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 Howe 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: 0.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and Deputy City Clerk Angela L. Arnold.
AGENDA.
Mayor Ludwig noted the resolution for Item 10.D. has been deleted, Item 11.A. has been added and the wording for Item 12.B. should read “Section 28.32,” not Section 28.183.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk 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 CITY'S PARTNERSHIP WITH THE U.S. CENSUS BUREAU TO HELP ENSURE A FULL AND ACCURATE COUNT IN 2010.
Mayor Ludwig read the proclamation and presented it to Ms. Dizzy Warren. Ms. Warren thanked the City for the proclamation and being a partner with the U.S. Census 2010 efforts and spoke on the importance of accurate counting which is critical to the City of Jackson getting its fair share of $300 billion, which comes from population counts.
CITIZEN COMMENTS.
Hendrick Schuur of Allegiance Health and Nora Utley, property manager for Armory Arts, spoke in favor of the PUDD for Armory Arts Phase II project and asked for Council's support.
Andrew Lopez, 301 Austin, spoke of problems at Armory Arts. Mr. Lopez supports Phase II of the project only if Phase I is completed.
Peter Jobson of Excel Realty Group, Shaker Heights, OH discussed the problem in heating the Drill Hall, indicating it is not fiscally possible to heat it in the winter. Phase II will allow infrared heating and he is working with Scott Fleming to solve this problem.
Scott Fleming, of the Enterprise Group, One Jackson Square, informed Council the heating issues at Armory Arts can be resolved for Phase I only if Phase II is approved.
Scott TenBrink, Jackson Fitness Council, 225 N. Jackson asked for support of the Smart Commute lunch party at Bucky Harris Park on Friday, May 15th, and extended an invitation to Council to participate in the Smart Commute leadership ride that day, using the Falling Water Trails on that day.
Amy Carrigan, 424 N. Jackson, co-owner of the Detail Man, expressed her concern regarding her assessment costs for the proposed Jackson Street construction project and asked for a waiver of her assessment.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker 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 April 21, 2009, and special City Council meeting of April 22, 2009.
B. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $10,558.52, for planning services for the month of April 2009, in accordance with the recommendation of the City Manager.
C. Approval of miscellaneous City licenses for the year expiring April 30, 2010, in accordance with the recommendation of the City Clerk.
D. Approval of the request from the Fitness Council of Jackson to hold a Smart Commute Day lunch and awards presentation at Bucky Harris Park on Friday, May 15, 2009, beginning at 11:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry Departments, and the Downtown Development Authority. Proper insurance received.)
E. Approval of the request from the Jackson County Veterans Council to (1) conduct their annual Memorial Day Parade, with police assistance, and memorial service in Mount Evergreen Cemetery on Monday, May 25, 2009, and (2) to close requested streets at 9:00 a.m., and (3) request a contribution of $250.00. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
F. Approval of the request from the Downtown Development Authority to hold Cruise In on Friday, May 22nd, June 26th, and September 18, 2009, and to close streets from 5:30 p.m. until 9:00 p.m., and on Saturday, July 25th and August 22nd, from at 12:30 p.m. until 4:00 p.m., closing the following streets:
Michigan Avenue from Blackstone Street to Francis Street
Jackson Street from Cortland Street to Pearl Street
Mechanic Street from Washington Avenue to Pearl Street
(Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry and Public Services Departments, and the Downtown Development Authority. Insurance coverage is in place.)
G. Approval of Traffic Control Order (TCO) Nos. 1998, 1999, 2000, and 2001, regarding traffic control and traffic turning movements for possible limitations for the reconstruction of Wildwood and Daniel from Brown Street to West Avenue, in accordance with the recommendation of the City Engineer.
H. Approval of Traffic Control Order (TCO) Nos. 2002 and 2003, regarding parking regulations for the reconstruction of Jackson Street from Louis Glick Highway to Ganson Street, in accordance with the recommendation of the City Engineer.
I. Approval of Traffic Control Order (TCO) No. 2004, regarding installation of “Deaf Child Area” signs for the 800 block of West Morrell Street between West Avenue and Grinnell Street.
J. Approval of Change Order No. 1 to the contract with Concord Excavating and Grading, Inc., increasing the contract price in the amount of $5,500.00, adding the “Lift Station Pumping Bypass” item to the contract for the Dwight Street Water Main Replacement project, and authorization for the City Manager, City Engineer, and Director of Public Services to execute the appropriate document(s), and for staff to make minor modifications as needed, in accordance with the recommendation of the City Engineer.
K. Receipt of the City Engineer's report for street construction on Morrell Street from Brown to West Avenue, and establishment of May 26, 2009, at the City Council meeting as the time and place to hold a public hearing of necessity.
L. Receipt of the City Engineer's report for street construction on Ganson Street from Cooper to East Avenue, and establishment of May 26, 2009, at the City Council meeting as the time and place to hold a public hearing of necessity.
M. Receipt of the City Engineer's report for street construction on Jackson Street from Glick Highway to Ganson Street, and establishment of May 26, 2009, at the City Council meeting as the time and place to hold a public hearing of necessity.
N. Receipt of City Treasurer's Quarterly Report for the months of January, February, and March, 2009.
O. Receipt of the Community Development Department CDBG Financial Report through March 31, 2009.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE APPOINTMENT OF CHRISTOPHER W. LEWIS AS THE DIRECTOR OF THE PERSONNEL AND LABOR RELATIONS DEPARTMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the City Manager'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.
Mr. Lewis addressed the Council and indicated he looks forward to joining the leadership in Jackson and serving the employees and citizens of Jackson.
PUBLIC HEARINGS.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to recess as City Council and convene as 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.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4175 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4175.
Motion was made by Councilmember Greer 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. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4176 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4176.
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.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4177 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4177.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk 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.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4178 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4179 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4179.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk 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.
F. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4180 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4180.
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 BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adjourn as Board of Review and reconvene as 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.
G. PUBLIC HEARING ON THE CITY'S FISCAL YEAR 2009-2010 PROPOSED BUDGET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
H. PUBLIC HEARING TO CONSIDER THE SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN TO INCLUDE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDS.
Mayor Ludwig opened the public hearing. No one spoke; correspondence was received from the United Way, Neighbors in Need and Jackson County Continuum of Care. The Mayor closed the public hearing.
1. APPROVAL OF THE SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN, AUTHORIZING STAFF TO MAKE MINOR MODIFICATIONS TO ADD CITIZEN COMMENTS IF ANY;
2. ADOPTION OF THE RESOLUTION OF CERTIFICATIONS, AND
3. AUTHORIZATION FOR THE MAYOR TO SIGN FORM SF-424, THE CERTIFICATIONS, AND ANY OTHER DOCUMENTATION REQUIRED FOR SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO HUD.
Motion was made by Councilmember Breeding, and seconded by Councilmember Polaczyk to approve the Consolidated Plan 2008 Action Plan, adopt the Resolution of Certifications, authorize the Mayor to sign the documents and authorize staff to add the submitted correspondence to the filings. 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 AUTHORIZING THE MAYOR TO EXECUTE THE NEIGHBORHOOD STABILIZATION PROGRAM AGREEMENT WITH MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY IN THE AMOUNT OF $953,700.00, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATION(S) TO THE AGREEMENT IF NECESSARY FOR FINALIZATION.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to aadopt 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. CONSIDERATION OF AN ORDINANCE TO AMEND CHAPTER 28, SECTION 28.32, CITY CODE, ADOPTING AN AMENDED FINAL PLAN FOR THE ARMORY ARTS VILLAGE PUDD (POSTPONED AT THE APRIL 21, 2009 MEETING).
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the ordinance and place it on the next Council agenda for final adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk -6. Nays: Councilmember Howe-1. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2009.7 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 Polaczyk to adopt Ordinance No. 2009.7. 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.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING FINAL ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR FISCAL YEAR 2009-2010:
1. CONSIDERATION OF THE FINAL ALLOCATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDING FOR FISCAL YEAR 2009-2010;
2. APPROVAL OF THE 2009-2010 ONE-YEAR ACTION PLAN, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO ACCURATELY REFLECT THE CITY COUNCIL'S FINAL ALLOCATIONS;
3. ADOPTION OF THE RESOLUTION OF CERTIFICATIONS, AND
4. AUTHORIZATION FOR THE MAYOR TO SIGN FORM SF-424, THE CERTIFICATIONS, AND ANY OTHER DOCUMENTATION REQUIRED FOR SUBMITTAL OF THE ONE-YEAR ACTION PLAN TO HUD.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to (1) approve the following final allocation for CDBG and HOME funding for fiscal year 2009-2010; (2) approve the 2009-2010 One-Year Action Plan, and authorization for staff to make minor modifications to accurately reflect the City Council's final allocation; (3) adopt the Resolution of Certifications, and (4) authorize the Mayor to sign Form SF-424, the Certifications, and any other documentation required for submittal of the One-Year Action Plan to HUD.
Community Development Neighborhood Resource Center $ 12,000
Family Services & Children's Aid (FAST Program) $ 10,000
Jackson Affordable Housing Foreclosure Prevention $ 12,500
Jackson Affordable Housing Homeownership Program $ 6,000
Parks and Recreation MLK Youth Program