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 addition of a presentation of recommendations from the Parking Advisory Committee. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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. PRESENTATION OF RECOMMENDATIONS FROM THE PARKING ADVISORY COMMITTEE.
Robert Cole, Chair of the Parking Advisory Committee, presented the following recommendations to the City Council:
(1) Change all off street two-hour free parking to three-hour free parking.
(2) Change all on street parking to one-hour free parking.
CITIZEN COMMENTS.
John Wilson, 1045 S. Durand Street, discussed Jackson Transportation Authority service outside the City, stating that townships, the County and villages need to pay their fair share for these services. He also asked how the heating of the Drill Hall at the Armory Arts Village will be paid for.
James Wadding, 807 First Street, stated that he believes services, such as street sweeping, should be cut prior to reducing the number of Police officers.
Kathleen Conley, HRC Chair, explained that the HRC voted to send a proposed civil rights ordinance to the Council for consideration. A civil rights ordinance is needed so that we can continue to be competitive, retain our youth and make Jackson a welcoming place.
Eugene Hurd, Jr., 224 Rosedale Place, discussed traffic coming on to Rosedale Place from the Quick Mart, causing problems in the neighborhood. He also suggested a curfew for teens 18 years of age and under, with fines for violations.
CONSENT CALENDAR.
Motion was made by Councilmember Greer 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 May 12, 2009, and special City Council meeting of May 14, 2009.
B. Approval of the request from the Crazy Cowboy, LLC to hold a NASCAR Race event June 12, 13, and 14, 2009, and to close Mechanic Street from Cortland Street to Washington Avenue, beginning at 3:00 p.m., on Friday, June 12th through 3:00 a.m. on Sunday, June 14th. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage. Insurance company requires purchase of non-refundable special event insurance.)
C. Approval of the request from the Crazy Cowboy, LLC to hold a NASCAR Race event August 14, 15, and 16, 2009, and to close Mechanic Street from Cortland Street to Washington Avenue, beginning at 3:00 p.m., on Friday, August 14th through 3:00 a.m. on Sunday, August 16th. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage. Insurance company requires purchase of non-refundable special event insurance.)
D. Approval of the request from the Crazy Cowboy, LLC to hold a Big Truck event on June 13, 2009, and to close Mechanic Street from Michigan Avenue to Washington Avenue, and Cortland from west of the Lot 8 entrance to the alley east of the Town Bar. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage. Insurance company requires purchase of non-refundable special event insurance.)
E. Approval of the request from The Crazy Cowboy, LLC, for authorization for temporary added space on June 12, 13, 14, and August 14, 15, and 16, 2009, for a series of events. (Contingent upon receipt of proper insurance coverage.)
F. Approval of the request from the American Cancer Society to conduct the Relay for Life on Friday, August 7, 2009, beginning at 6:00 p.m., and concluding on Saturday, August 8, 2009, at 6:00 p.m., and to close Randolph Boulevard between Brown and High Streets, and north bound Brown Street from Denton Road to Randolph Boulevard with Class 3 barricades. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Insurance coverage received and approved.)
G. Approval of the request from Eugene Hurd, Jr. to close Pearl Street from Mechanic Street to west of 132 W. Pearl Street, beginning at 7:00 a.m. until 10:00 p.m. on Saturday, June 20, 2009, to conduct the 1st Annual Tailgate Meat Festival, contingent upon receipt of proper special event insurance coverage. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority.)
H. Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Wastewater Treatment Plant for fiscal year 2009-2010, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
I. Approval of the low bid award to Weyand Brothers Inc., Saginaw, Michigan, in the amount of $19,555.00, for the CDBG Tree Planting Project, and authorization for the Mayor and City Clerk to execute the appropriate contract document(s), and for staff to make minor modifications to the documents and take all other actions necessary, in accordance with the Purchasing Agent, and the Superintendent of Cemeteries, Forestry, and Parks.
J. Approval of Traffic Control Order (TCO) No. 2005, adding no parking zones on Biddle Street west of Jackson Street to create clearance for turning vehicles, in accordance with the recommendation of the City Engineer.
K. Approval of Traffic Control Order (TCO) No. 2006, to review traffic control at the intersection of First and Griswold Streets, in accordance with the recommendation of the City Engineer.
L. Receipt with regret the resignation of Dawn Feldpausch from the Citizens Advisory Council for Community Development.
M. Receipt of the Community Development Department CDBG Financial Report through April 30, 2009.
N. Receipt of the Dangerous Building Report through April 30, 2009.
O. Receipt of a Summons and Complaint filed in Circuit Court by the Estates of Kimberly Lawhorn, Patricia Lawhorn, and Donald Jones by and through Charmaine Harris v. City of Jackson, and referral to the City Attorney for appropriate action.
P. Receipt of the City of Jackson's summary of revenue and expenditures for ten (10) months ended, April 30, 2009.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT COUNCILMEMBERS DANIEL P. GREER AND ANDREW R. FROUNFELKER TO THE LOCAL DEVELOPMENT FINANCE AUTHORITY/BROWNFIELD REDEVELOPMENT AUTHORITY (LDFA/BRA) FOR A FOUR-YEAR TERM EACH BEGINNING JUNE 4, 2009, AND ENDING JUNE 3, 2013.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to confirm the Mayor'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.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT WILLIAM R. ROSS TO THE CITY OF JACKSON BUILDING AUTHORITY FOR A THREE-YEAR TERM BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
A. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON MORRELL STREET FROM BROWN TO WEST AVENUE.
Mayor Ludwig opened the public hearing. Janet Jaeger, 900 S. West Avenue, spoke in favor of the project, but would prefer the street not be a truck route. Kyle King, 901 S. Thompson Street, spoke in opposition to the project, unless commercial traffic is minimized. Bruce Nowak, 815 S. Durand Street, stated he doesn't believe the road needs to be fixed and that truck traffic is excessive. The City Clerk noted correspondence from Mrs. Forrest Hill, 900 S. Thompson, objecting to the proposed 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 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. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON GANSON STREET FROM COOPER TO EAST AVENUE.
Mayor Ludwig opened the public hearing. DeForest Pierce, 548 N. Jackson Street, spoke in opposition to the amount of his assessment. Toni Jones, 511 E. Ganson Street, asked the Council to consider lowering the interest rate on special assessments and to hire contractors from Jackson County to do the construction. Jay Thornsbury, owner of three properties on Ganson Street, questioned his assessments and stated he is opposed to the project. Eugene Hurd, Jr., 224 Rosedale Place, asked how much stimulus money Jackson will receive and what budgets/requests were given to the federal government. The City Clerk noted correspondence from Janet Weeks, A-1 Lock Shop - 907 E. Ganson Street, who believes her assessment is very high and is concerned with access to her business if the project goes forward. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution and direct staff to study the interest rate on the assessments and bring back a recommendation, as to whether or not it should be changed, at our next meeting. 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 OF NECESSITY FOR STREET CONSTRUCTION ON JACKSON STREET FROM GLICK HIGHWAY TO GANSON STREET.
Mayor Ludwig opened the public hearing. George North, 401 N. Jackson Street; DeForest Pierce, 548 N. Jackson Street; and Lumen Brillantes, 426 N. Jackson Street, all spoke in opposition to the proposed project. John Kudner, Moehn Properties, stated this street was repaved in 1996 and he just finished paying that assessment three years ago and he believes all citizens of Jackson should share in this burden. He doesn't believe the street is that bad and he questioned that it is being narrowed from four lanes to three. Eugene Hurd, Jr., 224 Rosedale Place, inquired about the special assessment process. Toni Jones, 511 E. Ganson Street, asked if it could be mandatory that local workers be used on these projects. The City Clerk noted correspondence from Donald Calbert, Commander Group, LLC; Craig Little, Crankshaft Machine Group; and John Kudner, Art Moehn Chevrolet, all expressing their opposition to the proposed project. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to adopt the resolution with the assessments deleted. Councilmember Breeding withdrew his motion and Councilmember Polaczyk withdrew his second.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to reject the resolution. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Mayor Ludwig-1. Absent: 0.
Mayor Ludwig called a recess at 8:40 p.m. The Council reconvened at 8:50 p.m.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM THE OPTIMIST ICE ARENA, THAT THEY BE RECOGNIZED AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
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.
B. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM HOPE HOUSE I AND HOPE HOUSE II, THAT THEY BE RECOGNIZED AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolutions. 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 ORDERING SIDEWALK REPLACEMENT AT VARIOUS CITY LOCATIONS, IN ACCORDANCE WITH THE CITYWIDE SIDEWALK RESTORATION PROGRAM.
The City Manager requested that 1026 S. West Avenue be deleted from the resolution. Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution, as amended, with the deletion of 1026 S. West Avenue. 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 APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR THE STATE TRUNKLINE MAINTENANCE CONTRACT, FOR THE PERIOD OF OCTOBER 1, 2009, THROUGH SEPTEMBER 30, 2014, DESIGNATING THE CITY ENGINEER (STREET ADMINISTRATOR) AS THE MAINTENANCE SUPERINTENDENT, AND AUTHORIZING THE CITY MANAGER AND CITY ENGINEER 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 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.
E. CONSIDERATION OF A RESOLUTION RECOGNIZING THE 700 AND 800 BLOCKS OF GREENWOOD AVENUE (FROM GREENWOOD CEMETERY TO GOVERNOR AUSTIN BLAIR PARK) AS THE “GREENWOOD MERCHANT DISTRICT,” AND SIGNAGE BE PLACED IN THIS AREA DESIGNATING AS SUCH.
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.
F) FORMAL ACTION REGARDING THE PROPOSED FISCAL YEAR 2009-2010 ANNUAL BUDGET:
1. RESOLUTION ADOPTING THE FISCAL YEAR 2009-2010 ANNUAL BUDGET PROVIDING APPROPRIATIONS FOR VARIOUS FUNDS (EXCEPT FOR THE CDBG FUNDS WHICH ARE ADOPTED SEPARATELY), AMENDING THE CURRENT FISCAL YEAR 2008-2009 BUDGET TO THOSE AMOUNTS PROJECTED, AND ORDERING A TAX LEVY.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Frounfelker and Polaczyk-4. Nays: Councilmembers Breeding, Greer and Gaiser--3. Absent: 0.
G) CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE DOWNTOWN DEVELOPMENT AUTHORITY:
1. ADOPTION OF A RESOLUTION ORDERING A LEVY OF 1.9996 MILLS IN THE DOWNTOWN DEVELOPMENT DISTRICT.
Motion was made by Mayor Ludwig and seconded by Councilmember Gaiser 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: Councilmember Breeding--1. Absent: 0.
2. APPROVAL OF THE FISCAL YEAR 2009-2010 DDA OPERATIONS AND TIF BUDGETS.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the DDA Operations and TIF budgets. 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.
ORDINANCES.
A) FINAL ADOPTION OF ORDINANCE NO. 2009.8, AMENDING CHAPTER 28, SECTION 28.32, CITY CODE, ADOPTING AN AMENDED FINAL PLAN FOR THE ARMORY ARTS VILLAGE PUDD WITH CONDITIONS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2009.8, with the following condition read by Mayor Ludwig: The utilities associated with the PUDD proposed within the Mechanic Street right-of-way must be installed prior to or during the reconstruction of the roadway to the satisfaction of the City Engineer. 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.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE SECOND AND FINAL RENEWAL TO THE CONTRACT WITH BELDEN ASPHALT, JACKSON, IN THE AMOUNT OF $79,375.00, FOR PAVEMENT REPAIR SERVICES, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE DIRECTOR OF PUBLIC SERVICES.
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 Councilmember Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD(S) TO SCOBY CONSTRUCTION, IN THE AMOUNTS OF $27,160.00, AND $20,795.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECTS LOCATED AT 930 ALLEN AND 205 N. GRINNELL RESPECTIVELY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmember Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
© City of Jackson, 2012
