CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:03 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Mayor Ludwig gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Robert B. Howe, Andrew R. Frounfelker and John R. Polaczyk-5. Absent with excuse: Councilmembers Daniel P. Greer and Kenneth E. Gaiser--2.
Also Present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Nays: Councilmember Breeding--1. Absent: Councilmembers Greer and Gaiser--2.
PRESENTATIONS/PROCLAMATIONS.
A. THE MAYOR WILL READ A PROCLAMATION RECOGNIZING JENNIFER TUCKER AS THE WINNER OF THE CITY'S SAFETY SLOGAN CONTEST WITH HER SLOGAN OF, “BE A LEADER; FOLLOW SAFE PROCEDURE!”
Mayor Ludwig read and presented the proclamation to Jennifer Tucker.
CITIZEN COMMENTS.
Scott Aughney, 1216 Cooper Street, spoke in opposition to the proposed Civil Rights Ordinance.
Frederick Davies, 319 S. Bowen; Kathleen Conley, 714 Elmwood; Rev. Cynthia Landrum, 744 W. Morrell; Lorraine Hampton, 4720 McCain; Parrish Stahl, 148 W. Clark; George Brown, 312 S. Webster, and Michelle Holmes, 746 Oakdale, all spoke in support of the proposed Civil Rights Ordinance.
Valerie Toops, 824 Napoleon Road, would like to see the proposed Civil Rights Ordinance encompass issues that are faced by people that are discriminated against, such as housing and unemployment.
Thomas Ratchford, 615 N. East Street, questioned what he is paying for regarding his special assessment for Cortland Street streetscape. He requested a written answer.
Andrew Hershberger, 4916 Walz Road, expressed frustration with the City in regards to renovating the Bowl-A-Rama building to house Village Hope Church, a new church in the community. He also expressed his belief that the proposed Civil Rights Ordinance may be a hindrance to the City.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser--2.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of May 26, 2009.
B. Approval of a Taxicab Company license for D & M Cab Company, 3505 E. Michigan Avenue, in accordance with the recommendation of the City Clerk.
C. Approval of the request from the Calvary Apostolic Church to conduct their 4th annual “Crusade in the Park” in Loomis Park on Sunday, June 14, 2009, from noon until 3:00 p.m., with set-up beginning at 8:00 a.m. (Recommended approval received from the Police, Fire, and Parks/Forestry Departments. Insurance coverage received and approved.)
D. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $18,703.94, for planning services for the month of May 2009, in accordance with the recommendation of the City Manager.
E. Approval of the request to award contracts to the listed low bidders for the purchase of water treatment chemicals for the Water Treatment Plant for Fiscal Year 2009-2010, in accordance with the Director of Public Services and the Purchasing Agent.
F. Receipt with regret correspondence from City Assessor C. Jan Markowski notifying Council of his intent to retire effective August 14, 2009.
G. Receipt of petitions filed by 113 W. Michigan, LLC, First & Michigan, LLC, HD Development of Maryland, Inc., Kibby Investments, LLC, Westside Equities II, LLC, Alpine Lake Apartments, LLC, Flagstar Bank, FSB, and Certainteed Corporation with the Michigan Tax Tribunal, and referral to the City Assessor and City Attorney for appropriate action.
H. Receipt of petition filed by Spartan Stores, Inc., with the Michigan Tax Tribunal, and referral to the City Assessor and City Attorney for appropriate action.
I. Establishment of June 23, 2009, at the City Council meeting as the time and place to hold a public hearing to create an Obsolete Property Rehabilitation District (OPRD) #7, and to consider an application for an OPRD Tax Exemption Certificate for the property located at 813-819 E. Michigan Avenue.
COMMITTEE REPORTS.
A. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO UPDATE THE CITY CLERK'S JOB DESCRIPTION.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to accept the change to the City Clerk's job description, to require a Bachelor's Degree under the minimum qualifications and requirements section of the job description. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS FOR THE BUDGET AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN TO REALLOCATE UNSPENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Mayor Ludwig opened the public hearing. John Wilson addressed the Council stating he believes money is being spent on non-essential luxuries like the Grand River Artswalk and our elected officials should demand to our state representatives and congressmen that the $2.1M be used for residential street repair. The Mayor closed the public hearing.
1. CONSIDERATION OF APPROVAL OF A BUDGET AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO ADD CITIZEN COMMENTS, IF ANY, AND
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve a budget amendment and authorize staff to make minor modifications to add citizen comments, if any. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Nays: Councilmember Breeding-1. Absent: Councilmembers Greer and Gaiser-2.
2. RESOLUTION TO AMEND THE 2005/2006, 2006/2007, 2007/2008, AND 2008/2009 CDBG BUDGETS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Nays: Councilmember Breeding-1. Absent: Councilmembers Greer and Gaiser-2.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AUTHORIZING ANDREA JACKSON'S DAUGHTERS TEARIA BAILEY AND GAYLYNN BAILEY TO SELL COLD DRINKS IN THE CENTRAL BUSINESS DISTRICT, BEGINNING JUNE 15, 2009, THROUGH AUGUST 7, 2009.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
Motion was made by Councilmember Howe and seconded by Councilmember Breeding to waive the requirement for a bond. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 16, ARTICLE XII, SECTIONS 16-331 THROUGH 16-360, CITY CODE, UPDATING PROVISIONS OF THE PAWNBROKERS, SECONDHAND DEALERS, AND JUNKYARD OPERATORS ORDINANCE.
Motion was made by Councilmember Polaczyk 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 Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 16, SECTIONS 16-16 AND 16-17, CITY CODE, REGARDING THE CITY CLERK'S AUTHORITY TO SUSPEND OR REVOKE A LICENSE AND PROCESS FOR APPEAL.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
OTHER BUSINESS.
A. CONSIDERATION OF RECOMMENDATIONS FROM THE PARKING ADVISORY COMMITTEE AND REFERRAL TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THEIR REVIEW AND COMMENTS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to refer the recommendations to the DDA for review and comments and that the DDA complete this task by June 23. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
B. CONSIDERATION OF ESTABLISHING JULY 14, 2009, AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING OF NECESSITY FOR THE PROPOSED RECONSTRUCTION OF JACKSON STREET BETWEEN LOUIS GLICK HIGHWAY AND GANSON STREET, AND AUTHORIZATION FOR STAFF TO GIVE THE APPROPRIATE NOTICES TO THE ADJACENT PROPERTY OWNERS AND THE MEDIA.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to establish a July 14, 2009, public hearing of necessity for the proposed reconstruction of Jackson Street between Louis Glick Highway and Ganson Street and authorize staff to give the appropriate notices to the adjacent property owners and the media. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Nays: Councilmember Breeding-1. Absent: Councilmembers Greer and Gaiser-2.
NEW BUSINESS.
A. CONSIDERATION AND REVIEW OF THE PROPOSED CIVIL RIGHTS ORDINANCE FROM THE HUMAN RELATIONS COMMISSION.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to postpone consideration of this matter until the July 14, 2009, Council meeting and refer the proposed ordinance to the City Attorney for review. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS NOTICE, IN THE AMOUNT OF $26,935.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 205 S. GRINNELL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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 Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
C. CONSIDERATION OF THE LOW BID AWARD TO ALPINE ENGINEERING, INC., NOVI, AT THEIR LOW BID OF $34,800.00, FOR THE 2009 TOPOGRAPHIC MAPPING SERVICES CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT DOCUMENT(S), AND FOR STAFF TO MAKE ANY MINOR MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER AND THE PURCHASING AGENT.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the low bid award to Alpine Engineering, Inc. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE FINAL RENEWAL TO A THREE-YEAR RENEWABLE CONTRACT WITH UTILITY SERVICES AUTHORITY (USA), LLC, BELLEVILLE, IN THE AMOUNT OF $253,582.00, FOR THE MICHIGAN AVENUE SANITARY SEWER REHABILITATION CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT DOCUMENT(S), AND FOR STAFF TO MAKE ANY MINOR MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER AND THE PURCHASING AGENT.
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 Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
E. CONSIDERATION OF THE REQUEST TO APPROVE THE INSURANCE RENEWAL PREMIUM WITH THE MICHIGAN MUNICIPAL LEAGUE LIABILITY AND PROPERTY POOL, IN THE AMOUNT OF $453,849.00, FOR FISCAL YEAR 2009-2010, AND AUTHORIZATION FOR CITY STAFF TO PAY THE PREMIUM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER AND THE CITY ATTORNEY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Breeding inquired about the status of enforcement of the sign ordinance. The Mayor reported.
Councilmember Frounfelker asked if there are any solutions for the grass cutting situation; the City Manager responded. He also inquired about the status of collecting receivables. The City Manager stated he will have a report on June 23. Mr. Frounfelker thanked American 1 Federal Credit Union and the Rose Parade Committee for a successful Rose Parade and Festival.
Mayor Ludwig discussed the possibility of people/organizations doing service work for the community such as “adopt-a-lot.” He also remarked on a visit he took with Carol Konieczki to the movie set at the prison. The movie company was very complimentary of the City and City Attorney Giglio in particular.
Councilmember Polaczyk asked staff to review Durand Street south of Morrell for the possibility of milling and overlay, even if it's a temporary fix.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe for the Council to consider writing a letter to our state and federal elected officials sharing some of our concerns and frustrations with how we have to spend the block grant money, as well as what some of the comments of the citizens have been. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser-2.
CITY MANAGER'S COMMENTS.
City Manager Ross explained that he will send a memo regarding dates to review the Charter Review Committee recommendations. He reported that the Elnora Moorman Plaza is coming together very well. He informed Council that there is a recommendation to cut 25% in statutory revenue sharing, which is about $694,000 from our General Fund for fy 2009-2010. He explained that these cuts hit the poorest communities the hardest and he will keep the Council informed.
EXECUTIVE SESSION TO DISCUSS A LEGAL OPINION AND LABOR MATTERS.
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to go into closed executive session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser--2.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Greer and Gaiser--2.
ADJOURNMENT.
No further business being presented, Mayor Ludwig adjourned the meeting at 8:32 p.m.
Lynn Fessel
City Clerk