CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:04 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Howe 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to adopt the agenda. 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.
None.
CITIZEN COMMENTS.
Miriam Brown Dorsey, 1203 Lansing Avenue, discussed the Elnora V. Moorman Help Center and the closing of the Neighborhood Resource Center. She asked the Council to consider selling or leasing the Center and asked Council to provide funding for operating expenses and utilities during the first year.
Janice Sweet Fairley, 10784 S. Meridian Road, spoke on behalf of the Jackson County Branch of the NAACP, which has an office in the Neighborhood Resource Center, and asked Council for their assistance with this office.
John Wilson, 1045 S. Durand Street, spoke in opposition to the renewal of funding for the Enterprise Group.
Hakim Crampton spoke on behalf of HAPE, which has an office in the Neighborhood Resource Center, and expressed interest in purchasing the building.
Hendrik Schuur, Board Treasurer of The Enterprise Group, asked for the Council's support of the renewal of funding for the EG.
CONSENT CALENDAR.
Councilmember Frounfelker requested Item D be removed for separate consideration. Councilmember Greer requested Item G be removed for separate consideration. Motion was made by Councilmember Howe and seconded by Councilmember Gaiser to approve the following Consent Calendar, with Items D and G 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. Approval of the minutes of the regular City Council meeting of August 11, 2009 and special City Council meetings of August 18, and August 27, 2009.
B. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $10,891.41, for planning services for the month of August 2009, in accordance with the recommendation of the City Manager.
C. Approval of the request from Jackson Area Catholic Schools- Jackson Family Fall Festival, to conduct a 5K run/walk, with street closure (North Street from Cooper Street to Loomis Street) and police assistance, on September 26, 2009, beginning at 9:45 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received.)
D. Removed for separate consideration.
E. Approval of the request from St. John the Evangelist Church to hold “America Needs Fatima” at the Riverwalk Amphitheater on Sunday, October 11, 2009, beginning at 2:00 p.m. (Approval recommended by the Police, Fire, Traffic Engineering, Parks & Forestry, Public Services Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
F. Approval of the request from the Jackson YMCA to hold a group fitness class at Bucky Harris Park on Friday, September 11, and Friday, September 18, 2009, beginning at 7:30 a.m. (Approval recommended by Police, Fire, Parks and Forestry Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
G. Removed for separate consideration.
H. Approval of Traffic Control Order No. (TCO) 2029, returning Gibson Place between Cooper Street and N. Francis Street to two-way traffic, and rescinding Traffic Control Order (TCO) No. 1869, in accordance with the recommendation of the City Engineer.
I. Approval of Final Change Order No. 2 to the contract with Concord Excavating and Grading, Inc., in the decreased amount of $29,140.82, for the Dwight Street Watermain Replacement project, and authorization for the City Manager, and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
J. Approval of the request to allow the American Red Cross additional time to expend their Community Development Block Grant (CDBG) and HOME funding, and authorization for the Mayor and City Clerk to execute the Amended Subrecipient Agreement, in accordance with the recommendation of the Community Development Director.
K. Approval of the request of the Community Development Director to disseminate the draft Consolidated Annual Evaluation and Performance Report (CAPER) for public review and begin the 15-day comment period, and hold a public hearing on September 22, 2009, to receive citizen comment regarding the CAPER. (Public hearing was established with the Timeline at the November 18, 2008, Council meeting.)
L. Receipt of a Summons and Complaint filed in Circuit Court by Autumn Lowe v City of Jackson, and referral to the City Attorney for appropriate action.
M. Receipt of the City of Jackson's summary of revenue and expenditures for one (1) month ended, July 31, 2009.
N. Receipt of CDBG Financial Summary Report through July 31, 2009.
O. Referral of an application to the City Planning Commission from Ronald Snyder to rezone property located at 1001 Lansing Ave. (Stencil #1-0535), 1005 Lansing Ave. (Stencil #1-0535), 428 Hill St. (Stencil #1-0534), 422 Hill St. (Stencil #1-0537), and Hill St. (Stencil #1-0538) from C-2 to R-4.
P. Establishment of September 22, 2009, at the City Council meeting as the time and place to hold a public hearing to receive citizen comment regarding the sale of the Incubator at 414 N. Jackson Street.
CONSENT CALENDAR ITEM D.
Approval of the request from the American Cancer Society to hold the “Making Strides Against Breast Cancer Walk,” at the Riverwalk Amphitheater on Saturday, October 10, 2009, beginning at 9:00 a.m. (Approval recommended by Police, Fire, Traffic Engineering, Parks & Forestry, Public Services Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe 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.
CONSENT CALENDAR ITEM G.
Approval of Traffic Control Order Nos. 2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028, regarding removal of certain traffic signals in the city, in accordance with the recommendation of the City Engineer.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the Traffic Control Orders. 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.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE CITY'S ZONING ORDINANCE, CITY CODE, CHAPTER 28, SECTION 28-86, SUBSECTION 6, ALLOWING HANDICAP ACCESSIBLE RAMPS WITHIN REQUIRED YARDS. (CITY PLANNING COMMISSION AND ITS STAFF RECOMMENDS APPROVAL.)
Mayor Ludwig opened the public hearing. Jim Egan, 719 S. Durand, expressed his concern with the setbacks in the ordinance. The Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-86, SUBSECTION 6, CITY CODE, ALLOWING HANDICAP ACCESSIBLE RAMPS WITHIN REQUIRED YARDS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Ordinance and place it on the next regular Council meeting agenda for adoption. 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.
B. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE CITY'S ZONING ORDINANCE, CITY CODE, CHAPTER 28, SECTION 28-5, AMENDING THE DEFINITION OF “FAMILY” AND “ROOMING HOUSE.” (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Ludwig opened the public hearing. Lynn Guernsey, Gail Mahoney, Robert McNitt, Kevin Thomas, Jim Shotwell and Philip Hoffman, Jr. all spoke in opposition to the text amendment. The Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-5, CITY CODE, AMENDING THE DEFINITION OF “FAMILY” AND “ROOMING HOUSE.”
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to postpone consideration of the ordinance indefinitely.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to amend the motion by postponing consideration of the ordinance until the October 6, 2009, Council 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.
The original motion, as amended, was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Mayor Ludwig--1. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION APPROVING THE CITY'S COMMITMENT TO MATCH FUNDS WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION IN THE ESTIMATED AMOUNT OF $595,415.00, FOR THE COMPLETION OF THE GRAND RIVER ARTSWALK PROJECT.
Motion was made by Councilmember Polaczyk and seconded by Mayor Ludwig 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.
B. CONSIDERATION OF A RESOLUTION REQUESTING PREPARATION OF A HISTORIC PRESERVATION EASEMENT FOR THE GRAND RIVER ARTSWALK PROJECT BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE MICHIGAN DEPARTMENT OF HISTORY, ARTS AND LIBRARIES ACTING THROUGH THE STATE HISTORIC PRESERVATION OFFICE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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.
C. CONSIDERATION OF A RESOLUTION APPROVING THAT 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 Breeding and seconded by Councilmember Greer to refer this matter to the Rules and Personnel Committee for a 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.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19, SECTION 19-56, CITY CODE, REMOVING THE ELLA W. SHARP PARK BOARD OF TRUSTEE'S MEMBER TERM LIMITS.
Motion was made by Mayor Ludwig and seconded by Councilmember Greer to approve the ordinance and place it on the next regular Council meeting agenda for adoption. The motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmember Howe-2. Nays: Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-5. Absent: 0.
B. FINAL ADOPTION OF ORDINANCE NO. 2009.12, ADDING ARTICLE II TO CHAPTER 24, SECTIONS 24.5-51, CITY CODE, TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND EXERCISE REASONABLE CONTROL OVER THE PUBLIC RIGHT-OF-WAY BY REGULATING THE USE AND OCCUPATION OF SUCH RIGHT-OF-WAY BY VIDEO SERVICE PROVIDERS WHO LACK A METRO ACT PERMIT.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.12. 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 RENEWAL OF FUNDING TO THE ENTERPRISE GROUP IN THE AMOUNT OF $100,000.00, FOR ECONOMIC DEVELOPMENT IN THE CITY OF JACKSON, AND RECEIPT OF THE ECONOMIC DEVELOPMENT ACTIVITIES IMPACT REPORT FROM THE ENTERPRISE GROUP.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the renewal of funding. 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.
B. CONSIDERATION OF A MONTHLY LEASE AGREEMENT BETWEEN THE CITY AND ESSEX MECHANICAL TO LEASE SPACE AT 212 W. MICHIGAN AVENUE, AT A RATE OF $1.50 PER SQ. FT. FOR $375.00 PER MONTH, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR THE CITY ATTORNEY TO MAKE ANY MINOR MODIFICATIONS AS NEEDED, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT. (COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDS DENIAL.) (TABLED AT THE AUGUST 11, 2009, CITY COUNCIL MEETING.)
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to deny the request to enter into a lease. 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 DESIGNATION OF AN OFFICIAL REPRESENTATIVE AND ALTERNATE TO CAST THE VOTE OF THE MUNICIPALITY AT THE MICHIGAN MUNICIPAL LEAGUE ANNUAL BUSINESS MEETING TO BE HELD ON SEPTEMBER 23, 2009, AT THE RADISSON PLAZA HOTEL, KALAMAZOO, MI.
Motion was made by Councilmember Howe and seconded by Councilmember Gaiser to designate Councilmember Greer as the official representative and pay the registration fee of $324.00. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Frounfelker--2. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO APPROVE TWO (2) REVOCABLE LICENSES TO BE ISSUED TO THE JACKSON TRANSPORTATION AUTHORITY, TO INSTALL TWO (2) BUS SHELTERS IN THE CITY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to approve the request.
Motion was made by Mayor Ludwig and seconded by Councilmember Greer to postpone consideration of this matter until the next regular Council 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. CONSIDERATION OF THE REQUEST TO ISSUE A PURCHASE ORDER TO THE DETROIT SALT COMPANY, DETROIT, AT THEIR BID PRICE OF $39.88 PER TON, FOR AN ESTIMATED CONTRACT COST OF $171,484.00, (THIRD AND FINAL YEAR OF THE JACKSON COUNTY ROAD COMMISSION CONTRACT) FOR 2009-2010 ROAD SALT PURCHASE FOR LOCAL AND MAJOR CITY STREETS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE JACKSON COUNTY ROAD COMMISSION, AND THE CITY ENGINEER.
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 Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE REQUEST TO ISSUE A PURCHASE ORDER TO NORTH AMERICAN SALT COMPANY, OVERLAND, KANSAS, AT THEIR BID PRICE OF $57.83 PER TON (APPROXIMATELY $57,830.00) FOR 2009-2010 ROAD SALT PURCHASE FOR STATE TRUNKLINES (AS MANDATED BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION THROUGH THE STATE OF MICHIGAN SALT PURCHASE CONTRACT) (ONE YEAR CONTRACT), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER, AND THE STATE OF MICHIGAN.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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.
E. CONSIDERATION OF THE REQUEST TO EXTEND THE DEVELOPMENT AGREEMENT FOR 313 AND 315 WEST WESLEY AS REQUESTED BY JEANNETTE WOODARD, WOODARD & ASSOCIATES ARCHITECTS, INC., AND AUTHORIZATION FOR STAFF TO PREPARE THE NECESSARY DOCUMENTS AND TAKE ANY OTHER ACTION NECESSARY TO COMPLETE THIS TRANSACTION, AND FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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: Councilmember Breeding--1. Absent: 0.
F. CONSIDERATION OF THE REQUEST TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE JACKSON COUNTY CONTINUUM OF CARE (COC) AND COC'S DESIGNATED HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) LEAD AGENCY, COMMUNITY ACTION AGENCY, REGARDING THE COORDINATION OF THE HPRP FUNDING AND ACTIVITIES IN THE CITY, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser 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.
G. CONSIDERATION OF THE APPROVAL OF THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM SUBGRANTEE AGREEMENT, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS IF NEEDED, AND FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
© City of Jackson, 2012
