CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:05 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 the addition to Item 14. I. under New Business. Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe 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. CONSIDERATION OF A RESOLUTION HONORING C. JAN MARKOWSKI, CITY ASSESSOR, FOR HIS MANY YEARS OF SERVICE TO THE JACKSON COMMUNITY UPON HIS RETIREMENT.
Mayor Ludwig read and presented the resolution to Mr. Markowski who received a standing ovation. Mr. Markowski stated it has been a great pleasure to work for the City. Jackson is his hometown - has been and always will be. He thanked all of the Commissioners and Councilmembers he has worked for during the past 18 years and expressed his appreciation for their support.
CITIZEN COMMENTS.
The following people spoke in support of the proposed Human Relations Commission ordinance to prohibit discriminatory conduct.
Val C. Toops, 824 Napoleon Rd.; George Brown, 312 S. Webster St.; Kathleen Conley, 714 Elmwood Ave.; Julie Nemecek, 7047 Gilroy Ct., and Dr. Christine Canning-Peterson and Ed Peterson, 1015 S. Grinnell Street.
The following people spoke in opposition to the proposed ordinance:
Dean Rieke, 3900 Pine Crest Ct.; Mark Foeller, 2538 Norvell Rd; Richard Laflamme, 1800 Jefferson Rd.; Scott England, 4107 Sycamore St.; John Hoffius, 7549 Napoleon Rd.; Floyd Hutchins, 3145 Catalpa Dr.; Brad Foster, 810 Bush St.; Michael Pahl, 115 Avondale Ave.; Bryant Ramsey, 4769 Norvell Rd.; Stephen Artz, 1150 S. Elm St., and David Maynard, 3795 Doering Dr.
Scott TenBrink, 225 N. Jackson Street, spoke in support of the resolution ordering sidewalk replacement and the agenda items related to the Artswalk project. He also stated he hopes that when the City Council makes their decision on the proposed HRC ordinance that they will give special consideration to what the people who actually live in the City had to say.
Fire Chief Larry Bosell spoke on the insurance rating evaluation, noting they will be testing the fire hydrants during the week of August 17. This testing will stir up the water causing it to be orange.
CONSENT CALENDAR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker 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 July 14, 2009 and special City Council meeting of July 22, 2009.
B. Approval of the request from Kings of Rock Entertainment to conduct their Rockapalooza band festival at the Riverwalk Amphitheatre on August 29, 2009, beginning at 1:00 p.m. and street closures for Columbus Street from Louis Glick Highway to Hupp Street, and Hupp Street from Cooper Street to Columbus Street, beginning at 8:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works and Forestry Departments and the Downtown Development Authority. Contingent upon proper insurance coverage.)
C. Approval of the request from Juvenile Diabetes Research Foundation to conduct the 2009 annual Walk to Cure Diabetes, with police assistance at Ella Sharp Park on Saturday, September 12, 2009, beginning at 10:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works, and the Parks & Recreation Departments. Proper insurance coverage received.)
D. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $12,394.10, for planning services for the month of July 2009, in accordance with the recommendation of the City Manager.
E. Approval of the request to allow the listed entities additional time to expend their Community Development Block Grant (CDBG) and HOME funding, and authorization for the Mayor and City Clerk to execute the Amended Subrecipient Agreements, in accordance with the recommendation of the Community Development Director.
F. Receipt of the Dangerous Building Report for July 30, 2009.
G. Receipt of CDBG Financial Summary Report through June 30, 2009.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT:
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the report. 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.
1. CONSIDERATION OF THE RECOMMENDATION TO APPROVE OPTION 1 (RECOMMENDED BY STAFF) FOR THE CITYWIDE SIGN INVENTORY PROJECT, WITH THE STATED REVISION IN THE COMMITTEE REPORT, AND CONTINUE TO EMPLOY AN INTERN AT A NOT-TO-EXCEED AMOUNT OF $10,771.12.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the 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.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT LAWRENCE SANDERS TO THE JACKSON DISTRICT LIBRARY BOARD OF TRUSTEES, FOR A FOUR-YEAR TERM, BEGINNING AUGUST 24, 2009, AND ENDING AUGUST 23, 2013.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the 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.
A. PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) FILED BY INNOVATIVE METAL FINISHING, LLC, LOCATED AT 1912 TOWNLEY STREET (FORMERLY 1912 BELDEN ROAD).
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION APPROVING THE APPLICATION. (CITY AFFAIRS COMMITTEE RECOMMENDS APPROVAL.)
Motion was made by Councilmember Greer 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.
B. PUBLIC HEARING TO REMOVE CERTAIN TRAFFIC SIGNALS IN THE CITY.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to direct the City Manager to have the City Engineer prepare traffic control orders for these intersections, as appropriate. 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.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NOS. 1997-020 AND 1999-368 GRANTED TO TURN TECH, 414 N. JACKSON STREET, AND FOR THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THE RESOLUTION TO THE STATE TAX COMMISSION.
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. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NO. 2000-587 FOR 3-D MACHINE COMPANY, 414 N. JACKSON STREET, AND FOR THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THE RESOLUTION TO THE STATE TAX COMMISSION.
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, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NO. 1997-512 FOR JACKSON IRON & METAL, 810 LEWIS STREET, AND FOR THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THE RESOLUTION TO THE STATE TAX COMMISSION.
Motion was made by Councilmember Frounfelker 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.
D. CONSIDERATION OF A RESOLUTION ORDERING SIDEWALK REPLACEMENT AT VARIOUS CITY LOCATIONS, IN ACCORDANCE WITH THE CITY SIDEWALK RESTORATION PROGRAM.
Motion was made by Councilmember Frounfelker 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.
E. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 (YEAR 31), 2006-2007 (YEAR 32), 2007-2008 (YEAR 33), 2008-2009 (YEAR 34), AND 2009-2010 (YEAR 35) HOME BUDGETS, TO BUDGET THE ADDITIONAL PROGRAM INCOME, TO REALLOCATE UNEXPENDED ADMINISTRATION FUNDS IN THE TOTAL AMOUNT OF $311,126.00 TO THE REHABILITATION ASSISTANCE PROGRAM, AND TO TRANSFER UNEXPENDED FUNDS IN PRIOR YEARS IN THE AMOUNT OF $792.00 TO THE SAME ACTIVITY IN THE MOST CURRENT YEAR FUNDED.
Motion was made by Councilmember Frounfelker 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.
F. CONSIDERATION OF THE FOLLOWING RESOLUTIONS REVISING THE CITY'S BUILDING INSPECTION FEES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
1. ADOPTION OF A BUILDING PERMIT FEE SCHEDULE.
2. ADOPTION OF AN ELECTRICAL PERMIT FEE SCHEDULE.
3. ADOPTION OF A MECHANICAL PERMIT FEE SCHEDULE.
4. ADOPTION OF A PLUMBING PERMIT FEE SCHEDULE.
5. ADOPTION OF A REHABILITATION PERMIT FEE SCHEDULE.
6. ADOPTION OF A DANGEROUS STRUCTURES ORDINANCE FEE SCHEDULE.
7. ADOPTION OF A MISCELLANEOUS INSPECTION FEE SCHEDULE.
8. ADOPTION OF A SIGN PERMIT FEE SCHEDULE.
9. ADOPTION OF A FENCE PERMIT FEE SCHEDULE.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the resolutions. The motion FAILED adoption by the following vote: Yeas: Mayor Ludwig and Councilmembers Greer and Polaczyk-3. Nays: Councilmembers Breeding, Howe, Gaiser and Frounfelker-4. Absent: 0.
G. CONSIDERATION OF A RESOLUTION TO REAPROPRIATE FUNDS FROM THE GENERAL FUND ACCOUNT 101-101-873 - CITY COUNCIL TRAVEL IN THE AMOUNT OF $4,000.00, AND TO APPROPRIATE THAT AMOUNT INTO ACCOUNT 101-000-699 - GENERAL FUND BALANCE.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: Councilmembers Greer and Gaiser-2. Absent: 0.
Mayor Ludwig called a recess at 8:36 p.m. and the Council reconvened at 8:44 p.m.
ORDINANCES.
A) CONSIDERATION OF AN ORDINANCE ADDING ARTICLE II TO CHAPTER 24, SECTIONS 24.5-51, CITY CODE, TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND EXERCISE REASONABLE CONTROL OVER THE RIGHT-OF-WAY BY REGULATING THE USE AND OCCUPATION OF SUCH RIGHT-OF-WAY BY VIDEO SERVICE PROVIDERS WHO LACK A METRO ACT PERMIT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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.
B) CONSIDERATION OF AN ORDINANCE ADDING ARTICLE III TO CHAPTER 15, CITY CODE, TO PROVIDE AN ORDINANCE PROHIBITING DISCRIMINATORY CONDUCT. (DELAYED AT THE JUNE 9, 2009, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Howe to reject the ordinance. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Gaiser-2. Absent: 0.
EXTRA
Motion was made by Mayor Ludwig and seconded by Councilmember Greer to suspend Roberts Rules of Order. 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.
Community Development Director Carol Konieczki introduced Cathy Thomas, Sony TV Location Manager. Ms. Thomas thanked everyone for their assistance in the Alice Cooper filming.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to return to Roberts Rules of Order. 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.
A. CONSIDERATION OF THE REQUEST FOR CITY COUNCIL INPUT ON THE 2011-2014 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) LIST.
No action taken.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL TO THE CONTRACT WITH HI-TEC BUILDING SERVICES, JENISON, IN THE AMOUNT OF $50,940.00, FOR JANITORIAL SERVICES FOR CITY HALL, DEPARTMENT OF PUBLIC SERVICES, WATER DEPARTMENT, AND THE WASTEWATER TREATMENT PLANT, IF APPROVED, THE ESCALATOR CLAUSE WILL BE REMOVED FROM THE CONTRACT FOR FUTURE RENEWALS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO PURCHASE FOUR PATROL VEHICLES, UTILIZING THE MACOMB COUNTY AND OAKLAND COUNTY PURCHASING CONTRACTS, FROM SIGNATURE FORD, OWOSSO, AND SHAHEEN CHEVROLET, LANSING, WITH A TOTAL PURCHASE PRICE OF $77,224.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE.
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, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser-1. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO STATE ELECTRONICS, LANSING, AT THEIR LOW BID PRICE OF $55,997, TO PURCHASE IP BASED RADIO EQUIPMENT UPDATING SECONDARY PSAP CAPABILITIES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE POLICE CHIEF.
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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS NOTICE, IN THE AMOUNT OF $32,450.00, FOR THE NEIGHBORHOOD STABILIZATION PROGRAM REHABILITATION PROJECT LOCATED AT 941 S. JACKSON, IN