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 Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Frounfelker gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Sarah E. Mead, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Daniel P. Greer-1.
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to add Item 15. C. to the agenda.
Consideration of adopting a Tony Dungy congratulatory resolution with wishes for a great game and proclaiming the weekend of February 3rd and 4th as Tony Dungy Weekend in Jackson, Michigan.
The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to adopt the agenda, as amended above. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
John Wilson, 1045 S. Durand, addressed the Council regarding allegations that the City Council violated the Open Meetings Act on two occasions. The first was on December 12, 2006, when Council voted to grant Eaton Corporation a Renaissance Zone designation without first holding a public hearing. The second was on January 16, 2007, when paper ballots were used to elect the Sixth Ward Councilmember and it was not revealed how each Councilmember voted. He further stated that the Council and staff should know and uphold the laws.
Donna Blake, on behalf of the Downtown Development Authority Board, encouraged the Council to approve the proposed amendments to the DDA Bylaws and to receive the Year-end Audit Report. She also asked the Council to choose the day they would like to participate in a work session.
CONSENT CALENDAR.
Councilmember Greer arrived at 7:07 p.m.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to add to the January 16, 2007, special City Council meeting minutes (Item B) the individual Councilmember votes. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0. They were as follows:
Results of the first ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for John R. Polaczyk
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for David A. Mikelonis
Results of the second ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for John R. Polaczyk
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for James M. Stark
Results of the third ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for John R. Polaczyk
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for James M. Stark
Results of the fourth ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for John R. Polaczyk
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for James M. Stark
Results of the fifth ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for Joseph M. Michalsky
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for James M. Stark
Results of the sixth ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for Joseph M. Michalsky
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for James M. Stark
Results of the seventh ballot: Mayor Ludwig cast a vote for James M. Stark
Councilmember Breeding cast a vote for John R. Polaczyk
Councilmember Mure cast a vote for John R. Polaczyk
Councilmember Greer cast a vote for James M. Stark
Councilmember Mead cast a vote for John R. Polaczyk
Councilmember Frounfelker cast a vote for John R. Polaczyk
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with the correction to Item B. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 9, 2007.
B. Approval of the minutes (AS CORRECTED ABOVE) of the special City Council meeting of January 16, 2007.
C. Approval of final Change Order No. 2 to the contract with Robert L. Johnson Construction, in the amount of $3,345.00, for the Washington Avenue Water Main Replacement project, and authorization for the City Manager, City Engineer, and Director of Public Services to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
D. Approval of the Jackson County Emergency Dispatch Services invoice, in the amount of $10,832.50, for the period of October through December 2006, in accordance with the recommendation of the City Manager.
E. Approval of the first amendment to the pharmacy benefit management agreement with ScriptGuide RX, effective February 1, 2007, in accordance with the recommendation of the Director of Personnel and Labor Relations and the City Manager.
F. Approval of the proposed amendments to the Downtown Development Authority Bylaws, as recommended by the Downtown Development Authority Board of Directors.
G. Receipt of the Downtown Development Authority Year-end Audit Report for fiscal year July 1, 2005, through June 30, 2006.
H. Receipt, with regret, of the resignation of Theresa Horne from the Citizens Advisory Council for Community Development.
I. Receipt of the City of Jackson's summary of revenue and expenditures for the six (6) months ended December 31, 2006.
J. Receipt of the Community Development Block Grant (CDBG) Financial Report through December 31, 2006.
K. Receipt of the Dangerous Building Status Report through December 31, 2006.
L. Establishment of February 13, 2007, at the City Council meeting as the time and place to hold a public hearing on the following Special Assessment Rolls for street construction:
1. Roll No. 3334 for construction on Elm Avenue from Homewild to North Street.
2. Roll No. 3335 for construction on Ganson Street from Elm Avenue to Orange Street.
3. Roll No. 3336 for construction on Wisner Street from North Street to Argyle Street.
4. Roll No. 3337 for construction on Milwaukee Street from Euclid Street to High Street.
5. Roll No. 3338 for construction on Norfolk Street from Wisner Street to Bowen Street.
6. Roll No. 3339 for construction on Union Street from West Avenue to Sixth Street.
M. Receipt of a petition circulated by Brian Wilson to vacate the southerly 122 feet of an alley running north and south between Chapin and Deyo Streets, authorization for the City Manager to sign the petition on behalf of the City and referral to staff for appropriate action.
N. Approval of the request from the Center for Family Health to conduct their annual Groundhog Gallop, Saturday, February 3, 2007, beginning at 2:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, and the Parks/Forestry Departments. Proper insurance coverage received and approved.)
COMMITTEE REPORTS.
A. RECEIPT OF THE DELEGATE'S REPORT FROM COUNCILMEMBER CARL L. BREEDING ON THE NATIONAL LEAGUE OF CITIES CONFERENCE HELD IN RENO, NEVADA, FROM DECEMBER 5 THROUGH 9, 2006.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Both Mayor Ludwig and Councilmember Mead complimented Councilmember Breeding on his report.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT KAREN DUNIGAN TO THE BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2007, AND ENDING JANUARY 31, 2010.
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT HOWARD C. WOODS, SR., AND GERALD F. RAND TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM EACH, BEGINNING FEBRUARY 1, 2007, AND ENDING JANUARY 31, 2010.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT TONI B. JONES TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2007.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT JOSEPH WHELAN TO THE INCOME TAX BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2007, AND ENDING JANUARY 31, 2010.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT ARLENE ROBINSON TO THE INCOME TAX BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING IMMEDIATELY AND ENDING JANUARY 31, 2009.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICANT PRESENTATIONS, BUDGET DISCUSSIONS AND PUBLIC COMMENT.
Mayor Ludwig opened the public hearing. The following applicants for CDBG funding addressed the Council: Karen Jackson, Jackson Affordable Housing Corporation; Karen Lewthwaite, Legal Services of South Central Michigan; Billie Oliver and Tatanisha Worthey, Grace Haven; Linda Tallman, Judy Jove and Evon Beavers, Family Service and Children's Aid; Sarah Hill, Red Cross; Sara Benedetto, Center for Family Health; Kim Hastings, Jackson School of the Arts; Cathy Heins, Big Brothers - Big Sisters; Nathaniel Crampton and Debra Green, Helping All People Excel; Kristin Hendricks, Fitness Council of Jackson; Brenda Leonard, Community Action Agency.
Mayor Ludwig called a recess at 8:30 p.m. and reconvened the meeting at 8:38 p.m.
Applicant presentations continued as follows: Roni Weaver, The Enterprise Group of Jackson; Pam Gage, Partnership Park Downtown Neighborhood Association; Carrie Good, John George Home, Inc.; Ken Toll and Brenna Wheeler, United Way - 211 Service; Karen Tursich and Carol Hinton, Habitat for Humanity; Major John Mallett, The Salvation Army, and Lori Bush, Child Care Network. The Mayor closed the public hearing.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), IN THE AMOUNT OF $478,900.00 (CITY'S SHARE IS $24,400.00) FOR RECONSTRUCTION OF THE DENTON ROAD BRIDGE OVER THE SPARKS FOUNDATION PARK POND, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM B1-BAR, INC. TO TRANSFER ALL STOCK IN 2006 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT, LOCATED AT 2216 E. MICHIGAN AVENUE, THRU TRANSFER OF 1,000 SHARES OF STOCK FROM EXISTING STOCKHOLDER, MARILOU BELL TO NEW STOCKHOLDER, NANCY ANNE MINIX.
Motion was made by Councilmember Mure and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2007.3 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, APPROVING THE ARTISAN PARK PUDD.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2007.3. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2007.4 AMENDING CHAPTER 12, SECTION 12-2, CITY CODE, TO PROHIBIT LEAVING REFUSE RECEPTACLES AT THE CURBSIDE, IN THE DRIVEWAY, IN THE PUBLIC RIGHT-OF-WAY, OR IN PUBLIC VIEW IN THE FRONT YARD.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2007.4. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. APPROVAL OF THE REQUEST OF THE SIGN ORDINANCE WORKGROUP TO DELAY ENFORCEMENT OF THE SIGN ORDINANCE NONCONFORMING USE PROVISION UNTIL APRIL 2007, AND REVIEW AND POTENTIAL ACTION AT THE APRIL 24, 2007, CITY COUNCIL MEETING.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to delay enforcement of the Sign Ordinance Nonconforming Use provision until May 30 and have review and potential action at the April 24, 2007, City Council meeting.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to amend the motion by deleting the date regarding enforcement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
The original motion, as amended, was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF AN INVITATION FROM THE DOWNTOWN DEVELOPMENT AUTHORITY TO PARTICIPATE IN A WORK SESSION ON FEBRUARY 8, 2007, AT 8:00 A.M., OR ON FEBRUARY 27, 2007, AT 6:00 P.M.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to receive the invitation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF ADOPTING A TONY DUNGY CONGRATULATORY RESOLUTION WITH WISHES FOR A GREAT GAME AND PROCLAIMING THE WEEKEND OF FEBRUARY 3RD AND 4TH AS TONY DUNGY WEEKEND IN JACKSON, MICHIGAN.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to adopt the resolution of intent, direct staff to prepare the resolution and that the Mayor proclaim Tony Dungy Week. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Frounfelker announced a meeting on Wednesday, January 31 at 7:00 p.m. in the Council Chambers to introduce the Fifth Ward residents to Mayor Ludwig and to Sixth Ward Councilmember Polaczyk if he is available.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Mead and seconded by Councilmember Mure to adjourn. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:27 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
