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 Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Mure gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead, Andrew R. Frounfelker and John R. Polaczyk-7. Absent: 0.
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 Frounfelker to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PRESENTATIONS/PROCLAMATIONS.
A. MAYOR WILL READ A PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 28 THROUGH NOVEMBER 3, 2007, AS CITY EMPLOYEE RECOGNITION WEEK.
Mayor Ludwig read the proclamation and personally thanked all City employees.
B. PRESENTATION AND UPDATE ON THE ARMORY ARTS VILLAGE BY JANE ROBINSON, THE ENTERPRISE GROUP.
Jane Robinson from the Enterprise Group gave an update on the project. Using a power point presentation, her highlights included the history of the buildings, the progress of the renovation, the uniqueness of the living spaces, the interest in this project from people all over the country, the media attention and the Armory Arts vision.
CITIZEN COMMENTS.
Kimberly Colligan, Probation Agent, and Adriene Chapman, Catholic Charities, stated they work together on the Domestic Violence Coordinating Council. They reminded everyone that domestic violence can touch everyone and their agency is available to help.
Anita Mure, Summit Township, directed remarks to Mayor Ludwig stating that at the last Council meeting he suggested he was speaking for her and members of her family and that his opinions were representative of their own. This was presumptuous as he did not contact her and any member of the family to request permission to speak for them or learn what their opinions are. She was also concerned with statements made in the newspaper regarding his desire to expand the powers of the Mayor far beyond what is in the City Charter.
Bill and Beth Martens, 1039 Sixth Street, spoke in support of Councilmembers Mure and Mead, stating that they are an asset to the community and were helpful to them in making their business successful.
Greg Gallant, 235 Long Avenue, distributed copies and discussed the City Manager's letter of September 26, 2007.
Irma Ojeda, 1413 N. Waterloo, asked Council to whom she should speak regarding a letter she received stating a ticket issued for side yard parking was incorrect and asking how to obtain a refund. She also mentioned that someone was in trouble for drunk driving and it is unfair that people are being charged with something and they haven't been found guilty yet.
CONSENT CALENDAR.
Councilmember Breeding requested Items E and F be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar with Items E and F removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of September 25, 2007.
B. Approval of a gasoline pump license for Corrigan Oil Sales at 505 N. West Avenue, in accordance with the recommendation of the City Clerk.
C. 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 Memorial Service at Withington Park on Sunday, November 11, 2007, beginning at 11:00 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.)
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. Removed for separate consideration.
F. Removed for separate consideration.
G. Acceptance of the Permanent Easement Agreement between the City and Bertie Prater, for construction of sidewalk as part of the Wildwood Avenue Street Reconstruction Project, and for staff to take all action necessary to record the same with the Jackson County Register of Deeds, in accordance with the recommendation of the City Attorney and the City Engineer.
H. Receipt, with regret, of the resignation of Melanie M. LeFevre from the Jackson Transportation Authority, effective immediately.
I. Receipt of a petition filed by Comcast Cable Company with the Federal Communication Commission (FCC) to request a Determination of Effective Competition.
J. Receipt of the Community Development Department Quarterly Building Permit Report.
K. Establishment of November 27, 2007, at the City Council meeting as the time and place to hold a public hearing to amend the City's Brownfield Plan to include Armory Arts Village - Armory Arts Commons - New Urban Townhouses Property within the Armory Arts Village at 100 Armory Court.
CONSENT CALENDAR ITEM E.
Approval of the low bid award to At A Moments Notice, Jackson, at their low bid of $19,030.00, for a contract for the Fire Station #3 Roof Replacement project, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the City Engineer, Purchasing Agent and Fire Chief.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the bid to At A Moments Notice. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CONSENT CALENDAR ITEM F.
Approval of the bid award to Woodard & Associates, Jackson, at their Not-to-Exceed bid price of $12,000.00, for the DPW building addition design and oversite services, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to award the bid for the DPW building addition design and oversite services to Kelly/Tinker for not more than $8,000.00. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, and Polaczyk-5. Nays: Councilmembers Greer and Frounfelker-2. Absent: 0.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO THE JACKSON COUNTY COMMISSION THE REAPPOINTMENT OF DAVID TAYLOR, DEPUTY CITY ASSESSOR, TO THE JACKSON COUNTY LAND BANK AUTHORITY, BEGINNING NOVEMBER 1, 2007, AND ENDING OCTOBER 31, 2011.
Motion was made by Councilmember Mead and seconded by Councilmember Mure to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION ESTABLISHING THE HOURS OF 6:00 P.M. TO 8:00 P.M. ON WEDNESDAY, OCTOBER 31, 2007, FOR HALLOWEEN TRICK OR TREATING, AND URGING RESIDENTS TO TURN PORCH LIGHTS ON BETWEEN SAID HOURS.
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NOS. 4-0703, 4-0887, AND 7-0357 FROM ASSESSMENT ROLL NO. 4148 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NO. 4-0887 FROM ASSESSMENT ROLL NO. 4149 FOR DELINQUENT MISCELLANEOUS BUILDING FUND ACCOUNTS RECEIVABLE.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NO. 4-0643 FROM ASSESSMENT ROLL NO. 4152 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS ACCOUNTS RECEIVABLE.
Motion was made by Councilmember Greer and seconded by Councilmember Mure to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2007.7 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING PROPERTY LOCATED AT 1201 E. MICHIGAN AVENUE FROM R-4 (HIGH DENSITY APARTMENT AND OFFICE) AND C-2 (COMMUNITY COMMERCIAL) TO C-4 (GENERAL COMMERCIAL).
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt Ordinance No. 2007.7. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE IMPLEMENTATION PLAN FOR THE ELECTRONIC CITY COUNCIL MEETING PACKETS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER (AS DIRECTED BY THE CITY COUNCIL AT THEIR AUGUST 14, 2007, MEETING).
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the implementation plan as presented and refer the issue of the wireless cards, the subscription portion of that, as well as the development of a recommended use policy for those using the laptop computers to the Rules and Personnel Committee and bring back a recommendation on those items at the second Council meeting in January. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Frounfelker and Polaczyk-6. Nays: Councilmember Mead-1. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO ISSUE A PURCHASE ORDER TO MORTON SALT COMPANY, CHICAGO, IL, AT THEIR BID PRICE OF $36.26 PER TON (APPROXIMATELY $25,382.00) FOR 2007-2008 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 DIRECTOR OF PUBLIC SERVICES, THE PURCHASING AGENT AND THE STATE OF MICHIGAN.
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 Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO BELL EQUIPMENT COMPANY, LAKE ORION, MI, IN THE AMOUNT OF $144,868.00, FOR THE PURCHASE OF AN ELGIN PELICAN STREET SWEEPER, 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: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
Councilmember Breeding requested a list of expected expenditures for the next three or four months.
D. CONSIDERATION OF THE PURCHASE AGREEMENT BETWEEN THE CITY, AND DALE AND BRIGITTE STEVENS FOR PROPERTY LOCATED AT 1401 WILDWOOD AVENUE, PURCHASE PRICE OF $47,500.00, FOR THE WILDWOOD AVENUE RECONSTRUCTION PROJECT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE ANY MINOR MODIFICATION(S) TO THE DOCUMENT(S) AND TO TAKE ANY AND ALL ACTION NECESSARY TO ACQUIRE THE PROPERTY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the agreement, authorize the City Manager to execute the appropriate document(s), and authorize staff to make any minor modification(s) to the document(s) and take any and all action necessary to acquire the property. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. CONSIDERATION OF AN AGREEMENT TO TEMPORARILY WAIVE ENFORCEMENT FOR THREE MONTHS OF THE MANDATORY RETIREMENT PROVISION BASED ON MEMBERS REACHING AGE 65 FOR THE ACT 345 RETIREMENT SYSTEM CONTINGENT UPON THE EXECUTION OF THE AGREEMENT BY AUTHORIZED REPRESENTATIVES FROM THE JACKSON PROFESSIONAL FIRE FIGHTERS ASSOCIATION, THE POLICE OFFICERS LABOR COUNCIL-SUPERVISORY UNIT, AND THE POLICE OFFICERS LABOR COUNCIL-NONSUPERVISORY UNIT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PERSONNEL DIRECTOR AND THE CITY MANAGER.
Motion was made by Councilmember Mead and seconded by Councilmember Polaczyk to approve the agreement, with the contingency, and authorize the Mayor and City Clerk to sign. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
F. CONSIDERATION OF A SUBORDINATION OF MORTGAGE AGREEMENT INVOLVING THE “DARYL'S DOWNTOWN” PROJECT, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the agreement, authorize the Mayor to execute the appropriate document(s) and authorize staff to make minor modifications to the agreement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Mead stated she has really tried to take the high road while allowing the judicial system to do its job. She stated for the Mayor's benefit that the only thing she is guilty of is making a stupid comment to the paper at a moment of fear. When the matter is adjudicated, it will be by Judge Klaeren and not Judge Ludwig. She has no intention of resigning her seat less than one month before the election and certainly not before she has received the investigative report on the actions of Ervin Portis. Every American is protected by the constitution that states Americans are innocent until proven guilty. Considering the fact that the Mayor has no problem repeatedly and publicly violating her rights, she is sure many would agree that he is the most dangerous type of person to be entrusted with power.
Councilmember Frounfelker announced he will hold a Neighborhood Meeting on October 24 at 7:00 p.m. in the Council Chambers. Acting Police Chief Heins will be present to introduce himself and field questions and concerns from residents. He invited the Mayoral candidates to come and introduce themselves.
Councilmember Greer announced an open house at the Jackson School of the Arts on October 14 from noon until 4:00 p.m. at 634 N. Mechanic Street. This is in conjunction with the open houses held by Art 634 on the second and fourth Sundays of each month. It is a great opportunity for the public to come down and see what is happening there.
City Manager Ross remarked on the improvements to the video system in the Chambers and asked for feedback on the quality of meetings as they are rerun.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting was adjourned at 7:58 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
