CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:05 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Polaczyk gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Kenneth E. Gaiser-1.
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 Greer to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
PRESENTATIONS/PROCLAMATIONS.
A) MAYOR WILL READ A PROCLAMATION PROCLAIMING THE WEEK OF NOVEMBER 2 THROUGH NOVEMBER 8, 2008, AS CITY EMPLOYEE RECOGNITION WEEK.
Vice Mayor Frounfelker read the proclamation.
CITIZEN COMMENTS.
Thomas Ratchford, 615 N. East Avenue, expressed his concern for the safety of children and adults riding their bicycles and skateboards and walking in the streets.
Carol Bush, Vice-president of Goodwill Industries - Jackson campus, explained why Goodwill is a good fit for the recycling center. They are already in the recycling business, they are good stewards of the donations they cannot sell in their stores and most importantly they put people to work.
John Wilson, 1045 S. Durand, discussed the Smart Zone designation and wondered how much taxpayers would have to pay to develop the infrastructures of various Smart Zone areas. He believes a lower tax burden for everyone would be the true catalyst for future economic development.
CONSENT CALENDAR.
Councilmember Breeding requested Item I be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the following Consent Calendar, with Item I removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of October 7, 2008.
B. Approval of the request from the Jackson County Veterans Council to close First Street from Michigan Avenue to Wildwood, to hold the annual Veterans Day Flag Ceremony and Memorial Service at Withington Park on Tuesday, November 11, 2008, beginning at 10:30 a.m. (Approval recommended by the Police, Fire, Traffic Engineering, Public Services and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance.)
C. Approval of the request from the Salvation Army to conduct its annual Christmas Kettle solicitation in the City from Friday, November 14, 2008, through Wednesday, December 24, 2008.
D. Approval of the request to extend support for the funding of Employee Recognition Week activities, in accordance with the recommendation of the Personnel Director and the City Manager
E. Approval of the offer to purchase City-owned property located at 208 E. Morrell St., (5.0591), in the amount of $500.00, and to negotiate a Development Agreement due to the reduced selling price and poor condition of the property, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to the approval and minor modifications by the City Attorney, in accordance with the recommendation of the Community Development Director.
F. Approval of the offer to purchase City-owned property located at 407 S. Blackstone (vacant lot), (4-0231.5), in the amount of $405.00, waive a Development Agreement on the condition that the lot be combined with the purchaser's property, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to approval and minor modifications by the City Attorney, in accordance with the recommendation of the Community Development Director.
G. Referral of an application to the City Planning Commission from Right Direction, LLC dba The Car Company to rezone property located at 616 N. Wisner Street from R-2 to C-4.
H. Receipt of the City of Jackson's summary of revenue and expenditures for three (3) months ended, September 30, 2008.
I. Item removed for separate consideration.
J. Approval of Traffic Control Order (TCO) No. 1989 for the installation of “Blind Child Area” signs on Webster Street between Elmwood Avenue and Oakdale Avenue, in accordance with the recommendation of the City Engineer.
K. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $14,280.47, for planning services for the month of September 2008, in accordance with the recommendation of the City Manager.
CONSENT CALENDAR ITEM I.
Receipt of the City Treasurer's quarterly report for the first quarter of Fiscal Year 2008-2009 ending September 30, 2008.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the report.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to amend the motion to concur in the recommendation of the City Affairs Committee.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to amend the amendment to have the third line of the first paragraph of the report read as follows: “After discussion, the Committee voted to recommend to the City Council that further consideration of the relocation of the recycling center be postponed until an appropriate city-owned site is located and recommended to the City Council.” This secondary amendment was voted on adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
The primary amendment was voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
The main motion, as amended, was voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT WILLIAM HOWELL WYNNE TO FILL A VACANCY ON THE ZONING BOARD OF APPEALS BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2010.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT BILL BENEDETTO TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING IMMEDIATELY, AND ENDING OCTOBER 13, 2011.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
PUBLIC HEARINGS.
RECESS AS CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to recess as City Council and convene as Board of Review. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4167 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4167.
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 Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4168 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4168.
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, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4169 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4169.
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, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4170 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4170.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4171 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke. The Clerk reported on correspondence received from Scott and Carol Coe regarding property located at 920 Francis and stating they did not own the property when the service (property clean-up) was performed. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4171.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, and Frounfelker-5. Nays: Councilmember Polaczyk-1. Absent: Councilmember Gaiser-1.
F. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4172 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4172.
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, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adjourn as Board of Review and reconvene as City Council. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION ESTABLISHING THE HOURS OF 6:00 P.M. TO 8:00 P.M. ON FRIDAY, OCTOBER 31, 2008, FOR HALLOWEEN TRICK OR TREATING, AND URGING RESIDENTS TO TURN PORCH LIGHTS ON BETWEEN SAID HOURS.
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, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Gaiser-1.
B) CONSIDERATION OF A RESOLUTION TO ENTER INTO A COST-PARTICIPATION CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION WORK ON WILDWOOD AVENUE BETWEEN DANIEL STREET AND NORTH WEST AVENUE, IN THE ESTIMATED TOTAL AMOUNT OF $1,012,800.00 WITH THE STATE SHARE BEING $462,000.00 AND THE CITY SHARE BEING $550,800.00, 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 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 and Frounfelker-5. Nays: Councilmember Polaczyk-1. Absent: Councilmember Gaiser-1.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BASELINE CONSTRUCTORS INC., INCREASING THE AMOUNT BY $45,565.28, FOR A TOTAL CONTRACT AMOUNT OF $643,565.28, FOR EXTRA WORK AND OR SUPPLIED EXTRA ITEMS FOR THE WASTEWATER TREATMENT PLANT IMPROVEMENTS, AND AUTHORIZATION FOR THE CITY MANAGER AND THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES.
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, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Gaiser-1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO TRI-COUNTY INTERNATIONAL TRUCKS, IN THE AMOUNT OF $64,539.96, TO PURCHASE A 2009 INTERNATIONAL CAB & CHASSIS TRUCK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
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 Howe, Greer, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Gaiser-1.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PROPOSAL OF TETRA TECH, INC., TO CONDUCT A COMBINED COMPREHENSIVE RATE STUDY OF THE CITY WASTEWATER AND WATER UTILITIES IN AN AMOUNT NOT TO EXCEED $49,609.00.