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 Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Gaiser gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Robert B. Howe, Kenneth E. Gaiser and Andrew R. Frounfelker-5. Absent with excuse: Councilmembers Daniel P. Greer and John R. Polaczyk--2.
Also Present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted the addition of a contingency to Item D on the Consent Calendar and the deletion of Item 9.A. under Appointments. Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Michael Wisniewski, 1406 Locust Street, asked who buys the bottled water provided to Council and staff at Council meetings and inquired if the City's water is safe to drink.
Thomas Ratchford, 615 N. East Avenue, thanked the City Engineer for the letter he sent with the breakdown of his assessment for Cortland Street Streetscape. He questioned the amount of his special assessment, explaining he believes there is an error and requesting that it be corrected.
CONSENT CALENDAR.
Councilmember Gaiser requested Item I be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to approve the following Consent Calendar, with Item I removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk--2.
Consent Calendar
A) Approval of the minutes of the regular City Council meeting of June 9, 2009.
B) Approval of the request from the Downtown Development Authority to hold Picnic in the Park on Tuesdays, July 7, July 14, July 21, July 28, August 4, August 11, August 18, and August 25, 2009, from 12:00 p.m. until 1:00 p.m., at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services and Parks/Forestry Departments and the Downtown Development Authority. Proper insurance coverage is in place.)
C) Approval of the request from the Downtown Development Authority to close S. Columbus Street from Glick Highway to Hupp Street, and Hupp Street from S. Cooper Street to S. Columbus Street from 5:00 p.m. until 12:00 a.m. to hold the DDA Riverwalk Amphitheater Concert Series on Friday, July 24 and July 31, 2009, event 7:00 p.m. until 10:30 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments, Forestry/Parks, the Amphitheater Review Committee, and the Downtown Development Authority. Proper insurance coverage is in place.)
D) Approval of the request from the Eastside Reunion Committee to use Rotary Park and playground to hold their biennial reunion/picnic on Saturday, August 8, 2009, from 10:00 a.m. until dusk. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Contingent upon receipt of proper insurance coverage. If unable to obtain insurance, execution of a Hold Harmless Agreement will be required.)
E) Approval of the request from Allegiance Health to conduct the “25th annual Allegiance Race to Health” with police assistance, Saturday, September 12, 2009, beginning at 8:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments and the Downtown Development Authority. Proper insurance coverage received.)
F) Approval of the request from the Michigan Theatre of Jackson, Inc., to close municipal lot No. 14 and the north/south alley, beginning at 2:00 p.m. until 11:00 p.m. to hold their Obsessions fundraising event on Friday, August 21, 2009. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received.)
G) Approval of the request from Eugene Hurd, Jr., to close Pearl Street from Mechanic Street to west of 132 W. Pearl Street, beginning at 7:00 a.m. until 10:00 p.m. on Saturday, August 1, 2009, to conduct the 1st Annual Tailgate Meat Festival, contingent on receipt of proper special event insurance coverage (previous request postponed due to scheduling conflict). (Recommended approval received from the Police, Fire, Traffic Engineering and Public Services Departments, and the Downtown Development Authority.)
H) Approval of Traffic Control Order (TCO) Nos. 2007 thru 2018, to review changing all on street parking within the Meterless Parking District to a one hour limit at the request of the Parking Advisory Committee. (Downtown Development Authority concurs with Parking Advisory Committee recommendations.)
I) Removed for separate consideration.
J) Receipt of the Community Development Department CDBG Financial Report through May 31, 2009.
CONSENT CALENDAR ITEM I.
Receipt of the City of Jackson's summary of revenue and expenditures for eleven (11) months ended, May 31, 2009.
Regarding Page 6 of the Financial Statements - Trust and Agency Funds, a motion was made by Councilmember Gaiser asking for an actuarial report for guidance on this if there are shortfalls. The motion died for lack of a second.
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to receive the summary. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. Item deleted.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT ROBERT F. COLE TO THE JACKSON TRANSPORTATION AUTHORITY FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING MARCH 1, 2012.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to confirm the recommendation to appoint Mr. Cole. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE PROPOSED USE OF THE 2009 JUSTICE ASSISTANCE GRANT (JAG) FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $33,121.00.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
B. PUBLIC HEARING ON THE REQUEST FOR TEXT AMENDMENTS TO THE CITY'S ZONING ORDINANCE REGARDING OFF-STREET PARKING STANDARDS AND THE ESTABLISHMENT OF A SPECIAL CLASS OF NONCONFORMITY FOR PARKING. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-106 (d), AND ADDING (g), CITY CODE, REGARDING OFF-STREET PARKING REQUIREMENTS.
Motion was made by Councilmember Frounfelker and seconded by Mayor Ludwig 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, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION RECOGNIZING STANTON CHARITY FOR CHILDREN AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
B. CONSIDERATION OF A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR SERVICES PROVIDED BY THE JACKSON POLICE DEPARTMENT.
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 Ludwig and Councilmembers Breeding, Howe and Frounfelker-4. Nays: Councilmember Gaiser--1. Absent: Councilmembers Greer and Polaczyk-2.
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2008-2009 STREET LIGHTING FUND BUDGET TO REFLECT AN INCREASE IN THE AMOUNT OF $90,921.00, FOR ADDITIONAL EXPENDITURES FOR THE CITY'S STREET LIGHTING, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Frounfelker and seconded by Mayor Ludwig to adopt the resolution. Not receiving the required 4 affirmative votes, the motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe and Frounfelker-3. Nays: Councilmembers Breeding and Gaiser--2. Absent: Councilmembers Greer and Polaczyk-2.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.9, 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 Frounfelker and seconded by Councilmember Breeding to adopt Ordinance No. 2009.9. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
1. RESOLUTION ESTABLISHING A FEE SCHEDULE FOR PAWNBROKERS, SECONDHAND DEALERS, AND JUNKYARD OPERATORS LICENSES.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
B. FINAL ADOPTION OF ORDINANCE NO. 2009.10, 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 Frounfelker and seconded by Councilmember Gaiser to adopt Ordinance No. 2009.10. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
OTHER BUSINESS.
A. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING THE 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT:
1. APPROVAL OF THE ALLOCATION OF AN ADDITIONAL $2,801.00 IN CDBG FUNDS;
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to approve the allocation of additional funds. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
2. APPROVAL OF THE REVISED SUBRECIPIENT AGREEMENT, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE ANY MINOR MODIFICATIONS AS NEEDED, AND
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the revised subrecipient agreement and authorize the City Attorney to make any minor modifications as needed. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
3. AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE SUBRECIPIENT AGREEMENTS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to authorize the Mayor and City Clerk to execute the subrecipient agreements. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: 0. Absent: Councilmembers Greer and Polaczyk-2.
B. CONSIDERATION OF THE RECOMMENDATION TO ESTABLISH A FIVE (5) PERCENT INTEREST RATE ON SPECIAL ASSESSMENTS, AND PREPARATION OF AN ANALYSIS OF ESTIMATED INTEREST RATES ON BONDS TO BE PRESENTED TO THE CITY COUNCIL EACH TIME THE COUNCIL LEVYS SPECIAL ASSESSMENTS IN ORDER TO ESTABLISH THE INTEREST RATE ON ASSESSMENTS AT THE TIME OF THE LEVY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER AS REQUESTED BY THE CITY COUNCIL AT THE MAY 26, 2009, CITY COUNCIL MEETING.
Motion was made by Councilmember Frounfelker and seconded by Mayor Ludwig to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe and Frounfelker-4. Nays: Councilmember Gaiser-1. Absent: Councilmembers Greer and Polaczyk-2.
NEW BUSINESS.
None.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Gaiser wanted the residents of Hibbard Avenue to know that the City Manager is looking into the problem with the drainage.
Councilmember Frounfelker inquired about the status of the “lawn-mowing dilemma.” The City Manager responded with an update on the contractor and the possibility of using summer help provided by Michigan Works!
Councilmember Breeding stated he will not be able to attend the July 14, 2009, Council meeting and would like to be present when the proposed Civil Rights Ordinance is considered. The Mayor responded that consideration of the proposed ordinance will be moved to a meeting when all Councilmembers can be present.
He also discussed that he had spoken to two people who informed him that the stimulus money can be used to finance 100% of street projects and inquired why the City is assessing property owners for the Jackson Street project.
CITY MANAGER'S COMMENTS.
City Manager Ross stated information has been put together on the Acme building for the State Historic Preservation Office and this information is available for review by the public in the Community Development Department. The City is working with Congressman Schauer's office to forward that information to the State for their action.
He discussed a special meeting for Council to consider the Charter Review Committee recommendations and suggested the Mayor call a special meeting for July 7.
He referred to information from the Michigan Municipal League on revenue sharing. Another cut could cost us $850,000 to $900,000. The MML is holding a press conference and lobbying session tomorrow.
Mr. Ross stated that he has worked in this business for 39 years, with 33 years as a Manager. He will be 62 years old in October and eligible to retire. His contract provides that he give 90 days notice and he is planning to retire before the end of this year. He will look at working with the Council, as Manager, while they do a search. The earliest he is looking at is the 1st part of October and the latest would be by the end of the year. He wants to work with the Mayor and others to work out the final details. He will submit a letter at the end of the week outlining his thoughts. He believes it will take longer than 90 days to do a recruitment and he is certainly available to stay. As long as he is here he will continue to work for the Council.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to refer the City Manager's intent and his letter/documentation to the Rules & Personnel Committee for a possible recommendation as to how to proceed.
Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to amend the motion that if this matter is referred to the Rules & Personnel Committee, they will meet within 15 days. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser-2. Nays: Mayor Ludwig and Councilmembers Howe and Frounfelker-3. Absent: Councilmembers Greer and Polaczyk-2.
The main motion was then voted on and FAILED adoption by the following vote. Yeas: Councilmember Breeding-1. Nays: Mayor Ludwig and Councilmembers Howe, Gaiser and Frounfelker-4. Absent: Councilmembers Greer and Polaczyk-2.
ADJOURNMENT.
No further business being presented, Mayor Ludwig adjourned the meeting at 8:12 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
