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 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 Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted the addition of the following language to Item 11.A. under Resolutions: and for staff to make minor modifications to the documents and take all other actions necessary to close. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda, as amended, with the above addition. 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 BY THE CHARTER REVIEW COMMITTEE.
Charter Review Committee Chair Ken Wyatt, Vice-chair Kathy Klaus and Parliamentarian Michael Swope addressed the Council to formally convey the Committee's final report. Committee Members Anthony Horne, Lee Hampton, Paula Harris, Renate Hurd, Rick Saltzgaber, John Vanderpool and Jon Williams were present in the audience.
1. ADOPTION OF A RESOLUTION EXPRESSING THE CITY OF JACKSON'S SINCERE APPRECIATION TO THE MEMBERS OF THE CHARTER REVIEW COMMITTEE FOR THEIR DEDICATED, PROFESSIONAL SERVICE TO THE CITY OF JACKSON.
Vice Mayor Frounfelker read the resolution. Motion was made by Councilmember Howe 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.
Mayor Ludwig presented each member with a resolution.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the Charter Review Committee's final 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.
CITIZEN COMMENTS.
Rolleen Margerum and Stephen Adkins requested assistance from the City Council regarding special assessments levied in 2007 and 2008 on the property located at 612 E. Ganson that Stephen recently inherited.
Jackson County Sheriff Dan Heins, 12th District Judge Joe Filip and MPRI Community Coordinator Lesia Pikaart all requested the Council to spare the City police department of any cuts in the interest of public safety.
Robert Czartoryski, representing Branch 232 National Association of Letter Carriers, requested a proclamation declaring May 9, 2009, as Letter Carrier Food Drive Day.
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 March 24, 2009, and special meeting minutes of March 26, 2009.
B. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $10,819.46, for planning services for the month of March 2009, in accordance with the recommendation of the City Manager.
C. Approval of the request from Orthopaedic Rehab 8K Run Committee to hold their annual run/walk on City streets on Saturday, April 18, 2009, beginning at Kuhl's Bell Tower Market at 8:00 a.m. and ending at the same, with street closures, police assistance at major intersections, and use of the small “band stand” trailer from the Department of Public Services. (Recommended approvals received by the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the request from the Family Service & Children's Aid to hold their 7th annual 5K Run for Fun on City streets on Saturday, April 25, 2009, from 8:30 a.m. until 11:00 a.m., beginning and ending at 330 W. Michigan Avenue, with police assistance at major intersections, and closure of W. Michigan Avenue between Blackstone and First Streets. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received.)
E. Approval of the request from Hanover Horton High School to provide horse carriage rides in downtown Jackson for their students on May 2, 2009, from 7:30 p.m. until 10:30 p.m., with three reserved parking spaces in front of Daryl's Downtown Restaurant. (Recommended approval received from the Police, Fire, Traffic Engineering Departments and the Downtown Development Authority. Proper insurance received from Ann Arbor Carriage, approval pending receipt of proper insurance from Hanover Horton School.)
F. Approval of the request from the Jackson Police Department to hold their annual Police Memorial Service at Bucky Harris Park on Wednesday, May 13, 2009, at 12:00 p.m., to honor Jackson County police officers who have lost their lives in the line of duty. (Approval recommended by the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments and the Downtown Development Authority. Insurance coverage is in place.)
G. Approval of the request from the Downtown Development Authority to conduct their Discover Downtown Again “DDA” Day at Bucky Harris Park, Blackman Park, and throughout downtown on Saturday, May 9, 2009, from 10:00 a.m. until 2:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
H. Approval of the request from the Downtown Development Authority to conduct their Summer Planting Day on Saturday, May 16, 2009, from 9:00 a.m. until 11:00 a.m. in downtown Jackson and Bucky Harris Park. (Recommended approval received from the Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
I. Approval of the request from Advance Packaging Corporation to conduct their annual Advance Packaging 5000 5K Run/Walk on Friday, May 15, 2009, beginning at 7:00 p.m., with police assistance and closure of one westbound lane of E. High Street from Executive Drive to Elm Street. (Recommended approvals received by the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received.)
J. Approval of the request from Daryl Hoskins, Daryl's Downtown, LLC, for authorization for temporary outdoor service on May 22, June 12, June 26, July 3, July 10, July 17, July 24, July 31, August 14, August 21, August 28, and September 25, 2009, for a series of events. (Approval recommended by the Police, Fire, Public Services, and Traffic Engineering Departments, and the Downtown Development Authority, with contingencies. Proper insurance coverage received.)
K. Approval of the request from Jackson County Parks to provide police assistance and to close Brown Street at Randolph Street and Denton Road, with class 3 barricades with lights on Friday, August 28, 2009, at 12:00 p.m. through Sunday, August 30, 2009, at 7:00 p.m., to conduct the annual Cascades Civil War Muster. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received.)
L. Receipt of a Summons and Complaint filed in Circuit Court by John Earl Easley v. City of Jackson regarding a violation of the 4th amendment, and referral to the City Attorney for appropriate action.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A) PUBLIC HEARING ON THE PROPOSED USE OF THE 2009 JUSTICE ASSISTANCE GRANT (JAG) FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $136,104.00.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE COUNTY OF JACKSON FOR THE 2009 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENT(S).
Motion was made by Councilmember Greer and seconded by Councilmember
Frounfelker to approve the Memorandum of Understanding and authorize its execution. 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 ACCEPTING AN EXCHANGE AGREEMENT BETWEEN THE CITY AND JACKSON COUNTY FOR A LAND SWAP FOR THE GRAND RIVER ARTSWALK PATH, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE DOCUMENTS AND TAKE ALL OTHER ACTIONS NECESSARY TO CLOSE.
The above language in italics was added at the time the agenda was adopted. 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.
B) CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4175 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 MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4176 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 MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4177 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 MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4178 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 MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4179 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 MAY 12, 2009, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4180 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 Polaczyk 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.
ORDINANCES.
A) FINAL ADOPTION OF ORDINANCE NO. 2009.6, AMENDING CHAPTER 28, SECTION 28-71, CITY CODE, ALLOWING ‘AUTOMOBILE, TRUCK AND TRAILER DISPLAY AND SALES' AS PERMITTED USE IN I-1 (LIGHT INDUSTRIAL) DISTRICTS.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt Ordinance No. 2009.6. 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 TO APPROVE THE LOW BID AWARD TO B & K LAWNCARE, JACKSON, WITH AN ESTIMATED CONTRACT AMOUNT OF $16,240.00 FOR THE 2009 PRIVATE LOT MOWING CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to award the contract to the low bidder, Nocturnal Lawn & Landscape, for an amount not-to-exceed $14,000.00. 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 AMENDMENT TO THE OIL AND GAS LEASE WITH WEST BAY EXPLORATION COMPANY, CORRECTING THE LEGAL DESCRIPTION, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE ANY MINOR MODIFICATIONS IF NEEDED, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the amendment, authorize the Mayor and City Clerk to execute the appropriate document(s) and authorize staff to make any minor modifications if needed. 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 ESTABLISH AND ADOPT AN “IDENTITY THEFT PROGRAM” FOR THE CITY WATER BILLING PURSUANT TO THE FEDERAL TRADE COMMISSION'S “RED FLAGS RULE,” EFFECTIVE MAY 1, 2009, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
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.
B. CONSIDERATION OF A RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION TO PREPARE A JOINT 5-YEAR PARKS AND RECREATION PLAN WITH JACKSON COUNTY INCLUDING A FEASIBILITY STUDY OF A POSSIBLE JOINT PARKS AND RECREATION SYSTEM.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to accept the proposal. 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.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Polaczyk announced he will hold a Town Hall meeting on April 14 from 6:00 p.m. until 7:00 p.m. at the Cascades Elementary School. Parks and Recreation Director Jim Parrott and Recreation Supervisor Kelli Hoover will talk about programs being offered this summer.
Councilmember Frounfelker requested a report of all outstanding receivables for fines, fees and penalties, including the number of individuals and the dollar amounts owed.
Councilmember Gaiser expressed his appreciation to the Charter Review Committee for all of their hard work. He thanked the Citizen Patriot Assistant Editor for publishing his request for public input on the budget. He has received numerous letters, met with a number of families and would like to see more input from citizens.
Councilmember Greer also thanked the Charter Review Committee for their efforts and for their report, which is easy to read and deals with tough and complicated issues. He asked the City Manager to explain the funding process for the conversion of one-way streets.
Councilmember Howe also requested the City Manager discuss the one-way street conversion matter.
Mayor Ludwig, regarding the 2009-2010 budget, discussed the current fund balance of 15% and an option of a 12.5% fund balance. He also stated that he asked the City Manager and Finance Director to develop an Option 3, which includes a fund balance of 10% and a request for City employees to forego their 3% wage increase.
CITY MANAGER'S COMMENTS.
City Manager Ross explained the issue of road funding and how it relates to the City's general fund. Street construction, especially The Jackson Area Comprehensive Transportation Study (JACTS) projects, is 80% funded by federal money from the federal gas tax. The local 20% comes from Act 51 money and the public improvement fund. By law, the City cannot spend the federal or state money allocated for road purposes for anything but road purposes and this money cannot be placed in the general fund to pay for general fund activities.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Howe 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.
Motion was made by Councilmember Howe and seconded by Councilmember Greer 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, a motion was made by Councilmember Greer and seconded by Councilmember Howe to adjourn the meeting. Mayor Ludwig adjourned the meeting at 8:46 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
