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JULY 17, 2007

JACKSON CITY COUNCIL MEETING MINUTES

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 Greer gave the invocation and acknowledged the passing of City Manager Ross's granddaughter.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Daniel P. Greer, Sarah E. Mead, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember William A. Mure-1.
 
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Mayor Ludwig announced the additions of Item A under Other Business and Item E under New Business to the agenda. He also noted that Ms. Herbert was being reappointed to the Jackson District Library Board of Trustees.
 
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: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
None.
 
CITIZEN COMMENTS.
 
John Wilson, 1045 S. Durand Street, discussed the sale of the airport property, the reverter clause between the City and the County and the fact that he doesn't want the taxpayers of Jackson County to subsidize this business venture.
 
Deborah Reinecke, 204 Marshall Street, distributed pictures of the property next door to her, stating it is a nuisance and a danger and that she paid $1,000 to have it cleaned up. She would like reimbursement of this and assistance in purchasing the property at fair market value.
 
Ed Peterson, 1015 S. Grinnell Street, invited everyone to the 5th annual HRC Community Picnic at Ella Sharp Park pavilion on Saturday, July 21 from noon until 5:00 p.m. He also announced the 1st annual multi-cultural expo to be held in September at the Jackson County Fairgrounds.
 
CONSENT CALENDAR.
 
Councilmember Breeding requested Item F be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, with Item F removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
 Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of June 26, 2007.
 
B. Approval of the request from Jackson County Parks to close Brown Street from Randolph Boulevard to Denton Road in Cascade Falls Park on Wednesday, August 1, 2007, from 9:00 a.m. until midnight, with police assistance, to hold the Cascades 75th/Jackson County 175th Anniversary Celebration. (Recommended approval received from Police, Fire, and Traffic Engineering Departments. Proper insurance coverage received.)
 
C. Approval of the request from the Sons of Union Veterans of the Civil War, to hold a dedication of a Michigan historical marker on the site of the Civil War Camp Blair, on Sunday, July 22nd, with police assistance. (Recommended approval received from the Police, Fire and Traffic Engineering and Public Services Departments. Hold Harmless agreement executed in lieu of insurance coverage.)
 
D. Approval of the request from the Partnership Park Neighborhood Association to conduct a National Night Out Block Party on Tuesday, August 7, 2007, from 4:00 p.m. until 7:00 p.m. and to close W. Mason Street between Williams and S. Jackson, and Williams Street between Mason and Wilkins from 3:00 p.m. until 8:00 p.m. Additional requests include trash cans and barricades from DPW, a City patrol officer and firefighters with equipment if possible. (Recommended approval received from the Police, Fire, Engineering, Public Services, Parks/Forestry and Community Development Departments. Insurance coverage received and approved.)
 
E. Approval of the Region 2 Planning Commission invoice, in the amount of $30,146.34, for planning services from April 1, through June 30, 2007, in accordance with the recommendation of the City Manager.
 
F. Removed for separate consideration.
 
G. Receipt of Summons and Complaint filed in Circuit Court by Woodard & Associates v DJW Real Estate Company, LLC, City of Jackson and Jackson Public Schools regarding breach of contract concerning property located at 900 E. Pearl Street and referral to the City Attorney for appropriate action. (The City and School may have an interest in the property and are named as necessary parties to this action.)
 
H. Receipt of a temporary restraining order filed in Circuit Court by Sam M. Usman v City of Jackson regarding the demolition of 800-802 S. Mechanic Street and referral to the City Attorney for appropriate action.
 
I. Receipt with regret the resignation of Homita McDonald from the Telecommunications Advisory Board.
 
J. Receipt of the Dangerous Building Status Report through June 30, 2007.
 
K. Receipt of the Community Development Quarterly Building Permit Report.
 
L. Establishment of August 14, 2007, at the City Council meeting as the time and place to hold public hearings on the following Special Assessment rolls for streetscape construction:
 
1. Roll No. 4153 for streetscape construction on Cortland Street from Blackstone Street to Francis Street.
 
2. Roll No. 4154 for streetscape construction on Jackson Street from Louis Glick Highway to Washington Avenue.
 
CONSENT CALENDAR ITEM F.
 
Approval of the 2007-2008 Community Development Block Grant (CDBG) and HOME Subrecipient Agreements and Change Orders, in accordance with the recommendation of the Community Development Director.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the Agreements and Change Orders. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT DEBORAH HERBERT TO THE JACKSON DISTRICT LIBRARY BOARD OF TRUSTEES, BEGINNING AUGUST 24, 2007, AND ENDING AUGUST 23, 2011.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to concur with the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT SEAN CAMPBELL TO THE JACKSON TRANSPORTA- TION AUTHORITY, BEGINNING IMMEDIATELY AND ENDING MARCH 1, 2010.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
PUBLIC HEARINGS.
 
A. PRESENTATION OF THE DRAFT SIGN ORDINANCE BY DEPUTY CITY ATTORNEY SUSAN MURPHY.
 
Deputy City Attorney Murphy highlighted the draft of the Sign Ordinance discussing titles; variances; hardships; moving penalties and civil remedies to the enforcement section; business centers and groups; the fairgrounds; facades; revocable licenses; banners; real estate, sidewalk, trailer style and business promotional signs and a nonconforming sign permit filing date.
 
1. PUBLIC HEARING ON THE DRAFT SIGN ORDINANCE.
 
Mayor Ludwig opened the public hearing. Arlene Shepherd, Fourth Street resident, spoke about garage sale signs and stated she appreciates very visible signage. Bill Jackson, Real Estate Manager for Adams Outdoor Advertising, commended everyone for their diligence and work that went into this ordinance and expressed his appreciation for being afforded the opportunity to comment on this draft. Carolyn Whaley discussed signage as it relates to her business, the Teddy Bear Wharehouse. Irv French, 1015 Oakridge Drive, remarked that this situation is wide-open, friendly and has some flexibility. The Mayor closed the public hearing.
 
RESOLUTIONS.
 
A. CONSIDERATION OF THE FOLLOWING RESOLUTIONS REVISING THE CITY'S BUILDING INSPECTION FEES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
 
1. ADOPTION OF AN ELECTRICAL PERMIT FEE SCHEDULE.
 
2. ADOPTION OF A PLUMBING PERMIT FEE SCHEDULE.
 
3. ADOPTION OF A MECHANICAL PERMIT FEE SCHEDULE.
 
4. ADOPTION OF A BUILDING PERMIT FEE SCHEDULE.
 
(ACTION ON ITEM POSTPONED AT JUNE 26, 2007, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolutions. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Nays: Councilmembers Breeding and Mead-2. Absent: Councilmember Mure-1.
 
B. CONSIDERATION OF A RESOLUTION RECOGNIZING THE SOUTHWEST LITTLE LEAGUE AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A STATE OF MICHIGAN CHARITABLE GAMING LICENSE.
 
Motion was made by Councilmember Mead and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
C. CONSIDERATION OF A RESOLUTION AUTHORIZING ANDREA JACKSON'S DAUGHTERS TEARIA BAILEY AND GAYLYNN BAILEY TO SELL COLD DRINKS IN THE CITY'S CENTRAL BUSINESS DISTRICT FOR A PERIOD OF FIFTEEN DAYS.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to adopt the resolution for a period of 18 business days. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to waive the bond requirement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
ORDINANCES.
 
None.
 
OTHER BUSINESS.
 
A. CONSIDERATION OF THE RECOMMENDATION OF THE DDA DIRECTOR TO MODIFY THE CONTINGENCIES RECOMMENDED BY THE DDA AND APPROVED BY THE CITY COUNCIL ON JUNE 26, 2007, FOR THE CRAZY COWBOY EVENTS TO BE HELD ON AUGUST 3, 4, 17 AND 18, 2007, AND TO PRESENT FURTHER RECOMMENDATIONS, IF NECESSARY TO BE CONSIDERED AT THE AUGUST 14 COUNCIL MEETING FOR THE AUGUST 17 AND 18 EVENT.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the DDA modifications as outlined in the agenda packet. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO PURCHASE FOUR PATROL VEHICLES, UTILIZING THE MACOMB COUNTY PURCHASING CONTRACT, FROM SIGNATURE FORD, PERRY AND OWOSSO, MICHIGAN, WITH A TOTAL PURCHASE PRICE OF $81,324.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE.
 
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, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
B. CONSIDERATION OF THE REQUEST TO PURCHASE TWO 2008 FORD F-250 PICKUP TRUCKS, UTILIZING THE STATE OF MICHIGAN CONTRACT/MIDEAL PROGRAM, FROM GORNO FORD DEALERSHIP, WOODHAVEN, MICHIGAN, WITH A TOTAL PURCHASE PRICE OF $33,978.00, IN ACCORDANCE WITH THE DIRECTOR OF PUBLIC SERVICES, AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
C. CONSIDERATION OF THE REQUEST TO PURCHASE WATER UTILITY BILLING SOFTWARE, CONVERSION AND TRAINING FROM BS&A SOFTWARE INC., BATH, MICHIGAN, WITH A TOTAL PURCHASE PRICE OF $48,250.00, INCLUDING MAINTENANCE IN THE PURCHASE PRICE FOR THE FIRST YEAR, AND MAINTENANCE FOR THE SECOND YEAR WILL COST APPROXIMATELY $4,950.00 WITH NO CHANGE IN THE ANNUAL FEE FOR THREE (3) YEARS FROM THE DATE OF AGREEMENT, IN ACCORDANCE WITH THE DIRECTOR OF PUBLIC SERVICES.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Mead, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Mure-1.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE FINAL RENEWAL TO THE CONTRACT WITH AL WILLIAMS CLEANING AGENCY, IN THE AMOUNT OF $61,467.12, FOR JANITORIAL SERVICES FOR CITY HALL, DEPARTMENT OF PUBLIC SERVICES, WATER DEPARTMENT AND THE WASTEWATER TREATMENT PLANT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY DEPARTMENT REPRESENTATIVES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to approve the renewal with a cost of living increase of 3%. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead and Frounfelker-5. Nays: Councilmember Polaczyk-1. Absent: Councilmember Mure-1.
 
E. CONSIDERATION OF THE REQUEST FROM THE CITY ATTORNEY AND CITY ASSESSOR TO ENTER INTO A STIPULATION AND CONSENT ORDER FOR THE PENDING TAX APPEALS WITH CONSUMERS ENERGY COMPANY, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE STIPULATION AND CONSENT ORDER AND TO TAKE ANY AND ALL ACTION NECESSARY TO SETTLE THIS MATTER.
 
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, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Mure-1.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Breeding stated he would like the Manager or Finance Department to let us know how much money was spent on the Greater Bible Way Temple litigation and how much has been spent on the environmental testing on the airport landfill.
 
He believes the school is requesting that taxes be paid early and he believes the State requested taxes be paid in advance. He inquired if there is anyone who can speak to the Council about the status of property taxes, how they are determined and if there is any double dipping.