CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:00 p.m. by Vice Mayor Andrew R. Frounfelker.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Arlene Robinson, President of the Jackson County Branch of the NAACP, gave the invocation in recognition of Black History Month.
A moment of silence was observed honoring the life and service of former Mayor Fred Janke to the City of Jackson.
ROLL CALL.
Present: Vice Mayor Andrew R. Frounfelker and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, and John R. Polaczyk-5. Absent with excuse: Mayor Jerry F. Ludwig and Councilmember Kenneth E. Gaiser--2.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to delete Item 14.C. (Consideration of the request to approve the preliminary allocation for fiscal year 2009-2010 Community Development Block Grant [CDBG] and HOME programs.) and place it on the next regular City Council meeting agenda. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to move Item 7.C. from the Consent Calendar and place it under Other Business, Item 13.A. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to add an action item under City Councilmembers' comments regarding the vacant State Senate seat. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
PRESENTATIONS/PROCLAMATIONS.
A) CONSIDERATION AND PRESENTATION OF A DECLARATION OBSERVING FEBRUARY 15, 2009, AS NAACP SUNDAY, AND 2009 AS THE NAACP CENTENNIAL YEAR.
Vice Mayor Frounfelker read the declaration and presented it to Arlene Robinson, President of the Jackson County Branch of the NAACP.
CITIZEN COMMENTS.
Pegg Clevenger, 536 N. Jackson Street, stated she will be very disappointed if the City Council chooses to use CDBG funds to improve streets instead of funding nonprofit organizations, which benefit citizens.
Brian Surgener, 201 S. Mechanic Street, distributed a letter regarding meterless parking special assessments and asked that (1) he be credited for three spots, which he has a legal right to park in and (2) that the second floor of the Jackson Coffee Co. be classified as occasional use.
John Wilson, 1045 S. Durand, believes that if Council extends the closing date for 228 W. Michigan Avenue, the Hotel Hayes Development, LLC should begin paying some of the costs associated with the building. He also inquired about the status of the old Consumers building. He also remarked on the freezing of City Council salaries.
Mike Sharp, on behalf of Hotel Hayes Development, LLC, explained what they have done over the last thirteen months to try to develop 228 W. Michigan Avenue. He described numerous sets of drawings prepared for potential tenants and remarked on their out of pocket expenditures.
Bruce Inosencio, on behalf of Hotel Hayes Development, LLC, explained how they are pursuing Historic District tax credits, the time frame for this application process and how this results in the need for an extension of the closing date.
CONSENT CALENDAR.
Councilmember Breeding requested Item E be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item E removed for separate consideration. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 20, 2009, and the special City Council meetings of January 27, 2009, and February 3, 2009.
B. Receipt of City Treasurer's Quarterly Report for the months of October, November, and December, 2008.
C. Moved to Other Business, Item A, at the time the Agenda was adopted.
D. Receipt of Community Development Department CDBG Financial Report through December 31, 2008.
E. Removed for separate consideration.
F. Establishment of February 24, 2009, at the City Council meeting as the time and place to hold public hearings on the following Special Assessment Rolls for street construction:
1. Roll No. 3350 for street construction on Center Street from Ganson Street to North Street.
2. Roll No. 3351 for street construction on First Street from Greenwood to Morrell Street.
3. Roll No. 3352 for street construction on High Street from Losey Street to Market Street.
4. Roll No. 3353 for street construction on High Street from Market Street to Old Easterly City Limit.
5. Roll No. 3354 for street construction on High Street from Old Easterly City Limit to Executive Drive.
CONSENT CALENDAR ITEM E.
Referral of a proposed text amendment to the zoning ordinance allowing “automobile, truck and trailer display and sales” as permitted use in the I-1 District (which will also make it a permitted use in the I-2 District), back to the City Planning Commission.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the proposed text amendment and refer it back to the City Planning Commission. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION ALLOWING ALL CITY PROPERTY OWNERS AND/OR THEIR AUTHORIZED REPRESENTATIVES AND/OR PARTIES LIABLE FOR REAL OR PERSONAL PROPERTY TAXES TO PROTEST OR APPEAL THEIR ASSESSED VALUES, STATE EQUALIZED VALUES, AND TAXABLE VALUES TO THE MARCH BOARD OF REVIEW BY MAIL.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to adopt the resolution, with the addition of the wording “United States Postal Service first class mail.” The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
B. CONSIDERATION OF A RESOLUTION AMENDING THE 2008-2009 JACKSON POLICE DEPARTMENT BUDGET TO REFLECT RECEIPT OF A MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS (MCOLES) JUSTICE TRAINING GRANT, IN THE AMOUNT OF $39,805.00 TO CONDUCT EMERGENCY VEHICLE OPERATION TRAINING.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
C. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM DOVE HEALTH ALLIANCE, INC., 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 Breeding and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
D. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM THE READING WRITING CONNECTION, 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 Breeding and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser--2.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.2, AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 206 & 216 PAGE AVE. FROM R-4 (HIGH DENSITY APARTMENT AND OFFICE) TO C-2 (COMMUNITY COMMERCIAL).
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.2. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Howe, Greer and Polaczyk-4. Nays: Councilmember Breeding--1. Absent: Mayor Ludwig and Councilmember Gaiser-2.
OTHER BUSINESS.
A) RECEIPT OF THE COMPOSITE EVALUATION OF THE CITY MANAGER WITH DIRECTION THAT IT BE PLACED IN THE CITY MANAGER'S PERSONNEL FILE, AND THAT THE CITY COUNCILMEMBER'S INDIVIDUAL EVALUATION OF THE CITY MANAGER BE SECURED IN THE OFFICE OF THE CITY CLERK.
This Item was moved from the Consent Calendar (Item C) at the time the Agenda was adopted.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to receive the composite evaluation and direct that it be placed in the City Manager's personnel file and that the Councilmember's individual evaluation of the Manager be secured in the office of the City Clerk. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
NEW BUSINESS.
A. CONSIDERATION OF A REQUEST FROM JACKSON COUNTY TO PARTICIPATE IN AN UPDATE TO THE PLAN PREPARED IN 2000 FOR A JOINT PUBLIC SAFETY FACILITY.
Motion was made by Councilmember Greer and seconded by Vice Mayor Frounfelker to share in the cost, with our share to be up to $10,000.00, regarding the Police Department and County Sheriff's Department space needs study. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO FRAZIER WELL SERVICES, MUSKEGO, WI, IN THE AMOUNT OF $32,267.00, FOR PURCHASE OF WELL PARTS FOR WELL #7 LOCATED AT THE WATER TREATMENT PLANT, AND WELL #1 LOCATED IN ELLA SHARP PARK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PRELIMINARY ALLOCATION FOR FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
This item was postponed at the time the Agenda was adopted.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO FEB CONTRACTING, IN THE AMOUNT OF $24,900.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 754 WOODLAWN, 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: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
E. CONSIDERATION OF THE PROPOSED CHANGES TO BE USED WITH THE 2008-2009 METERLESS PARKING SPECIAL ASSESSMENT ROLLS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ASSESSOR.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to postpone consideration of the matter until the next regular City Council meeting. Not receiving the required four affirmative votes, the motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Howe and Polaczyk-3. Nays: Vice Mayor Frounfelker and Councilmember Greer-2. Absent: Mayor Ludwig and Councilmember Gaiser-2.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the changes. Not receiving the required four affirmative votes, the motion FAILED adoption by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Greer and Polaczyk-3. Nays: Councilmembers Breeding and Howe-2. Absent: Mayor Ludwig and Councilmember Gaiser--2
F. CONSIDERATION OF A RECOMMENDATION FROM THE LOCAL OFFICERS COMPENSATION COMMISSION REGARDING THE ANNUAL SALARY OF THE CITY TREASURER.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to postpone consideration until the full Council is present at the next Council meeting. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe and Greer-4. Nays: Councilmember Polaczyk-1. Absent: Mayor Ludwig and Councilmember Gaiser-2.
G. CONSIDERATION OF A RECOMMENDATION FROM THE LOCAL OFFICERS COMPENSATION COMMISSION REGARDING THE ANNUAL SALARIES OF THE MAYOR AND CITY COUNCIL.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to accept the recommendation. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Breeding inquired about the February 16 special City Council meeting, asking if the Council voted to make a presentation and, if not, who is going to speak for the Council and what is the status on this.
He also discussed the franchise fee on his Comcast billing, wondering why the City charges the company to operate, only for them to transfer this fee on to the customer. He also remarked on the volume of the City Council meetings going out to the television audience.
Councilmember Howe noted that there are no deliberations regarding a joint public safety facility, only a group trying to figure out where to put a building and how to get the money to build it.
He spoke on behalf of the Hotel Hayes Development LLC, encouraging the Council to support the extension of the closing date for 228 W. Michigan and to not hold them up on their project any longer. Let's try to help them, instead of asking them for money for utilities.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to direct staff to write a communication to the Governor urging her to call a special election to fill our vacant State Senate seat as soon as possible and that the communication include the signatures of all Councilmembers and that it be sent as soon as possible. The letter is to be from the Council, not staff, and include an invitation to the Governor to meet with us and to encourage the County to do the same. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5. Nays: 0. Absent: Mayor Ludwig and Councilmember Gaiser-2.
He requested that staff prepare a resolution for the Council's consideration at the next regular meeting on February 24 expressing our support for Jackson to be included in the commuter rail system under consideration by the Michigan Department of Transportation and the Southeastern Michigan Council of Governments and that Jackson be considered for the repair yard for the said system.
He requested that the following be placed on the February 24, 2009, City Council meeting agenda. Consideration of the recommendation from Councilmember Daniel P. Greer's evaluation of the City Manager that the City Council ask him to resign.
CITY MANAGER'S COMMENTS.
City Manager Ross stated he would like to schedule a budget workshop during the first week of March and he is looking at the middle of March for a goal setting session.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS AND A LEGAL OPINION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to go into closed executive session. The motion was adopted by the following vote. Yeas: Vice Mayor Frounfelker and Councilmembers Breeding, Howe, Greer and Polaczyk-5.
© City of Jackson, 2012
