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 Frounfelker gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Carl L. Breeding-1.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted a change to Item K under New Business and the addition of Item L under New Business. 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
PRESENTATIONS/PROCLAMATIONS.
A) PRESENTATION OF THE CITYWIDE SIGN INVENTORY BY BEN WHITING, SIGN INVENTORY INTERN, AND CAROL KONIECZKI, DIRECTOR, COMMUNITY DEVELOPMENT DEPARTMENT.
Ms. Konieczki and Mr. Whiting reported that 96% of the City has been inventoried for signage. Currently, 47.7% or 673 of 1427 sites visited have Sign Ordinance issues. There are 3 alternatives to consider for the next phase of the project or the option to shelve the information without any follow-up action.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to refer the matter to the City Affairs Committee for a recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
CITIZEN COMMENTS.
Scott Aughney, 707 N. Park Avenue, remarked on local businesses closing, preference for the Art colony, opposition to the proposed Civil Rights ordinance and separation of Church and State.
CONSENT CALENDAR.
Councilmember Greer requested Item K be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of June 23, 2009, and the special meeting of July 7, 2009.
B. Approval of the request from Pedal & Tour Fitness, Inc., to conduct the Mick Webster Memorial Bike Ride on city streets, Saturday, August 1, 2009, beginning at 9:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks & Recreation and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received.)
C. Approval of the request from Midtown Association to hold Taste of Jackson Food and Arts on Mechanic Street between Washington and Cortland, Saturday, August 15, 2009, beginning at 1:00 p.m., in conjunction with the Crazy Cowboy's NASCAR events. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Works Departments and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the request from the Mentoring Network of Jackson County to conduct a Mentoring Awareness March, with police assistance on Saturday, July 18, 2009, beginning at 10:00 a.m., at 500 Griswold Street and ending at Ella Sharp Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Insurance coverage received and approved.)
E. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $9,393.78, for planning services for the month of June 2009, in accordance with the recommendation of the City Manager.
F. Approval of Traffic Control Order (TCO) No. 2019, for the traffic signal in operation at the intersection of Jackson and Pearl Streets, and rescinding Traffic Control Order (TCO) No. 1821, in accordance with the recommendation of the City Engineer.
G. Receipt of a Summons and Complaint filed in Circuit Court by Rita Buckner v. City of Jackson concerning a pedestrian accident, and referral to the City Attorney for appropriate action.
H. Receipt of a Summons and Complaint filed in Circuit Court by Carol Worthy v. City of Jackson concerning a pedestrian accident, and referral to the City Attorney for appropriate action.
I. Receipt of the Dangerous Building report through June 30, 2009.
J. Referral of a text amendment to the zoning ordinance, City Code, Chapter 28, Section 28-86, Subsection 6, accommodating handicap accessible ramps in the front yards of residential properties to the City Planning Commission, and establishment of August 5, 2009, as the date and time to hold a public hearing at the City Planning Commission meeting.
K. Removed for separate consideration.
L. Establishment of August 11, 2009, at the City Council meeting as the time and place to hold a public hearing to remove certain traffic signals in the City.
CONSENT CALENDAR ITEM K.
Establishment of August 11, 2009, at the City Council meeting as the time and place to hold a public hearing on an application for an Industrial Facilities Exemption Certificate filed by Innovative Metal Finishing, LLC, 1912 Townley Street.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the establishment of the public hearing and refer the application to the City Affairs Committee for a recommendation on the exemption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT ELWYN RIDER TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FILLING A CURRENT VACANCY, BEGINNING IMMEDIATELY AND ENDING JANUARY 31, 2012.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT KELLY A. WILLIAMS AS THE CITY REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND ENDING JANUARY 31, 2011.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT ROBERT COLE TO THE JACKSON TRANSPORTATION AUTHORITY TO A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING MARCH 1, 2010, AND RESCINDING ACTION TAKEN AT THE JUNE 23, 2009, CITY COUNCIL MEETING.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Mayor's recommendation and rescind the June 23, 2009, action. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
D. APPROVAL OF THE RECOMMENDATION TO APPOINT DAVID TAYLOR TO THE CITY ASSESSOR'S POSITION EFFECTIVE AUGUST 15, 2009.
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to approve the recommendation.
Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to postpone consideration of this matter until Councilmember Breeding is present. The motion FAILED adoption by the following vote. Yeas: Councilmembers Greer and Gaiser-2. Nays: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to amend the main motion that David Taylor be named as Acting City Assessor while the proper procedure is being followed. The motion FAILED adoption by the following vote. Yeas: Councilmembers Greer and Gaiser-2. Nays: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Absent: Councilmember Breeding-1.
The main motion was voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
PUBLIC HEARINGS.
A. PUBLIC HEARING OF NECESSITY FOR THE PROPOSED RECONSTRUCTION ON JACKSON STREET BETWEEN LOUIS GLICK HIGHWAY AND GANSON STREET.
Mayor Ludwig opened the public hearing. The City Clerk reported on correspondence received from Donald Calbert, Commander Group, LLC, opposing the project. A concerned citizen, speaking on behalf of the property owners of 426 N. Jackson Street, stated he believes the City should consider deferring this project as other streets are in worse condition and stimulus funds should be inclusive, with no assessments to property owners. Ken Toll, United Way Executive Director, 536 N. Jackson Street, spoke in opposition to their assessment. Mike Carrigan, 424 N. Jackson Street, expressed concern with the amount of his special assessment and how customers will be able to get to his business if the project is undertaken. Mike Wisniewski, expressed his opposition to the project and questioned the engineering costs. He also noted that a street under construction will make it difficult for businesses. Scott Aughney, spoke in support of non-profit and small businesses and asked how this project relates to the Artswalk. George North, 401 N. Jackson Street, spoke in opposition to the project. A consultant for Hadco Supply located at 407 N. Jackson Street spoke in opposition to the project. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adopt the resolution. Not receiving the required 4 affirmative votes, the motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmembers Frounfelker and Polaczyk-3. Nays: Councilmembers Howe, Greer and Gaiser-3. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to bring this matter back at the August 11, 2009, City Council meeting for consideration. Councilmember Howe withdrew his motion.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to reconsider the vote on the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Frounfelker and Polaczyk-5. Nays: Councilmember Gaiser-1. Absent: Councilmember Breeding-1.
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 Howe, Frounfelker and Polaczyk-4. Nays: Councilmembers Greer and Gaiser-2. Absent: Councilmember Breeding-1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR CONSTRUCTION WORK ON GANSON STREET BETWEEN COOPER STREET AND EAST AVENUE, AND MORRELL STREET BETWEEN BROWN STREET AND WEST AVENUE, WITH AN ESTIMATED CONSTRUCTION COST OF $702,700.00 (CITY'S PORTION IS $8,300.00), 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 Greer and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
B. CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 FISCAL YEAR BUILDING DEMOLITION FUND BUDGET TRANSFERRING AN UNSPENT BALANCE OF $11,280.00 FROM THE 2008-2009 FISCAL YEAR BUDGET.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
C. CONSIDERATION OF THE FOLLOWING RESOLUTIONS AMENDING THE CITY CHARTER, AND AUTHORIZATION FOR THE CITY CLERK TO FILE THE RESOLUTIONS WITH THE GOVERNOR AND ATTORNEY GENERAL'S OFFICES FOR APPROVAL:
1. RESOLUTION AMENDING SECTION 5.1, CITY CHARTER, REGARDING THE REQUIREMENTS TO FILE A NOMINATING PETITION.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
2. RESOLUTION AMENDING SECTION 6.5(1), CITY CHARTER, REGARDING THE DATES FOR CONDUCTING THE CITY PRIMARY ELECTIONS.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.11, AMENDING CHAPTER 28, SECTIONS 28-106 (D), AND ADDING (G), CITY CODE, REGARDING OFF-STREET PARKING REQUIREMENTS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.11. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE BID AWARD TO TETRA TECH, INC., ANN ARBOR, IN THE AMOUNT OF $291,046.00 FOR ENGINEERING WORK FOR THE WASTEWATER TREATMENT PLANT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES, AND THE CITY ENGINEER.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the bid award to Tetra Tech, Inc. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
B. CONSIDERATION OF THE RECOMMENDATION TO ACCEPT A GRANT AWARD AND CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) AND THE CITY FOR THE AMOUNT OF $60,000.00 FOR A RAIL PASSENGER STATION DEVELOPMENT STUDY, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT ON BEHALF OF THE CITY, AND FOR STAFF TO PREPARE A REQUEST FOR PROPOSALS TO IMPLEMENT THIS STUDY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO GREAT LAKES ENGINEERING GROUP, LLC, LANSING, AT THEIR NOT-TO-EXCEED COST OF $60,190.68, FOR THE HIGH STREET BRIDGE PREVENTATIVE MAINTENANCE PRICE PROPOSAL AND SCOPE FOR BRIDGE ENGINEERING SERVICES, AND AUTHORIZATION FOR THE CITY MANAGER AND CITY ENGINEER TO EXECUTE THE APPROPRIATE PROPOSAL AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
D. CONSIDERATION OF THE REQUEST OF 3RD WARD CITY COUNCILMEMBER DANIEL P. GREER TO ATTEND THE MICHIGAN MUNICIPAL LEAGUE ANNUAL CONFERENCE TO BE HELD IN KALAMAZOO ON SEPTEMBER 22-25, 2009, AND FOR THE CITY TO PAY $324.00 FOR THE REGISTRATION FEE.
Motion was made by Councilmember Howe and seconded by Councilmember Gaiser to approve the request. Not receiving the required four affirmative votes, the motion FAILED adoption by the following vote. Yeas: Councilmembers Howe, Greer and Gaiser-3. Nays: Mayor Ludwig and Councilmembers Frounfelker and Polaczyk--3. Absent: Councilmember Breeding-1.
E. CONSIDERATION OF THE REQUEST TO GRANT RELIEF TO 608 HIBBARD, FROM THE EMERGENCY HAZARD GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDS TO ASSIST IN THE REPAIR OF THE BASEMENT WALL IN THE AMOUNT OF APPROXIMATELY $800.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
F. CONSIDERATION OF THE REQUEST TO FORGIVE AN OWNER-OCCUPIED HOUSING REHABILITATION LOAN, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDS, IN THE AMOUNT OF $8,500.00 FOR A SECOND MORTGAGE FOR 1
© City of Jackson, 2012
