CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:02 p.m. by Mayor Jerry F. Ludwig. The Mayor wished a happy new year to his fellow Councilmembers, staff, everyone in the audience and everyone listening in.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. The invocation was given by Councilmember Greer.
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: 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 Greer 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.
A. PRESENTATION BY MARK KETTNER, REHMANN ROBSON, OF THE CITY OF JACKSON'S AUDIT REPORT FOR FISCAL YEAR 2006/07.
Mr. Kettner began by congratulating the City and Finance Director Phil Hones on being awarded the Certificate of Excellence in Financial Reporting. He noted that the net change in fund balance for the general fund was a decrease of $635,093. He also remarked that the City has 12% to 13% in general fund balance, with an unreserved portion of $2.6M. He also briefly discussed the Major Street and CDBG Funds. He concluded by stating that there are no findings and that is good news.
1. REVIEW OF MANAGEMENT LETTER COMMENTS AND SUGGESTIONS AND RECEIPT OF CITY RESPONSES.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the City responses. 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.
CITIZEN COMMENTS.
Brad Williams, Chair of the City Brownfield Redevelopment Authority - LDFA and member of the Jackson Citizens for Economic Growth, spoke in support of the new Smart Zone proposal and urged the Council to adopt the resolution supporting its creation.
Charles Brannick, representing the Paul Bengel Mechanical Company, asked the Council to take into consideration their history in Jackson and their past performance with City projects before awarding the contract for WWTP power house piping improvements.
George Brown addressed the Council representing a national organization called The League. The League does serving learning, teaching students about civic engagement, character development, volunteerism and giving back to the community. With Martin Luther King Day approaching, schools will be participating in the “giving game.” He brought with him a number of students who introduced themselves and distributed gifts and information on the “giving game” to the Mayor and Councilmembers.
CONSENT CALENDAR.
Councilmember Breeding requested Item G be removed for separate consideration. Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Item 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 December 11, 2007.
B. Approval of the request from the Jackson branch of the American Association of University Women (AAUW) to hold their 8th annual “Eleanor Roosevelt Walk/Run” on Saturday, May 17, 2008, from 9:00 a.m. until 10:30 a.m. (Recommended approval received from the Police, Fire, Public Services and Parks/Forestry Departments. Hold Harmless Agreement executed in lieu of insurance coverage.)
C. Approval of the request from the City of Jackson Safety Committee to conduct the City of Jackson Employees Safety Fair at Bucky Harris Park (rain location: Central Fire Station) on Wednesday, June 4, 2008, beginning at 9:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, Parks/Forestry Departments and the Downtown Development Authority.)
D. Approval of the request from the Jackson County Rose Festival, Inc., to (1) close W. Wesley Street from First Street to S. Jackson Street, W. Franklin from First Street to S. Jackson Street, and Mason Street from First Street to S. Jackson Street on Sunday, June 1, 2008, between 10:00 a.m. and 2:00 p.m., (2) close S. Jackson Street from W. Wesley to Wilkins St., Greenwood Avenue from S. Jackson Street to Fourth Street, and Fourth Street from Griswold to Alpine Lake Road between 12:30 p.m. and 3:00 p.m., (3) close Oakwood Drive from E. Hickory to Walnut Lane within Sharp Park, beginning at 10:00 a.m., to conduct the 50th annual Rose Parade, and (4) hold the Party in the Park, at Ella Sharp Park on Sunday, June 1, 2008, beginning at 2:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering Departments and the Downtown Development Authority. Proper insurance coverage received.)
E. Approval of Traffic Control Order No. (TCO) 1972, establishing parking restrictions on Third Street from Greenwood to Douglas, and rescinding Traffic Control Order No. (TCO) 1970, in accordance with the recommendation of the City Engineer.
F. Approval of Final Change Order No. 1 to the contract with Robert L. Johnson Construction, Inc., in the decreased amount of $3.84, for the Hibbard Avenue Water Main Replacement and Street Reconstruction project, and authorization for the City Manager, City Engineer, and Director of Public Services to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
G. Removed for separate consideration.
H. Receipt of the Downtown Development Authority Year-end Audit Report for fiscal year July 1, 2006, through June 30, 2007.
I. Receipt of City of Jackson's summary of revenue and expenditures for five (5) months ended November 30, 2007.
J. Receipt of the Community Development Department CDBG Financial Report through November 30, 2007.
K. Receipt of the Community Development Department Quarterly Building Permit Report. L. Establishment of January 22, 2008, at the City Council meeting as the time and place to hold a public hearing to amend the City's Brownfield Plan to include the Neuromuscular Center of Excellence, 1201 East Michigan Avenue (requested for January 27, 2008, at the December 11, 2007, Council meeting in error).
CONSENT CALENDAR ITEM G.
Receipt of Summons and Complaint filed in Circuit Court for Acquisition of Property, Blackman Township v City of Jackson, et al and referral to the City Attorney for appropriate action.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to receive the Summons and Complaint and refer it to the City Attorney for appropriate action. 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 TO RECEIVE CITIZEN COMMENTS ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND RECEIPT OF THE FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING PROPOSAL BOOK.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to receive the CDBG funding proposal book. 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.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4160 FOR THE OPERATION OF A METERLESS PARKING SYSTEM FOR THE DOWNTOWN AREA.
Mayor Ludwig opened the public hearing. Patrick Colligan, owner of 216 Francis Street, addressed the Council stating he objects to the amount of his special assessment and would like his business to be treated as an “occasional use.” (It should be noted that Mr. Colligan's assessment is on Roll No. 4161.) The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4160.
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, Greer, Gaiser and Frounfelker-5. Nays: Councilmembers Howe and Polaczyk-2. Absent: 0.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4161 FOR THE OPERATION OF A METERLESS PARKING SYSTEM FOR THE DOWNTOWN AREA.
Mayor Ludwig opened the public hearing. Brian Surgener, owner of 201 S. Mechanic Street, addressed the Council objecting to his special assessment. He asked the Council not to approve the special assessment roll until the parking issue is fixed. He would like to see a “café category” put into place. Robert Armstrong, owner of 129 E. Michigan Avenue, asked the Council to consider that since his property is vacant, his assessment of approximately $50 per month is for nothing. Greg Walker, owner 137 W. Michigan Avenue, spoke in support of Brian Surgener. He also remarked that restaurants should have a lower percentage rate applied to them and that certain people, those who have had parking decks built for them and the Post Office and the County buildings, are not paying their fair share. The Clerk noted that correspondence was received from Richard Sneary, owner of 227-229 S. Mechanic Street, and David Klein, owner of 134-136 W. Michigan Avenue, objecting to their assessments. The Assessor's office reviewed Mr. Klein's assessment, lowered it, removed it from this Roll and placed it on Roll No. 4160. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4161.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to adopt the resolution. The motion FAILED adoption by the following vote. Yeas: Councilmembers Howe, Greer and Gaiser-3. Nays: Mayor Ludwig and Councilmembers Breeding, Frounfelker and Polaczyk--4. Absent: 0.
Motion was made by Councilmember Frounfelker and seconded by Mayor Ludwig to reconsider the vote on Item 10.C. (above). 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.
The motion to adopt the resolution confirming Special Assessment Roll No. 4161 was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser and Frounfelker-5. Nays: Councilmembers Breeding and Polaczyk-2. Absent: 0.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION SUPPORTING THE CREATION OF A “SMART ZONE” IN THE JACKSON COMMUNITY.
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.
B. CONSIDERATION OF A RESOLUTION TO APPROVE, SUBJECT TO FINAL INSPECTION, A REQUEST TO TRANSFER OWNERSHIP OF A 2007 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT TO BUFFALO BARBEQUE WINGS, LLC, AND TRANSFER LOCATION TO 1085 N. WISNER STREET.
Motion was made by Councilmember Polaczyk 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.
C. CONSIDERATION OF A RESOLUTION RECOGNIZING THE ELLA SHARP MUSEUM, 3225 FOURTH STREET, AS A NON-PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE.
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.
D. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM TRIGO PIZZA COMPANY, INC., (PIZZA HUT) TO TRANSFER LOCATION OF 2006 CLASS C LICENSED BUSINESS FROM 1313 N. WEST AVENUE TO 1275 BOARDMAN, JACKSON.
Motion was made by Councilmember Polaczyk 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.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE 2008.1 AMENDING CHAPTER 21, SECTION 21-83, CITY CODE, TO PROVIDE FOR THE DISPOSITION OF RECOVERED BICYCLES.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2008.1. 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. FINAL ADOPTION OF ORDINANCE 2008.2 AMENDING CHAPTER 21.5, SECTION 21.5-26.1, CITY CODE, TO EXTEND THE TIME FOR FILING NONCONFORMING SIGN PERMIT APPLICATIONS.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2008.2. 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.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE SOLE BID AWARD TO JACK DOHENY SUPPLIES, NORTHVILLE, IN THE AMOUNT OF $30,562.00, FOR THE PURCHASE OF TWO EACH E. H. WACHS VALVE TURNERS FOR TWO WATER DIVISION VEHICLES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
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.
B. CONSIDERATION OF THE REQUEST TO ENTER INTO AN AGREEMENT FOR THE PROVISION OF ALTERNATE ELECTRIC DISTRIBUTION SERVICE (EXISTING FACILITIES) BETWEEN THE CITY AND CONSUMERS ENERGY FOR KEEPING AND MAINTAINING AN ALTERNATE (BACKUP) ELECTRICAL POWER SUPPLY FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $246,620.00 FOR A CONTRACT PERIOD OF 35 YEARS, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES.
Councilmember Frounfelker disclosed that he works for Consumers Energy.
Motion was made by Councilmember Polaczyk 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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO PROCESS PIPING AND EQUIPMENT, MILFORD, IN THE AMOUNT OF $1,744,000.00 FOR WASTEWATER TREATMENT PLANT POWER HOUSE PIPING IMPROVEMENTS, IN ACCORDANCE WITH THE DIRECTOR OF SEWAGE TREATMENT & FACILITIES AND THE PURCHASING AGENT.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to award the bid to the Paul Bengel Company - their bid is less than 3% higher, it's a local company, they have been paying taxes and they generate profits that are turned over in the community. 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 APPROVE THE LOW BID AWARD TO 3 S CONSTRUCTION, INC., MIDLAND, IN THE AMOUNT OF $369,000.00, FOR WASTEWATER TREATMENT PLANT YARD PIPING IMPROVEMENTS, IN ACCORDANCE WITH THE DIRECTOR OF SEWAGE TREATMENT & FACILITIES AND THE PURCHASING AGENT.
Motion was made by Councilmember Gaiser 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.
E. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO BASELINE CONSTRUCTORS, INC., CHELSEA, IN THE AMOUNT OF $598,000.00, FOR THE WASTEWATER TREATMENT PLANT MAINTENANCE BUILDING ADDITION, IN ACCORDANCE WITH THE DIRECTOR OF SEWAGE TREATMENT & FACILITIES AND THE PURCHASING AGENT.
Motion was made by Councilmember Greer 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.
F. CONSIDERATION OF THE SELECTION OF A CHARTER REVIEW COMMITTEE AS REQUIRED BY THE CITY CHARTER, SECTION 21.1.
Motion was made by Councilmember Breeding to establish a Charter Review Committee of seven members. The motion died for lack of a second.
Motion was made by Mayor Ludwig and seconded by Councilmember Frounfelker to establish a Charter Review Committee of at least seven members.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to amend the main motion to add that we establish a three-week application process through the current system in the Mayor's office. 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.
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
G. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO ABATEMENT SPECIALTIES GROUP, INC., RICHLAND, IN THE AMOUNT OF $22,850.00, FOR THE TWO UNIT OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION LEAD PROJECT AT 1707 FOURTH ST., IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Frounfelker inquired about the status of the Cortland Street warranty work. The City Manager responded.
Councilmember Breeding asked the City Manager for a copy of the contract with Risk Management Associates.
Councilmember Polaczyk asked for an update on the thinning of the deer herd. The City Manager and Mayor responded. Councilmember Greer clarified that the contract is for one year with an option of four renewals. Councilmember Polaczyk wished to make it clear that there is a fixed cost to this.
Councilmember Greer offered his sympathies to Councilmember Gaiser regarding the football game last night.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
Motion was made by Councilmember Polaczyk 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 the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ITEM CONSIDERED AFTER RETURN TO OPEN SESSION.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to ratify the labor agreement reached between the City of Jackson and the POLC - Supervisory Unit. 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.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:50 p.m.
Lynn Fessel City Clerk
© City of Jackson, 2012
