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 Polaczyk gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig 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: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted changes to agenda Items A.1 and 2 and B.1 under Public Hearings and A. under New Business. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PRESENTATIONS/PROCLAMATIONS.
A) THE MAYOR WILL READ A PROCLAMATION PROCLAIMING THE DAY OF MAY 9, 2009, AS NATIONAL TRAIN DAY.
Mayor Ludwig read the proclamation and presented it to John Guidinger. Mr. Guidinger announced that Amtrak has set May 9 as National Train Day and there will be celebrations in many of the larger stations in the United States. It's all to support modern rail passenger service. Hopefully, someday there will be high-speed rail through Jackson between Chicago and Detroit.
CITIZEN COMMENTS.
Mike Serafin, New Moon Entertainment, discussed the “Day in May” music festival in Bucky Harris Park and stated that proceeds will benefit the Food Bank of Southern Michigan.
Robyn Soltis, 749 Union Street, Tom Mijal, and Jennifer Tucker, 131 N. Wisner Street, all spoke in support of the Urban Gardening Program.
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of April 7, 2009.
B. Approval of the request from New Moon Entertainment to hold “A Day in May” music festival in Bucky Harris Park on Friday, May 1, 2009, beginning at 12:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry Departments, and the Downtown Development Authority. Contingent upon receipt of special event insurance coverage.)
C. Approval of the request from Jackson County Parks to close Brown Street at Randolph Street and Denton Road at 12:00 p.m., Saturday, May 23, 4:00 p.m., Friday, July 3 and 12:00 p.m., Saturday, September 5, 2009 (rain dates, May 24, July 5 and September 6, respectively), to conduct the 2009 Fireworks Display at Cascade Falls Park. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received.)
D. Approval of the request from the Ella Sharp Museum Association for authorization for a temporary outdoor service and temporary additional bar permit on Saturday, June 13, 2009, at 3225 Fourth Street, to conduct their annual Art & Wine Festival. (Recommended approval received from the Police, Fire, Public Services, and Parks/Forestry Departments. Proper insurance coverage received.)
E. Approval of the request from the Grand River Environmental Action Team (G.R.E.A.T.) to hold their G.R.E.A.T. River Clean-up on Saturday, September 12, 2009, from 8:00 a.m. until 5:00 p.m. (event 10:00 a.m. - 2:00 p.m.). (Recommended approval received from the Downtown Development Authority, Police, Fire, Parks/Forestry, Engineering, and Public Services Departments. Proper insurance coverage received.)
F. Receipt of actuarial valuations as of June 30, 2008, communication from the Boards of Trustees of the City of Jackson Employees Retirement System, Act 345 Retirement System and City of Jackson Policemen's and Firemen's Pension System, and certifying funding necessary for fiscal year 2009-2010.
G. Receipt of the Dangerous Building Report through March 31, 2009.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A) PUBLIC HEARING ON THE REQUEST TO REZONE OAK STREET PROPERTIES AT 615 AND 617 OAK STREET (THE OAK TREE LOUNGE), AND PARKING FOR THE ESTABLISHMENT ON FRANCIS STREET PROPERTIES, 616 AND 618 FRANCIS STREET, FROM HIGH DENSITY APARTMENT AND OFFICE (R-4) TO LIGHT INDUSTRIAL (I-1). (CITY PLANNING COMMISSION RECOMMENDS THAT ALL FOUR PACELS BE REZONED. STAFF RECOMMENDS THAT REZONING BE LIMITED TO THE OAK STREET PROPERTIES.)
Mayor Ludwig opened the public hearing. Julie Tylutki, applicant for the rezoning, explained her desire to expand her business. The Mayor closed the public hearing.
Mayor Ludwig announced when the agenda was adopted that the Section numbers in 1 and 2 below should read 28.32 and not 28.183.
1) CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.32, CITY CODE, REZONING PROPERTY LOCATED AT 615 AND 617 OAK STREET FROM HIGH DENSITY APARTMENT AND OFFICE (R-4) TO LIGHT INDUSTRIAL (I-1). 2) CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.32, CITY CODE, REZONING PROPERTY LOCATED AT 615 AND 617 OAK STREET, AND 616 AND 618 FRANCIS STREET FROM HIGH DENSITY APARTMENT AND OFFICE (R-4) TO LIGHT INDUSTRIAL (I-1).
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the ordinance amending Chapter 28, Section 28.32, City Code, rezoning property located at 615 and 617 Oak Street, and 616 and 618 Francis Street from High Density Apartment and Office (R-4) to Light Industrial (I-1) 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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B) PUBLIC HEARING CONSIDERING A REQUEST FOR AN AMENDMENT TO THE FINAL SITE PLAN TO PHASE 1 OF THE ARMORY ARTS VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT (PUDD). (CITY PLANNNING COMMISSION RECOMMENDS APPROVAL WITH CONDITIONS.)
Mayor Ludwig opened the public hearing. Judy Krasnow, Armory Arts Village, discussed the lack of proper heating and stated that Phase 1 should be up and running and that the marketing that brought artists to the Armory Arts should be fulfilled before, or simultaneously with, Phase II. Scott Fleming, Enterprise Group President and CEO, stated that the EG will pay for radiant heat through the proceeds of Phase II. Denise Peterson, Armory Arts Village, explained that infrastructure needs to be improved and asked that everything possible be done to keep this project going. Ruth Ojeda, Armory Arts Village, expressed her anger and told the Council she came back to Jackson from California for this art project and there is no project. Andrew Lopez believes that there has been fraud with this project and that a federal auditor should be brought in. Pat Laflamme, Armory Arts Village, believes the project started off well, but people have become disenchanted. He asked the Council to be patient and take time to make sure that the core mission is still the main focus. Mayor Ludwig closed the public hearing.
1) CONSIDERATION OF THE RECOMMENDATION FROM THE CITY PLANNING COMMISSION TO APPROVE THE AMENDMENT TO THE FINAL SITE PLAN TO PHASE 1 OF THE ARMORY ARTS VILLAGE PUDD.
Mayor Ludwig announced when the agenda was adopted that the above language (B.1.) was incorrect and should read as follows:
CONSIDERATION OF AN ORDINANCE TO AMEND SECTION 28.32, OF CHAPTER 28, OF THE CODE OF THE CITY OF JACKSON BY ADOPTING AN AMENDED FINAL PLAN FOR THE ARMORY ARTS VILLAGE PUDD.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the ordinance with the following conditions: (1) Identify the route of the 14-foot wide arts riverwalk through the PUDD, (2) Identify the as-built changes to Phase I of the PUDD on the proposed site plan and landscape plans including the location of the dumpster and major utilities, the design of light standards and landscaping, and (3) Identify the approved changes to the Art 634 portion of the PUDD (which was also granted final plan approval) and (4) The utilities associated with the PUDD proposed within the Mechanic Street right-of-way must be installed prior to or during the reconstruction of the roadway to the satisfaction of the City Engineer.
Motion was made by Councilmember Gaiser and seconded by Councilmember Howe to postpone consideration of this matter until the next regular City Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: Councilmembers Greer and Polaczyk-2. Absent: 0.
RESOLUTIONS.
A) CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING ASSESSMENTS ON STENCIL NO. 8-2291 FROM ASSESSMENT ROLL NO. 4166, 612 E. GANSON STREET, FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE, AND AUTHORIZATION FOR STAFF TO ENTER INTO THE APPROPRIATE PAYMENT AGREEMENTS ACCORDING TO ESTABLISHED POLICIES.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolution and authorize staff to enter into the appropriate payment agreements, according to established policies. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE OF COMPUTER SOFTWARE FROM B S & A SOFTWARE IN THE AMOUNT OF $111,770.00, SPREADING THE PAYMENT OVER A THREE-YEAR PERIOD (INTEREST FREE), AND A SOFTWARE THREE YEAR MAINTENANCE FEE OF $21,900.00, PROVIDING THE CITY WITH SOFTWARE IMPROVEMENTS AND UPDATES THAT ARE MADE AVAILABLE AFTER THE ORIGINAL PURCHASE DATE, FOR A TOTAL COST OF $133,670.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE STAFF ACCOUNTANT/INFORMATION SYSTEMS COORDINATOR.
Mayor Ludwig announced when the agenda was adopted that the maintenance fee is three year (and not annual).
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING FINAL ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUNDS FOR FISCAL YEAR 2009-2010:
1. RECEIPT AND RESPONSE TO ANY ORAL OR WRITTEN COMMUNICATION RECEVIED FROM THE PUBLIC REGARDING THE 2009 CONSOLIDATED ACTION PLAN;
2. APPROVAL OF THE MODIFIED CDBG/HOME TIMETABLE, AND
3. TABLE ALL FINAL ALLOCATIONS TO THE MAY 12, 2009, CITY COUNCIL MEETING.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the above requests. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRM (HPRP) FUNDS:
1. RECEIPT OF THE DRAFT SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN, WITH THE UNDERSTANDING IT MAY RECEIVE SIGNIFICANT MODIFICATIONS AS PROGRAMS ARE DEVELOPED;
2. ESTABLISHMENT OF APRIL 30, 2009, TO MAY 12, 2009, FOR PUBLIC COMMENT ON THE SUBSTANTIAL AMENDMENT, AND
3. ESTABLISHMENT OF MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING TO CONSIDER THE SUBSTANTIAL AMENDMENT.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the requests. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO JULES SWARTZ AND SONS EXCAVATING, AT THEIR BID PRICE OF $59,229.21, FOR ROTARY PARK SITE IMPROVEMENTS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF CEMETERIES, FORESTRY AND PARKS AND THE PURCHASING AGENT.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. CONSIDERATION OF THE REQUEST TO ESTABLISH AN URBAN GARDENING PROGRAM IN THE CITY, UTILIZING VACANT LOTS TO BE USED BY CITY RESIDENTS, AND AUTHORIZATION FOR THE COMMUNITY DEVELOPMENT DEPARTMENT TO WORK WITH THE CITY ATTORNEY'S OFFICE TO DRAFT THE NECESSARY DOCUMENTS.
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Greer reported on his attendance at the MML Region 2 meeting in Allegan, stating there were many good sessions, including updates on transportation funding, LEED certified buildings, and going green. He was selected to be the Secretary for MML Region 2 and this means that three years from now the City of Jackson will be hosting the regional meeting.
Councilmember Gaiser applauded the gardeners for their fast action and hard work and noted he is looking forward to the harvest. He is also looking forward to the strategic planning session and asked when the budget will be given to the City Council. The City Manager stated he would have the budget to the Council early next week.
Councilmember Frounfelker thanked the Partnership Park residents for coming to the Council meeting and stated he is looking forward to the urban gardening program coming to fruition.
Councilmember Polaczyk remarked that the Council did a disservice to the people of Armory Arts today by not moving forward with the PUDD. We have to move forward with this 2nd phase, if we want to continue to grow the Armory Arts project and get things accomplished.
CITY MANAGER'S COMMENTS.
City Manager Ross explained that there is bad information out there on the stimulus money and much of it won't come to us. He stated it is a long and frustrating time for us. The money is out there, but we don't have it yet. He wanted to set the record straight by stating that stimulus money was not paying for air conditioning in City Hall.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to go into closed executive session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to return to open session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser and Frounfelker-5. Nays: Councilmember Polaczyk-1. Abstain: Councilmember Howe-1. Absent: 0.
ADJOURNMENT.
No further business being presented, Mayor Ludwig adjourned the meeting at 8:30 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
