CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:03 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Greer 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 deletion of Item D.3. under New Business and the addition of Item G. under New Business.
Motion was made by Councilmember Gaiser and seconded by Councilmember Breeding to add to the agenda an inquiry into the conditions of the separation of the Fire Chief. 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.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to amend the agenda by postponing consideration of the portion of the resolution amending the General Fund for fy 2009-2010 that specifically concerns Fire Station No. 2 until the October 6, 2009, Council meeting and to delay consideration of the ordinance that deals with the definitions of “family” and “rooming house” until the October 20, 2009, Council meeting. 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.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding--1. Absent: 0.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
The following people spoke in opposition to closing Fire Station No. 2: Gail Mahoney, 114 Moore Street; Vivian Jackson, 147 Stanley Avenue; Kay Mayle, 157 E. Mansion Street; Rev. Billy Pierce, Jr., 1502 S. Milwaukee Street; Marian Taylor, 153 E. Mansion Street; Scott Aughney, 707 N. Park Avenue, and McKinley Harrell, 311 E. Prospect Street.
Ruben Marquez, 1905 Fourth Street, wants to hear Acting Fire Chief Beyerstedt's plan before commenting on the closing of Fire Station No. 2. Jan Tornga, 1517 E. Ganson Street, spoke in support of our City Fire Fighters and expressed disappointment in the closing of the Hayes Hotel.
Chris Gorton, 305 Duryeas Point, was available to answer questions on the Jackson Junior Welfare League request.
Steven Mobley, Athens, MI, introduced himself as an independent candidate for the State Senate 19th District seat.
Steve Conley, 1910 Essex Lane, spoke in support of Randy Treacher being named City Manager.
Karen Dunigan, 1808 Broadcrest, stated that now is the time for the elected leadership of the City to act. Essential steps must be taken immediately; we need quality basic services. She recommended that Randy Treacher be considered for the Interim City Manager position.
John Wilson, 1045 S. Durand, stated he doesn't know why Karen Dunigan feels that Randy Treacher is so qualified for the interim position. He said Ms. Dunigan should be thanked for her input, but her request to hire Randy Treacher should be denied.
Dr. Christopher Jones, 2515 Cooper Street, said he would like to be considered as a candidate for the Interim City Manager position.
Monzetta Irestone, 411 S. Grinnell Street, referred to an agreement with Broadspire Services on the agenda, stating that it will eliminate a job in the Personnel and Labor Relations Department.
CONSENT CALENDAR.
Councilmember Greer requested Items A and G be removed for separate consideration. Councilmember Breeding requested Item H be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Items A, G and H 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
A. Removed for separate consideration.
B. Approval of the request from the Jackson High School Homecoming Parade Committee to close Brown Street from Michigan Avenue to Wildwood, and Wildwood from Daniel Road to Lydia Street, to hold their annual Homecoming Parade on Friday, October 16, 2009, with police assistance, beginning at 6:00 p.m. (Approval recommended by the Police, Fire, and Traffic Engineering Departments. Proper insurance coverage received.)
C. Approval of the request from the Jackson Junior Welfare League to request closure of the 100 block of N. Mechanic Street from 12:00 p.m. through 12:00 a.m., to have a “mini” antique car display and request usage of municipal lots number 5 and 14 to hold their annual fundraiser event on Sunday, October 11, 2009, at the Michigan Theatre, 127 N. Mechanic Street. (Approval recommended by the Police, Fire, Traffic Engineering, Public Works and Parks/Forestry Departments and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the offer to purchase the City-owned property located on Colfax Street, Stencil 3-3222.5 (vacant lot), in the amount of $1,500.00, waive a development agreement, conditioned upon the homeowner's combining this parcel with their current property, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to approval and minor modifications by the City Attorney, in accordance with the recommendation of the Community Development Director.
E. Approval of the request for a City water service extension to the properties located at 908, 1002, and 1018 S. Brown Street (Summit Township), in accordance with the recommendation of the City Engineer.
F. Approval of Traffic Control Order Nos. (TCO) 2030 and 2031, prohibiting parking on the east side of N. East Avenue from Homewild Avenue to Burr Street, and on the east side of N. East Avenue from Burr Street to Ganson Street, respectively, in accordance with the recommendation of the City Engineer.
G. Removed for separate consideration.
H. Removed for separate consideration.
I. Receipt of the Dangerous Building Report for August 31, 2009.
J. Referral of a text amendment to the zoning ordinance, City Code, Chapter 28, addressing cell towers and cell antennas, and establishment of a public hearing at the City Planning Commission meeting.
K. Establishment of October 6, 2009, at the City Council meeting as the time and place to hold a public hearing to hear public comments for the submittal of a United States Environmental Protection Agency Site Assessment Grant for hazardous substances.
CONSENT CALENDAR ITEM A.
Approval of the minutes of the regular City Council meeting of September 8, 2009.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the minutes, with the correction of the name “Kevin Thomas” to “Kevin Thomson” under the public hearing for the ordinance amending the definitions of “family” and “rooming house.” 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 ITEM G.
Approval of Traffic Control Order Nos. (TCO) 2032 and 2033, to install a device establishing right-of-way at the intersections of Hill Street and Spring Street, and Hill Place and Hill Street, respectively, in accordance with the recommendation of the City Engineer.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to concur with the desires of the residents of the neighborhood and have stop signs installed at these intersections. 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. Councilmember Greer distributed a petition signed by 18 residents.
CONSENT CALENDAR ITEM H.
Receipt of City Treasurer's Quarterly Report for the months of April, May, and June, 2009.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker 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.
The City Manager was asked to respectfully request that the City Treasurer give the Council a presentation of his quarterly report.
COMMITTEE REPORTS.
A. CONSIDERATION OF THE FOLLOWING RECOMMENDATIONS FROM THE RULES AND PERSONNEL COMMITTEE:
1. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE REGARDING THE ICMA-RC 401(A) QUALIFIED RETIREMENT PLAN. (REFERRED TO THE RULES AND PERSONNEL COMMITTEE AT THE SEPTEMBER 8, 2009, COUNCIL MEETING.)
A. RESOLUTION APPROVING ICMA-RC 401 (A) QUALIFIED RETIREMENT PLAN CONTRIBUTIONS FOR CERTAIN EMPLOYEES, WHICH SHALL BE TREATED AS EMPLOYER (PRE-TAX) CONTRIBUTIONS, AND SHALL BE MADE BY THE EMPLOYER IN LIEU OF CONTRIBUTIONS BY THE EMPLOYEE (POST-TAX).
Motion was made by Councilmember Gaiser and seconded by Councilmember Howe to postpone consideration of this matter for 2 weeks. The motion FAILED adoption by the following vote. Yeas: Councilmember Gaiser-1. Nays: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Abstain: Councilmember Howe-1. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to reconsider the vote. The motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmember Breeding-2. Nays: Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-5. Absent: 0.
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, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser-1. Absent: 0.
2. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND DAVID TAYLOR, CITY ASSESSOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the recommendation from the Rules and Personnel Committee. 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.
3. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND JULIUS A. GIGLIO, CITY ATTORNEY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the recommendation from the Rules and Personnel Committee. 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.
4. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND LYNN FESSEL, CITY CLERK.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the recommendation from the Rules and Personnel Committee. 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to receive the composite evaluations of the appointed officials and direct that they be placed in the affected appointed official's personnel file and that the City Councilmembers' individual evaluations of each official be secured in the office of the City Clerk. 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.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO RECEIVE CITIZEN COMMENT ON THE CITY'S PERFORMANCE IN ADMINISTERING 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. AUTHORIZATION TO SUBMIT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY THE DEADLINE OF SEPTEMBER 30, 2009.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to authorize submission of the Consolidated Annual Performance and Evaluation 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.
B. PUBLIC HEARING TO RECEIVE CITIZEN COMMENT REGARDING THE SALE OF THE INCUBATOR AT 414 N. JACKSON STREET.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 BUDGET TO REFLECT THE RECEIPT OF THE BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUND, IN THE AMOUNT OF $45,945.00.
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.
B. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4181 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
C. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4182 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
D. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4183 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
E. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4184 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
F. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4185 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
G. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 20, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4186 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolutions in Items B through G above. 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.
H. CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 (YEAR 33), 2008-2009 (YEAR 34), AND 2009-2010 (YEAR 35) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS, TO BUDGET THE ADDITIONAL PROGRAM INCOME IN THE TOTAL AMOUNT OF $26,104.00 TO THE CLEANUP ($5,000.00), THE NRC ($1,187.00), AND SPECIAL ASSESSMENTS ($19,917.00).
Motion was made by Councilmember Greer 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.
I. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR CONSTRUCTION WORK ON THE NORTH MECHANIC STREET BRIDGE PROJECT, WITH AN ESTIMATED CONSTRUCTION COST OF $1,146,000.00 (CITY'S PORTION IS $76,200.00), AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
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.
Mayor Ludwig called a recess at 8:17 p.m. The Council reconvened at 8:27 p.m.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.13 AMENDING CHAPTER 28, SECTION 28-86, SUBSECTION 6, CITY CODE, ALLOWING HANDICAP ACCESSIBLE RAMPS WITHIN REQUIRED YARDS.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.13. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
OTHER BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE SIX (6) REVOCABLE LICENSES TO BE ISSUED TO THE JACKSON TRANSPORTATION AUTHORITY, TO INSTALL SIX (6) BUS SHELTERS AT VARIOUS LOCATIONS IN THE CITY, CONTINGENT UPON THE STATE HISTORIC PRESERVATION OFFICE APPROVAL, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER. (TWO (2) WERE POSTPONED AT THE SEPTEMBER 8, 2009, CITY COUNCIL MEETING.)
© City of Jackson, 2012
