CALL TO ORDER.
The Jackson City Council met in special and regular session in City Hall and was called to order at 6:05 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, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-7. Absent: none.
Also Present: City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted the addition of Item C. under New Business. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: 0. Abstain: Councilmember Breeding-1.
EXECUTIVE SESSION TO REVIEW APPLICATIONS FOR THE CITY MANAGER SEARCH.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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.
At 7:15 p.m. a motion was made by Councilmember Greer and seconded by Councilmember Howe 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.
Interim City Manager Christopher W. Lewis was present.
· *CONSIDERATION AND SELECTION OF CANDIDATES FOR THE CITY MANAGER POSITION.*
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to direct our consultant, Education Associates, to conduct background checks and reference calls on the following individuals for the City Manager search: Mr. Brake, Mr. Crawford, Mr. Hillard, Mr. Liyeos, Mr. Mason, Mr. O'Neal and Mr. Peterson. 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.
· *PRESENTATION BY THE CITY TREASURER REGARDING THE CITY TREASURER'S QUARTERLY REPORT FOR THE MONTHS OF JULY, AUGUST, AND SEPTEMBER 2009, AND THE COLLECTION OF DELINQUENT INCOME TAXES.*
City Treasurer Andrew J. Wrozek, Jr. reviewed the City's pooled cash and investments for the months of July, August and September, 2009, as well as the financial institutions where the money is invested. He explained that the City spends approximately $1M every week for payroll and payables and he targets maturities to cover these expenses. He continued the presentation by explaining the collection of City income tax, the compliance program he began in 1984 and the amnesty program he is working on that will begin November 9 and run through November 25. In closing, Mr. Wrozek explained that some cities allow people to donate their refunds to the city, but it must go to a specific fund. He hopes that Council will consider this for Jackson.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to refer the matter of specifying a fund where proposed donations would be placed to the City Affairs Committee for a recommendation to come back to the Council at the next regular meeting. 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.
CITIZEN COMMENTS.
The following people spoke in opposition to the proposed ordinance to amend the definitions of "family" and "rooming house:" Gail Mahoney, 114 Moore; Ira Combs, Jr., 327 W. Monroe; Robert McCarthy, Consumers Services, Inc.; Kaye Whitcher, 1205 W. Franklin; Kevin Thomson, representing Lifeways; Kellie Schiller, 907 Bennett; Robert McNitt, 621 Jefferson; Kathleen Conley, 714 Elmwood (read a letter from the Fair Housing Center of Southeastern Michigan); Jon Hart, 410 Garfield; Tim Sanders, owner of 1210 Waterloo; Jean Soltis, Michael Thompson, Concord; Jim Shotwell, 1207 S. Bowen; Jay Cummings, 109 E. Biddle, and George Brown, 312 S. Webster.
The following people spoke in favor of the proposed ordinance to amend the definitions of "family" and "rooming house:" Barry Platt, 916 Allen (presented petition sheets with 38 signatures); Gerald Montgomery, 341 Hill (presented petition sheets with 69 signatures); Francis Berkemeier, 1203 W. Washington; Peter Varga, 755 Lawrence (presented a petition sheet with 18 signatures), and Ron Andrews, 915 W. Washington (presented a petition sheet with 7 signatures).
Jean Weir, 100 Armory Court, spoke about her appointment to the Historic District Commission on tonight's agenda.
CONSENT CALENDAR.
Councilmember Greer requested Item K be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Item K removed for separate consideration. 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
· Approval of the minutes of the regular City Council meeting of October 6, 2009.
· Approval of City license renewals for the year ending April 30, 2010, in accordance with the recommendation of the City Clerk.
· Approval of the request from The Salvation Army to conduct its annual Christmas Kettle solicitation within the City of Jackson, beginning Friday, November 13th through Thursday, December 24, 2009. (Recommended approval received from the Police Department and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
· Approval of the request from the Jackson County Veterans Council to close First Street from Michigan Avenue to Wildwood, to hold the annual Veterans Day Ceremony and Memorial Service at Withington Park on Wednesday, November 11, 2009, beginning at 10:45 a.m. (Approval recommended by the Police, Fire, Traffic Engineering, Public Services and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance.)
· Approval of the low bid award to Lonnie's Tree Service in the amount of $18,930.00 for the 2009-2010 CDBG Ash Tree Removal, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the Purchasing Coordinator and the Superintendent of Cemeteries, Forestry and Parks.
· Approval of Traffic Control Order (TCO) Nos. 2034 through 2037, to review changing all downtown City parking lot visitor areas from a two-hour limit to a three-hour limit, in accordance with the recommendation of the Parking Advisory Committee.
· Approval of Amendment No. 1 to the Engineering Services Contract with DLZ at an additional not to exceed contract price by $14,316.41, for additional scope of services for the Mechanic Street Bridge project, and authorization for the City Engineer and Interim City Manager to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
· Approval of the request for City water service to the property located at 1004 S. Brown Street (Summit Township) with recommended conditions, in accordance with the recommendation of the City Engineer and the Water Services Supervisor.
· Receipt of the Dangerous Building Report for September 30, 2009.
· Receipt of CDBG Financial Summary Report through September 30, 2009.
· Removed for separate consideration.
*CONSENT CALENDAR ITEM K.*
_Establishment of November 10, 2009, at the City Council meeting as the time and place to hold a public hearing on the application for an Industrial Facilities Exemption Certificate filed by KRT Precision Tool & Manufacturing, located at 1300 Mitchell Street._
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to establish the public hearing and refer the matter to the City Affairs Committee, in keeping with normal practice. 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.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
· *APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JEAN WEIR TO THE JACKSON HISTORIC DISTRICT COMMISSION FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2011.*
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the Mayor's recommendation. 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.
PUBLIC HEARINGS.
· *PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTIES LOCATED AT 1001 AND 1005 LANSING AVENUE, 422 AND 428 HILL STREET, AND A VACANT HILL STREET LOT, FROM R-1 (ONE-FAMILY RESIDENTIAL) AND C-2 (COMMUNITY COMMERCIAL) TO R-4 (HIGH-DENSITY APARTMENT AND OFFICE). (CITY PLANNING COMMISSION AND STAFF RECOMMEND DENIAL.)*
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing. 1) *CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-32, CITY CODE, REZONING PROPERTY LOCATED AT 1001 AND 1005 LANSING AVENUE, 422 AND 428 HILL STREET, AND A VACANT HILL STREET LOT, FROM R-1 (ONE-FAMILY RESIDENTIAL) AND C-2 (COMMUNITY COMMERCIAL) TO R-4 (HIGH-DENSITY APARTMENT AND OFFICE).*
Motion was made by Councilmember Greer and seconded by Councilmember Howe to concur with the City Planning Commission and the Staff and deny the request to rezone. 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.
*RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.*
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to recess as a City Council and convene as a Board of Review. 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.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4181 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4181.*
Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4182 FOR DELINQUENT MISCELLLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4182.*
Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4183 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4183.*
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4184 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4184.*
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4185 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. Jesse Griffin provided correspondence and addressed the Council regarding his property at 324 W. Morrell (Stencil No. 4-057) and a proposed assessment for two frozen water meters. The Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4185.*
Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to waive the proposed special assessment on Stencil No. 4-057 ($155.61) and adopt the resolution, 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.
· *PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4186 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.*
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. 1) *RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4186.*
Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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.
*ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL.*
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adjourn as a Board of Review and reconvene as a City Council. 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.
· *CONSIDERATION OF A RESOLUTION ESTABLISHING THE HOURS OF 6:00 P.M. TO 8:00 P.M. ON SATURDAY, OCTOBER 31, 2009, FOR HALLOWEEN TRICK OR TREATING, AND URGING RESIDENTS TO TURN PORCH LIGHTS ON BETWEEN SAID HOURS.*
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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. · *CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 BUDGET TO REFLECT THE RECEIPT OF THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT, IN THE AMOUNT OF $360,000.00.*
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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.
· *CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-185, CITY CODE, CLARIFYING THAT TRANSPORTING, CARRYING, OR POSSESSING A DANGEROUS WEAPON DOES NOT INCLUDE FIREARMS BECAUSE STATE LAW EXCLUSIVELY REGULATES FIREARMS FOR THESE PURPOSES.*
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0. · *CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-5, CITY CODE, AMENDING THE DEFINITION OF "FAMILY" AND "ROOMING HOUSE." (DELAYED AT THE SEPTEMBER 22, 2009, CITY COUNCIL MEETING.)*
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to postpone consideration of the ordinance until the November 10, 2009, Council meeting and ask Staff to discuss this further with Attorneys Robert McCarthey and Kevin Thomson. 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. · *FINAL ADOPTION OF ORDINANCE NO. 480, ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON.*
Motion was made by Councilmember Howe and seconded by Mayor Ludwig to adopt Ordinance No. 480. The motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmember Howe-2. Nays: Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-5. Absent: 0.
OTHER BUSINESS.
· *CONSIDERATION OF THE REQUEST FOR APPROVAL OF THE PROPOSED REVISED 2011-2014 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) LIST.*
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the proposed revised TIP List.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to amend the motion by switching fiscal years 2011 and 2012, so that Ganson Street will be done in 2011 and High Street will be done in 2012. 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.
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
NEW BUSINESS
· *CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO ALPHA & OMEGA CONSTRUCTION CO., IN THE AMOUNT OF $23,995.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 308 ELLERY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.*
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. · *CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD FOR A CONSTRUCTION CONTRACT TO GREAT LAKES SYSTEMS, INC., JENISON, AT THEIR LOW BID OF $157,200.00 FOR THE REMOVAL AND REPLACEMENT OF THE DEPARTMENT OF PUBLIC WORKS BUILDING ROOF, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR STAFF TO MAKE ANY NECESSARY MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT, THE CITY ENGINEER AND THE ARCHITECT, WOODARD AND ASSOCIATES.*
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. · *CONSIDERATION OF THE REQUEST TO APPROVE AMENDMENT NO. 1 TO THE TOPOGRAPHIC MAPPING SERVICES CONTRACT WITH ALPINE ENGINEERING, INC., NOVI, IN THE AMOUNT OF $4,900.00, ALLOWING THE CITY TO UTILIZE $319,000.00 IN REMAINING STIMULUS FUNDS, FOR ADDITIONAL TOPOGRAPHIC MAPPING SERVICES AND SURVEYING FOR THE GRAND RIVER ARTSWALK PROJECT AND THE ARGYLE STREET PROJECT, AND AUTHORIZATION FOR THE CITY ENGINEER AND CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENT(S).*
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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 expressed his appreciation to the audience for their input tonight. He inquired about the status of the sale of City fire trucks. Acting Chief Beyerstedt responded that he is working on a way to generate the most revenue from the sale of the fire trucks.
Councilmember Greer echoed Councilmember Gaiser's appreciation of audience input. He requested the number of signatures presented on petitions tonight during citizen comments. He also encouraged everyone to vote on Tuesday, November 3, discussing what is on the ballot.
Councilmember Frounfelker reminded everyone that there are also 2 Charter Amendment Proposals on the November 3 ballot.
Mayor Ludwig reminded everyone of the City-wide clean up day on November 14. It will be held behind the old Consumers building off of Louis Glick Highway from 8 a.m. until 1 p.m. This is a free service and a driver's license is required to prove residency.
CITY MANAGER'S COMMENTS.
Interim City Manager Lewis announced that Parks and Recreation Director Jim Parrott and his Staff applied to the Weatherwax Foundation for a grant to open Ella Sharp Park Pool next year. The requested amount of $15,000 was approved.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Breeding and seconded by Councilmember Howe to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:18 p.m.
Lynn Fessel City Clerk
© City of Jackson, 2012
