JACKSON CITY COUNCIL MEETING MINUTES

MAY 11, 2010

CALL TO ORDER.

The Jackson City Council met in regular session in City Hall and was called to order at 7:02 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.  Mayor Dunigan introduced Frank Weathers, Deputy to the City Manager, sitting in on the meeting tonight.

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:  Deputy to the City Manager Frank Weathers, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.

AGENDA.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0. 

CITIZEN COMMENTS.

George Brown and Michelle Woods both spoke in support of retaining Frank Weathers as Deputy to the City Manager and as Human Relations Commission staff.

Rachel Buchanan asked the Council to support the request from Spring Arbor University Radio (HOME.fm) to use Bucky Harris Park for their 5th birthday party on May 18.

Donna Blake and Mike Way both asked Council to allocate $25,000 to the Downtown Development Authority.

PRESENTATIONS/PROCLAMATIONS.

None.

CONSENT CALENDAR.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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 April 27, 2010.
• Approval of City license renewals for the year ending April 30, 2011, in accordance with the recommendation of the City Clerk.
• Approval of the request from The Sierra Club to hold their “Beyond Coal” rally and press conference at the Riverwalk Amphitheater on Friday, May 21, 2010, beginning at 9:30 a.m. (event time 10:30 a.m.)  (Approval recommended by the Police, Fire and Parks/Forestry Departments, and the Downtown Development Authority.  Proper insurance coverage received.)
• Approval of the request from the Jackson County Veterans Council to:  (1) conduct their annual Memorial Day Parade, with police assistance, and memorial service in Mount Evergreen Cemetery on Monday, May 31, 2010, (2) to close requested streets at 9:15 a.m., and (3) request a contribution of $250.00.  (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.)
• Approval of the request from Jackson County Parks to close Brown Street at Randolph Street and Brown Street at Denton Road at 12:00 p.m., Saturday, May 29, Saturday, July 3 and, Saturday, September 4, 2010 (rain dates, May 30, July 5 and September 5, respectively), to conduct the 2010 Fireworks Display at Cascade Falls Park, with police assistance.  (Recommended approval received from the Police, Fire and Traffic Engineering Departments.  Proper insurance coverage received.)
• Approval of the request from the American Cancer Society to conduct the Relay for Life beginning on Friday, August 6, 2010, at 6:00 p.m., and concluding on Saturday, August 7, 2010, at 6:00 p.m., and to close Randolph Boulevard between Brown and High Streets, and northbound Brown Street from Denton Road to Randolph Boulevard with Class 3 barricades.  (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments.  Insurance coverage received and approved.)
• Approval of the request from the HIV/AIDS Resource Center (HARC) to conduct their 5K Aids Walk Michigan on Saturday, September 25, 2010 at 9:00 a.m., on city sidewalks, beginning and ending at the Riverwalk Amphitheater.  (Recommended approval received from the Police, Fire, Traffic Engineering and Parks/Forestry Departments and the Downtown Development Authority.  Proper insurance coverage received.)
• Approval of the request from Spring Arbor University Radio (HOME.fm) to hold their 5th Birthday Party at Bucky Harris Park on Tuesday, May 18, 2010, from 11:00 a.m. to 2:00 p.m.  (Approval recommended by the Police, Fire, Traffic Engineering, and Parks/Forestry Departments, and the Downtown Development Authority.  Proper insurance coverage received.)
• Approval of Traffic Control Order No. (TCO) 2061, regarding the installation of “Autistic Child Area” signs on Gilbert Street between Leroy and Ganson Streets.
• Receipt of the City Engineer’s report for street construction on North Street from Lansing Avenue to Cooper Street, and establishment of May 25, 2010, at the City Council meeting as the time and place to hold a public hearing of necessity.
• Establishment of the May 25, 2010, City Council meeting as the time and place to hold a public hearing to consider the application for a United States Environmental Protection Agency (USEPA) Brownfield Area-Wide Planning Pilot Program Grant.

COMMITTEE REPORTS.

• A. RECEIPT OF THE CITY AFFAIRS 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.

None.

PUBLIC HEARINGS.

• PUBLIC HEARING ON AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) FILED BY AMERICAN TOOLING CENTER, INC., AT 1150 S. ELM STREET.
  
  Mayor Dunigan opened the public hearing.  Gary Gizinski, Vice-president and Treasurer, American Tooling Center and John Basso, owner, Diversified Tooling Group, explained the company’s operations and thanked the Council for their support.  The Mayor closed the public hearing.
  
  
  1. RESOLUTION APPROVING THE APPLICATION.  (CTIY AFFAIRS COMMITTEE RECOMMENDS APPROVAL.)
     
     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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7.  Nays:  0.  Absent:  0.
     
       RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to recess as a 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. 4189 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  Robert Ghent, owner of 1200 Greenwood Avenue, addressed the Council objecting to his special assessment.  The Mayor closed the public hearing.
  
  
  

  1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4189.
     
     Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to waive Mr. Ghent’s special assessment and remove it from the special assessment roll.  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 Howe to adopt the resolution, deleting Mr. Ghent’s special assessment (Stencil No. 3-2186).  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. 4190 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  
  
  

  1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4190.
     
     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.

• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4191 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  
  
  

  1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4191.
     
     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.

• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4192 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  
  
  

  1. RESOLUTION DELETED.
     
     All proposed special assessments were paid, so no action was necessary.

• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4193 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  

  1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4193.
     
     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.

• PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4194 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  

  1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4194
     
     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.
     
     ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL.
     
     Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adjourn as a Board of Review and reconvene as a 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.

• PUBLIC HEARING ON THE CITY’S FISCAL YEAR 2010-2011 PROPOSED BUDGET.
  
  
  Mayor Dunigan opened the public hearing.  No one spoke; no correspondence was received.  The Mayor closed the public hearing.
  

RESOLUTIONS.

• CONSIDERATION OF A RESOLUTION AMENDING THE JACKSON POLICE DEPARTMENT BUDGET TO REFLECT RECEIPT OF AN AMERICAN RECOVERY REINVESTMENT ACT, ENERGY EFFICIENCY AND CONSERVATION MULTIPURPOSE BLOCK GRANT IN THE AMOUNT OF $137,069.00, WHICH WILL ENABLE THE POLICE AND FIRE DEPARTMENTS TO REDUCE FOSSIL FUEL EMISSIONS AND TOTAL ENERGY USE WHILE IMPROVING ENERGY EFFICIENCY.
  
  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 RESOLUTION RENAMING JAY STREET TO UNITED WAY, PURSUANT TO THE CITY’S CODE OF ORDINANCES.
  
  Motion was made by Councilmember Frounfelker 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. 

ORDINANCES.

• FINAL ADOPTION OF ORDINANCE NO. 2010.06, AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING PROPERTY LOCATED AT 721 AND 723 W. FRANKLIN STREET, FROM R-2 (ONE-AND TWO-FAMILY RESIDENTIAL) TO R-6 (RESIDENTIAL AND LOW-DENSITY OFFICE).  (CITY PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL.)
  
  Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2010.06.  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. 

OTHER BUSINESS.

• CONSIDERATION OF A PROPOSED EMPLOYMENT CONTRACT WITH WARREN D. RENANDO TO SERVE AS INTERIM CITY MANAGER FOR A ONE-YEAR TERM, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE CONTRACT.
  
  Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the employment contract.  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. 
• CONSIDERATION OF THE APPOINTMENT/CONFIRMATION OF WARREN D. RENANDO TO SERVE AS INTERIM CITY MANAGER ON VARIOUS BOARDS AND COMMISSIONS UNTIL A NEW CITY MANAGER IS NAMED.
  
  Motion was made by Councilmember Howe and seconded by Councilmember Gaiser to approve the appointment/confirmation of Warren Renando to serve on various Boards and Commissions.  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 OPTIONS PROPOSED BY EDUCATION ASSOCIATES OF MICHIGAN, LLC, REGARDING THE CITY MANAGER SEARCH, AND APPROVAL OF THE PAYMENT OF AN OUTSTANDING INVOICE IN THE AMOUNT OF $1,250.00, FULFILLING CONTRACTUAL OBLIGATIONS FOR THE CITY MANAGER SEARCH, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve Option No. 2, which terminates the contractual relationship and approves payment of the invoice in the amount of $1,250.00.  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.

NEW BUSINESS.

• CONSIDERATION OF THE REQUEST TO AWARD A LOW BID CONTRACT TO HAMLIN GRADING AND EXCAVATING, STOCKBRIDGE, IN THE AMOUNT OF $8.26 PER CUBIC YARD (ESTIMATED CONTRACT AMOUNT OF $189,980.00), FOR SPENT LIME REMOVAL AT THE WATER TREATMENT PLANT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE INTERIM WATER DIRECTOR, AND THE PURCHASING COORDINATOR.
  
  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 FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING THE FISCAL YEAR 2010-2011 ONE-YEAR ACTION PLAN OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS:
  
  
  1. APPROVAL OF THE 2010-2011 ONE-YEAR ACTION PLAN;
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the 2010-2011 One-year Action Plan.  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.
  2. ADOPTION OF THE RESOLUTION OF CERTIFICATIONS, AND
     
     Motion was made by Councilmember Frounfelker 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.
  3. AUTHORIZATION FOR THE MAYOR TO SIGN FORM SF-424, THE CERTIFICATIONS, AND ANY OTHER DOCUMENTATION REQUIRED FOR SUBMITTAL OF THE ONE-YEAR ACTION PLAN TO HUD.
     
     Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to authorize the Mayor to sign Form SF-424, the Certifications and any other documentation required for submittal.  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 GIVE CITY RESIDENTS UNTIL MAY 30, 2010, TO SELECT A CITY-OWNED VACANT LOT FOR THE COMMUNITY/URBAN GARDENING PROGRAM, AND AFTER MAY 30, 2010, NON-CITY RESIDENTS MAY BE PERMITTED TO SELECT A CITY-OWNED VACANT LOT TO CULTIVATE UNDER THE COMMUNITY/URBAN GARDENING GUIDELINES.
  
  

  Motion was made by Councilmember Greer 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 LOW BID AWARD TO WEST SHORE FIRE, INC., IN THE AMOUNT OF $135,798.00, FOR THE PURCHASE OF NEW SELF-CONTAINED BREATHING APPARATUS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE FIRE CHIEF.
  
  

  Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the request.
  
  

  Motion was made by Councilmember Breeding and seconded by Councilmember Greer to postpone the motion until the next regular Council meeting.  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 Greer complimented Frank Weathers on a job well done tonight.

Councilmember Gaiser discussed the need to educate citizens on our grass and noxious weeds ordinance and possibly place a notice in the newspaper.

Councilmember Frounfelker explained that his dissenting vote for Mr. Renando’s contract was based on the salary and no incentive to end the relationship prior to one year.  He will work with Mr. Renando during his term and he looks forward to what he has to offer.

Mayor Dunigan stated that special meetings will be scheduled prior to the adoption of the budget.

MANAGER’S COMMENTS.

None.

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 7:38 p.m. 

Lynn Fessel
City Clerk