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 Gaiser 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: Interim City Manager Christopher W. Lewis, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted the addition of an executive session. Motion was made by Councilmember Howe and seconded by Councilmember Gaiser 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.
None.
CITIZEN COMMENTS.
Maxine Vincent, 137 E. Robinson; Shareena Johnson, 1120 S. Milwaukee, and Kathleen Cusick, 2006 S. Milwaukee, spoke in opposition to closing Fire Station No. 2 and laying off police officers.
Eileen Rawlins, 509 Hibbard, spoke in favor of the proposed ordinance to amend the definitions of “family” and “rooming house.”
Sandra Stewart, 210 E. Prospect; Arlene Robinson, 159 Randolph, and Rev. Jeffery Lang, 419 E. High, spoke in opposition to closing Fire Station No. 2.
Joe Filip, 755 W. Michigan, expressed concerns with police department layoffs and the loss of a position in the City Attorney's office. He hopes that the Acting Fire Chief's plan is taken into consideration.
Kathleen Conley, Human Relations Commission Chair, explained to Council that there is a vacancy on the HRC that needs to be filled. She also spoke in opposition to the proposed ordinance to amend the definitions of “family” and “rooming house.”
CONSENT CALENDAR.
Motion was made by Councilmember Howe and seconded by Councilmember Greer 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 September 22, 2009, and of the special City Council meeting of September 29, 2009.
B. Approval of miscellaneous City licenses for the year expiring April 30, 2010, in accordance with the recommendation of the City Clerk.
C. Approval of the request from Kings of Rock Entertainment to conduct their Rocktoberfest band concert at the Riverwalk Amphitheatre on Saturday, October 10, 2009, beginning at 4:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and Downtown Development Authority. Contingent upon proper insurance coverage.)
D. Approval of the extension of a Professional Service Agreement between the City and Allegiance Health, a local Employee Assistance Plan provider, in the amount of $6,486.00 per year for the term of July 1, 2009 through June 30, 2011, and authorization for the Mayor to execute the appropriate document(s), in accordance with the recommendation of the Personnel and Labor Relations Director.
E. Approval of Change Order No. 2 to the contract with Paul Bengel Mechanical Contractors in the amount of $4,331.00, covering additional expense for the Water Treatment Plant Improvements, and authorization for the Interim City Manager and Interim Water Department Director to execute the appropriate document(s).
F. Receipt of CDBG Financial Summary Report through August 31, 2009.
G. Receipt of the City of Jackson's summary of revenue and expenditures for two (2) months ended, August 31, 2009.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT INTERIM CITY MANAGER CHRISTOPHER LEWIS TO VARIOUS CITY BOARDS AND COMMISSIONS, BEGINNING IMMEDIATELY AND SERVING UNTIL A CITY MANAGER IS APPOINTED.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS REGARDING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) SITE ASSESSMENT GRANT FOR HAZARDOUS SUBSTANCES.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A GRANT APPLICATION TO THE USEPA REQUESTING $200,000.00 FOR HAZARDOUS SUBSTANCE ASSESSMENTS, SUBJECT TO MINOR MODIFICATIONS BY THE COMMUNITY DEVELOPMENT STAFF.
Motion was made by Councilmember Breeding 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.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 BUDGET TO REFLECT THE RECEIPT OF THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT, IN THE AMOUNT OF $10,000.00.
Motion was made by Councilmember Breeding 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.
B. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR RECONSTRUCTION AND WATERMAIN WORK ON N. JACKSON STREET BETWEEN LOUIS GLICK HIGHWAY AND GANSON STREET, WITH AN ESTIMATED CONSTRUCTION COST OF $895,500.00 (CITY'S PORTION IS $238,600.00), 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 Breeding 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.
ORDINANCES.
None.
OTHER BUSINESS.
A. CONSIDERATION OF THE RECOMMENDATIONS FROM THE CITY MANAGER FOR BUDGET AMENDMENTS TO THE CITY'S GENERAL FUND FOR FISCAL YEAR 2009-2010. (POSTPONED AT THE SEPTEMBER 22, 2009, CITY COUNCIL MEETING.)
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to approve Option No. 1, as outlined below, for a savings of $879,848.00:
1) Fire Department staffing as proposed by Acting Fire Chief Beyerstedt
2) Conversion of the Assistant City Attorney position from full to part time
3) Reduction of two patrol officer positions
4) Not open Sharp Park pool in June, 2010
5) Reduce the Parks, Recreation and Grounds line item by $20,000
6) Eliminate the Administrative Benefits Technician position
7) Transfer composting expenses from Forestry to Street Funds
8) Not use cell tower lease revenue for public art
Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to postpone consideration of this matter for 2 weeks. The motion FAILED adoption by the following vote. Yeas: Councilmembers Greer and Gaiser-2. Nays: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Absent: 0.
The main motion was voted on and adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Gaiser-2. Absent: 0.
1. CONSIDERATION OF AN ORDINANCE ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON. (POSTPONED AT THE SEPTEMBER 22, 2009, CITY COUNCIL MEETING.)
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to NOT approve the ordinance. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Gaiser and Polaczyk-3. Nays: Mayor Ludwig and Councilmembers Howe, Greer and Frounfelker-4. Absent: 0.
NEW BUSINESS.
None.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Polaczyk announced that October 7 is “Walk to School Day.” He asked the Interim City Manager to consider 4 furlough days between now and the end of the fiscal year for non-essential positions and would like to see those tied to holidays.
Councilmember Howe stated he is surprised and happy with how things went tonight. He also requested that a 50% cut in Councilmember compensation be considered; the City Attorney will research the legality of this option.
Councilmember Gaiser stated that we'll see how this all plays out. He hopes to see the large audiences at City Council meetings continue. He requested an update on how much money has been saved and where we stand in balancing the budget.
A motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the compensation ordinance for administrative and supervisory employees as presented.
A motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to amend the motion to eliminate line item No. 861 - vehicle allowances - from the following department budgets: 172-City Manager, 211-City Attorney, 253-City Treasurer, 301-Police Department, for a total of $19,200.00. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Greer-2. Absent: 0.
A motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to amend the motion to make the effective date of the ordinance November 6, 2009. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Frounfelker-4. Nays: Councilmembers Breeding, Gaiser and Polaczyk-3. Absent: 0.
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Frounfelker-4. Nays: Councilmembers Breeding, Gaiser and Polaczyk-3. Absent: 0.
Councilmember Greer also concurred with Councilmember Polaczyk's request regarding the furlough days.
Mayor Ludwig announced that as an additional incentive for residents to take advantage of the free clean up day on November 14, he is issuing a moratorium, starting October 12 through November 14, on the enforcement of garbage citations from the Community Development Department so every citizen will have the opportunity (and no excuse) to remove garbage and debris from their property. He urged all citizens to take advantage of this unique opportunity to remove unwanted items at no cost to themselves.
CITY MANAGER'S COMMENTS.
Interim City Manager Lewis thanked everyone in the audience who expressed their sentiments this evening. He stated that, as Interim City Manager, public safety is one of his primary focuses.
EXECUTIVE SESSION FOR LEGAL OPINIONS.
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 Frounfelker and seconded by Councilmember Greer to return to open session. The motion was adopted by unanimous voice vote.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:43 p.m.
Lynn Fessel
City Clerk