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, 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to adopt the agenda, as amended, with the addition of an executive session. 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. PRESENTATION OF SPEECHES OF THREE FIRST PLACE WINNERS OF THE HUMAN RELATIONS COMMISSION 19TH ANNUAL TERESSA T. DELPH ESSAY/ORATORICAL CONTEST.
THIRD AND FOURTH GRADES - DAQUEZ TURNER, FROST ELEMENTARY SCHOOL
FIFTH AND SIXTH GRADES - RACHEL WALKOWSKI, FROST ELEMENTARY SCHOOL
EIGHTH GRADE - TYLER SILVESTRI, NAPOLEON MIDDLE SCHOOL
Frank Weathers, Community Relations Liaison, introduced DaQuez Turner and Rachel Walkowski from Frost Elementary School who delivered their award winning speeches. Tyler Silvestri was not present.
CITIZEN COMMENTS.
Kathleen Conley, Human Relations Commission Chair, asked the Council if they had any questions on the HRC's annual report and gave an update on the Commission's upcoming activities.
Sheila Troxel, 905 Briarcliff; Karen Dunigan, 1808 Broadcrest; and Salah Huwais, Eagle Drive, discussed the Jackson Citizens for Economic Growth (JCEG) recommendations for economic enhancements to the City and JCEG's willingness to partner with the City to achieve these.
Lucy Schultz from the Department of Public Services shared information on the history and mission of the March of Dimes and discussed their upcoming Walk America event fundraiser to be held on April 26.
Eileen Rawlins, 509 Hibbard, thanked Councilmember Gaiser for bringing attention to the problem of flooding on her street and thanked the City Manager for his letter regarding catch basins. She stated she believes citizens deserve the service of leaf pickup.
Scott Fleming, Enterprise Group President and CEO, and Peter Jobson, Excel Realty Group, encouraged the City Council to support the ordinances providing PILOTs for the Armory Arts Project, Phase IB.
CONSENT CALENDAR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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 March 10, 2009.
B. Approval of the request from Council for the Prevention of Child Abuse & Neglect to have Pinwheels for Prevention at Blackman Park beginning April 1-9, 2009, (Recommended approval received from the Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
C. Approval of the request from the March of Dimes to conduct their annual Walk America event on City streets on Sunday, April 26, 2009, from 10:30 a.m. until 5:00 p.m. (walk begins at 2:00 p.m., beginning and ending in Ella Sharp Park. (Recommended approval received from the Police, Fire, Engineering, Public Services and Parks/Forestry Departments. Insurance coverage received and approved.)
D. Approval of the request from the Jackson County Rose Festival, Inc., to (1) close W. Wesley Street from First Street to S. Jackson Street, W. Franklin from First Street to S. Jackson Street, Mason Street from First Street to S. Jackson Street, and E. Franklin Street from S. Jackson to Francis Street on Sunday, June 7, 2009, between 10:00 a.m. and 2:00 p.m., (2) close S. Jackson Street from W. Wesley to Wilkins St., Greenwood Avenue from S. Jackson Street to Fourth Street, and Fourth Street from Griswold to Alpine Lake Road between 12:30 p.m. and 3:00 p.m., (3) close Oakwood Drive from E. Hickory to Walnut Lane within Sharp Park, beginning at 10:00 a.m., to conduct the 51st annual Rose Parade, and (4) hold the Party in the Park, at Ella Sharp Park on Sunday, June 7, 2009, beginning at 2:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works, and Parks/Recreation Departments and the Downtown Development Authority. Proper insurance coverage received.)
E. Approval of the request from American 1 Federal Credit Union to hold the American 1 Teen Idol Competition at the Riverwalk Amphitheater on Friday, July 10, 2009, from 10:00 a.m. until 9:00 p.m. (event begins at 5:30 p.m.). (Approval recommended by the Police, Fire, Traffic Engineering, Parks/Forestry, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Insurance coverage received and approved.)
F. Approval of the request from American 1 Federal Credit Union to hold Movie in the Park at the Riverwalk Amphitheater on Friday, August 21, 2009, from 4:00 p.m. until 11:00 p.m. (event: dark until 11:00 p.m.). (Approval recommended by the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Insurance coverage received and approved.)
G. Approval of the request to extend support for funding of the annual police awards banquet to be held in the Spring of 2009, in accordance with the recommendation of the Chief of Police.
H. Approval of Traffic Control Order (TCO) No. 1995, prohibiting parking on the west side of Seymour Street from North Street to 50 feet south of North Street, in accordance with the recommendation of the City Engineer.
I. Approval of Traffic Control Order (TCO) No. 1996, removing parking on the north side of Wildwood from Bowen to Grinnell Streets (in compliance with the City's Destination Bike Route Map), in accordance with the recommendation of the City Engineer.
J. Referral of an application to the City Planning Commission from Julie Tylutki to rezone property located at 615 Oak, 617 Oak, 616 N. Francis and 618 N. Francis from R-4 to I-1.
K. Receipt of the City of Jackson's summary of revenue and expenditures for eight (8) months ended, February 28, 2009.
L. Receipt of the Community Development Department CDBG Financial Report through February 28, 2009.
M. Receipt of the Dangerous Building Report through February 28, 2009.
COMMITTEE REPORTS.
A. CONSIDERATION OF A RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO AMEND THE RULES FOR APPOINTED OFFICIALS REGARDING NOTIFICATION OF LEAVE.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to receive the report and that the recommendation become policy. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Greer and Gaiser-3. Nays: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Absent: 0.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE CITY'S ZONING ORDINANCE ALLOWING ‘AUTOMOBILE, TRUCK AND TRAILER DISPLAY AND SALES' AS A PERMITTED USE IN I-1 (LIGHT INDUSTRIAL) DISTRICTS (WHICH WILL ALSO MAKE IT A PERMITTED USE IN THE I-2 DISTRICT). (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, SECTION 28-71, CITY CODE, ALLOWING ‘AUTOMOBILE, TRUCK AND TRAILER DISPLAY AND SALES' AS PERMITTED USE IN I-1 DISTRICTS.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular City 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.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM THE JACKSON BASKETBALL ASSOCIATION, THAT THEY BE RECOGNIZED AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to adopt the resolution. 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 A RESOLUTION APPROVING THE COST AGREEMENT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR SHARED MAINTENANCE WORK ON A TRAFFIC SIGNAL AT M-50 (MAIN) @ M-124 (WAMPLERS LAKE, BROOKLYN), AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S) FOR TRAFFIC SIGNAL CONTROL AS PREPARED BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to adopt the resolution. 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 A RESOLUTION APPROVING A LIST OF SELECTED RECONSTRUCTION AND/OR REHABILITATION STREET PROJECTS FOR THE 2010-2013 TRANSPORTATION IMPROVEMENT PLAN (TIP), TOTALING $3,088,000.00 IN FEDERAL FUNDS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to adopt the resolution. 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.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.4, ADDING CHAPTER 24, ARTICLE IV, CITY CODE, PROVIDING EXCEL-NEW URBAN LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.4. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Polaczyk-4. Nays: Councilmembers Breeding, Gaiser and Frounfelker-3. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2009.5, ADDING CHAPTER 24, ARTICLE V, CITY CODE, PROVIDING EXCEL-NEW URBAN TWO LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt Ordinance No. 2009.5. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Polaczyk-4. Nays: Councilmembers Breeding, Gaiser and Frounfelker-3. Absent: 0.
Councilmembers Breeding, Gaiser and Frounfelker stated they could not vote in support of the above ordinances because each PILOT is for 35 years.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO CONCORD EXCAVATING, CONCORD, IN THE AMOUNT OF $292,840.66, FOR THE DWIGHT STREET WATERMAIN REPLACEMENT CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND THE CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
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 Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Gaiser inquired about future budget and goal-setting sessions and invited the public to provide input.
Councilmember Frounfelker announced he will hold a 5th Ward Neighborhood meeting on March 31 at 7:00 p.m. in the Council Chambers.
Councilmember Polaczyk announced he will hold a 6th Ward Town Hall meeting on April 14 from 6 p.m. until 7 p.m. at the Cascades Elementary School. Parks and Recreation Director Jim Parrott and Recreation Supervisor Kelli Hoover will be the guest speakers.
CITY MANAGER'S COMMENTS.
City Manager Ross suggested and the Council agreed to hold a budget workshop on March 26, 2009, at 5:00 p.m. in the Council Chambers.
He also reported he is working with the Michigan Municipal League to schedule a goal-setting session. The earliest date a particular MML facilitator can meet with the City is April 24 and he is hoping that another facilitator will be available so that the session can be held prior to that.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Howe and seconded by Councilmember Gaiser to go into closed executive session. 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.
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ADJOURNMENT.
No further business being presented, Mayor Ludwig adjourned the meeting at 8:12 p.m.
Lynn Fessel
City Clerk