201 Wildwood, protesting his special assessment.  The Mayor closed the public hearing.
  

  1. RESOLUTION CONFIRMING ROLL NO. 3356.
     
     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.

 


• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3357 FOR STREET CONSTRUCTION ON WILDWOOD AVENUE FROM WISNER STREET TO WEST AVENUE.
  
  
  Mayor Dunigan opened the public hearing.  Aaron Pritchett, 915 Wildwood, asked why he was being assessed for construction of a public street, how the assessment was calculated, and if work on Webster Street is scheduled.  Robert Sutherby, 807 E. Washington, asked if the interest rate on previous assessment rolls could be lowered.  He also asked about demolitions in the City and if items could be donated to Habitat for Humanity.  The Clerk reported on correspondence received from Marda Bronson, 911 Wildwood, protesting her special assessment.  The Mayor closed the public hearing.
  

  1. RESOLUTION CONFIRMING ROLL NO. 3357.
     
     Motion was made by Councilmember Breeding 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.

ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adjourn as a Board of Review and reconvene as City Council.  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 THE COST-PARTICIPATION AGREEMENT AND CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR THE NON-MOTORIZED PATH PROJECT ALONG THE GRAND RIVER BETWEEN LOUIS GLICK HIGHWAY AND NORTH STREET, AND THE WATERMAIN REPLACEMENT ON MECHANIC STREET NORTH OF GANSON STREET, WITH AN ESTIMATED COST OF $1,671,000.00 (CITY’S PORTION IS $694,400.00), AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), 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 Howe, Greer, Gaiser, and Polaczyk-5.  Nays:  Councilmembers Breeding and Frounfelker—2.  Absent:  0. 
• CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 (YEAR 35) HOME BUDGET REALLOCATING FUNDS FROM THE HOME ADMINISTRATION ACCOUNT TO THE JAHC ADMINISTRATION IN THE AMOUNT OF $5,000.00
  
  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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.
• CONSIDERATION OF A RESOLUTION AMENDING THE FISCAL YEAR 2008-2009 (YEAR 34) AND 2009-2010 (YEAR 35) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS ALLOCATING ADDITIONAL CDBG PROGRAM INCOME IN THE AMOUNT OF $3,329.00 TO THE CDBG CLEANUP.
  
  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.
• ITEM DELETED.
• CONSIDERATION OF A RESOLUTION HONORING CHARLES REISDORF, EXECUTIVE DIRECTOR OF THE REGION 2 PLANNING COMMISSION UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE.
  
  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, SECTION 5-3, CITY CODE, TO MODIFY THE REQUIREMENTS FOR BUILDING DEMOLITION.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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.
• FINAL ADOPTION OF ORDINANCE NO. 2010.01 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 Polaczyk to adopt Ordinance No. 2010.01.  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 REQUEST BY THE FIRST CHURCH OF CHRIST, SCIENTIST, FOR AUTHORIZATION TO REMAIN IN THE CHRISTIAN SCIENCE READING ROOM PREMISES, HAYES HOTEL, UNTIL FEBRUARY 28, 2010, AND AUTHORIZATION FOR THE CITY ATTORNEY TO EXECUTE THE APPROPRIATE DOCUMENTS TO EFFECTUATE THE EXTENSION OF TIME.
  
  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.
• 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.  (ITEM POSTPONED AT THE DECEMBER 15, 2009, COUNCIL MEETING.)
  
  No action taken.

NEW BUSINESS.

• CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE OF A 2010 GMC SIERRA 2500 HD WORK TRUCK FROM RED HOLMAN PONTIAC - GMC, WESTLAND, IN THE AMOUNT OF $35,304.00, THROUGH THE OAKLAND COUNTY CO-OPERATIVE PURCHASING CONTRACT, DOCUMENT NUMBER USCTY-2457, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRAITE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
  
  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, Frounfelker and Polaczyk-6.  Nays:  Councilmember Gaiser—1.  Absent:  0. 
• CONSIDERATION OF THE REQUEST TO APPROVE A SEPARATION AGREEMENT BETWEEN MR. GLENN CHINAVARE AND THE CITY, AND AUTHORIZATION FOR THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO TAKE ALL OTHER ACTION NECESSARY TO EFFECTUATE THE TERMS OF THE SEPARATION AGREEMENT.
  
    Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request.
  
    Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to refer this matter to the Rules and Personnel Committee for a reasonable/proper investigation and a recommendation to the City Council at their next regular meeting.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Greer and Gaiser-4.  Nays:  Councilmembers Howe, Frounfelker and Polaczyk-3.  Absent:  0. 
• CONSIDERATION OF THE REQUEST TO APPROVE A SEPARATION AGREEMENT BETWEEN MR. WILLIAM ROSS AND THE CITY, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO TAKE ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE EXECUTION AND IMPLEMENTATION OF THE SEPARATION AGREEMENT.
  
  Motion was made by Councilmember Polaczyk 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. 
• CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO CONCEPT CONSTRUCTION CO., IN THE AMOUNT OF $25,757.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 705 BACKUS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
  
  Motion was made by Councilmember Polaczyk 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. 
• CONSIDERATION OF MATTERS RELATED TO THE CITY MANAGER SEARCH.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Howe to refer this matter to the Rules and Personnel Committee, have the consultants (Education Associates) meet with the Committee and have the Committee formulate a recommendation for the City Council at their next regular meeting on how to proceed.  The motion was adopted by the following vote.  Yeas:  Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  Mayor Dunigan-1.  Absent:  0.
 

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Greer remarked that feedback on the Council Chambers audio system has been mostly positive, but efforts to improve it should continue.  He suggested that in the interest of fairness to people who speak during citizen comments, we should consider using a timer.

Councilmember Breeding stated that during the December 15, 2009, meeting, the Council ratified a five-year appointment to the Public Housing Commission.  He has encouraged several citizens to make application for the Commission, including Lee Hampton, Carol Hinton and Pauline Stokes.  The person appointed was recommended by the Executive Director of the Housing Commission.  Since the Housing Commission Director is an employee of the Commission, this is a case of an employee recommending one of his employers.  This action may have been unethical and/or inappropriate.

Councilmember Gaiser asked Council to consider having citizen comments at the beginning of each meeting and at the end of each meeting.

Councilmember Frounfelker inquired about signs on W. Trail St. at the railroad crossing indicating that the City right-of-way ends and the Norfolk Southern right-of-way begins.  He doesn’t want the perception to be that the City is involved with inadequate maintenance in this area.  He also asked about the streetlight audit and if the City Engineer could prod Consumers Energy.  In closing, he asked for the status of the ladder truck engine.  Acting Fire Chief Beyerstedt stated a new engine has been ordered and they’re expecting to hear something on that by the end of this month.

Councilmember Polaczyk reminded everyone that he has requested that Durand Street be considered for a watermain project for the year 2010.  He stated that the Rules and Personnel Committee should listen to all suggestions and options that come to them.  We need to get a City Manager quickly, but we need to get the right person.

Mayor Dunigan discussed the upcoming census and the importance of everyone participating.  Census data will be used to guide planning for new hospitals, roads, job training centers, schools and more.  Employment opportunities with the Census Bureau are available; the toll free number is (866) 861-2010.

CITY MANAGER’S COMMENTS.

None.

ADJOURNMENT.

No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Howe to adjourn the meeting.  The motion was adopted by unanimous voice vote and the meeting adjourned at 8:53 p.m. 

Lynn Fessel
City Clerk