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.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Mure asked everyone to keep Robert Papiersky, a member of numerous City boards who has fallen ill, in their prayers. He then 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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
Councilmember Mure introduced Myria Davis-Green seated with the Council. She is secretary of the Jackson Youth Council and a wonderful young lady who is very involved in our community.
Mayor Ludwig welcomed Boy Scout Troop Nos. 424 and 3054 present in the audience.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to add two action items to the agenda: A resolution regarding the state budget crisis and an item under Committee Reports - Rules & Personnel Committee regarding allegations in the Police Department. 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 remarked on agenda item Committee Reports. A. Rules and Personnel Committee stating that this is not a report from the Rules and Personnel Committee and if it is a report from one of the members it should so state that it is from an individual and not from the Rules and Personnel Committee.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the agenda, as amended. 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.
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION OF THE PROPOSED CITY OF JACKSON'S 2007-2008 FISCAL YEAR BUDGET.
1. DISCUSSION TO CONSIDER DATES FOR BUDGET WORKSHOP SESSIONS AND ESTABLISHMENT OF A DATE AND TIME FOR A PUBLIC HEARING.
The City Manager remarked that he was pleased to present the proposed 2007-2008 fiscal year budget. He stated it was difficult to maintain a reasonable level of services while not drawing down the fund balances and working with stagnant, or in some cases, maybe even decreasing revenue streams. We are in better condition than most older cities in Michigan, because the City has been conservative in budgeting and has looked forward to revenue issues seen in Michigan now. However, we cannot withstand an action by the legislature that would further diminish state revenue sharing or possibly eliminate the statutory portion, the formula for which sunsets at the end of the calendar year. Some decisions were made that need Council scrutiny and either approval or change, especially in the areas of health insurance and some of the retiree health insurance issues. Work has continued on those issues and in the next Council packet there are further suggestions and some possible additional savings in those areas that will assist the City in meeting needs seen out there, while not reducing the level of coverage for our current employees.
Councilmembers will work with the City Manager's office to establish a budget workshop date.
CITIZEN COMMENTS.
Abelardo Morales, 729 Page Avenue, addressed the Council requesting they waive an invoice included on proposed Special Assessment Roll No. 4150.
Patrick Colligan, co-owner of The Rocket, inquired about the status of his revocable license for an additional emergency exit on the north side of his building.
Tim Gonzalez, former JPD Officer, stated he did not conspire with Sgt. Scott Rogers on his complaint, but he does know what Scott is complaining about - morale and the way officers are treated at the police department. He gave Council a four-page letter containing concerns he believes the community should be aware of.
Jonathon Finney, small business owner and Jackson Police Reserve Officer, spoke in agreement with the allegations of a hostile work environment at the Police Department. In conclusion, he resigned his position as a JPD Reserve Officer because he feared retaliation for his vocal stand on this issue.
Jim Bayne, former JPD Reserve Officer, spoke about drastic rule changes that he believes were totally unnecessary and unjustified for the reserve group. He spoke in support of Sgt. Scott Rogers, noted that he resigned as a reserve officer in August and stated it is his opinion that the Chief wants to eliminate the reserve officer program.
Maria Medina, a JPD Officer for over 20 years, spoke in support of both Ervin Portis and Scott Rogers. She stated they both have the interest of the community and the police department at heart. Both have damaged relationships with some people in the department. She asked all employees working at 216 E. Washington to stop taking sides and start working together.
CONSENT CALENDAR.
Councilmember Mead requested Item L be removed for separate consideration. Councilmember Breeding requested Item N be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, with items L and N 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 April 10, 2007.
B. Approval of the miscellaneous City license renewals for the year May 1, 2007, through April 30, 2008, in accordance with the recommendation of the City Clerk.
C. Approval of the request from the Jackson National Day of Prayer Task Force to conduct the National Day of Prayer service at 12:00 p.m. on Thursday, May 3, 2007, at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
D. Approval of the request from the Downtown Development Authority to hold Cruise Nights on Friday, May 25, June 22, August 3, August 24, and September 28, 2007, from 6:00 p.m. until 10:00 p.m, and to close the following streets from 5:30 p.m. until 10:30 p.m.:
Michigan Avenue from Blackstone Street to Mechanic Street
Jackson Street from Cortland Street to Louis Glick Highway
Mechanic Street from Washington Avenue to Pearl Street
(Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Insurance coverage is in place.)
E. Approval of the request from the Family Service & Children's Aid to hold their 5th annual Run for Fun on City streets on Saturday, April 28, 2007, from 8:30 a.m. until 11:00 a.m., beginning and ending at 330 W. Michigan Avenue, with police assistance at major intersections, and closure of W. Michigan Avenue between Blackstone and First Streets. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
F. Approval of the Jackson County invoice, in the amount of $11,374.25, for emergency dispatch services from January through March 2007, in accordance with the recommendation of the City Manager.
G. Approval of the bid award to Hartman Construction, LLC, in the amount of $18,551.00, for the owner-occupied Community Development rehabilitation project located at 714 Seventh Street, in accordance with the recommendation of the Community Development Director.
H. Approval of the proposed lease between the City and the Jackson County National Association for the Advancement of Colored People (NAACP), for the property located at 1015 Francis Street, authorization for the Mayor and City Clerk to execute the agreement, and authorization for staff to make modifications to the agreement prior to execution, in accordance with the recommendation of the City Attorney.
I. Approval of the first renewal of the Thermoplastic Pavement Marking contract with R. S. Contracting, Inc., Casco Township Michigan, with an estimate amount of $19,000.00, and authorization for the Mayor and City Clerk to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
J. Approval of Traffic Control Order (TCO) No. 1948 for the installation of a “Deaf Child Area” sign on Barberry Drive between Merriman Street and Heather Lane, in accordance with the recommendation of the City Engineer.
K. Approval of the low bid award to Lansing Total Lawn Care, Inc., Lansing, Michigan, in the amount of $13,340.00, for the 2007 Private Lot Mowing contract, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
L. Removed for separate consideration.
M. Receipt of actuarial valuations at June 30, 2006, communication from the Boards of Trustees of the City of Jackson Employees Retirement System, Act 345 Retirement System and City of Jackson Policemen's and Firemen's Pension System, and certifying funding necessary for fiscal year 2007-2008.
N. Removed for separate consideration.
O. Receipt of the City of Jackson's summary of revenue and expenditures for the nine (9) months ended March 31, 2007.
CONSENT CALENDAR ITEM L.
Approval of the bid award to Sunshine Landscape LLC, Clarklake, Michigan, in the amount of $10,160.00, for the Water Department Lawn Maintenance contract, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
Motion was made by Councilmember Mead and seconded by Councilmember Mure to award the bid to Cecil Construction in the amount of $13,845 because the contract can't be completed for the dollar amount bid by Sunshine Landscape, gas prices have almost doubled and the contract needs to be awarded to a contractor whose price is in line with the work to be performed. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: Councilmember Frounfelker-1. Absent: 0.
CONSENT CALENDAR ITEM N.
Receipt of the Community Development Block Grant (CDBG) financial report through March 2007.
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
COMMITTEE REPORTS.
A. RULES AND PERSONNEL COMMITTEE.
1. RECEIPT OF A MEMORANDUM FROM THE CHAIR OF THE RULES AND PERSONNEL COMMITTEE REGARDING THEIR MEETING OF APRIL 17, 2007.
Councilmember Greer, Chair of the Rules & Personnel Committee, remarked that the report is a summary of the Rules & Personnel Committee meeting and it was expedited because the matter was referred to that Committee for study and report. The official minutes of the meeting have not been approved, but will be considered at the Committee's next meeting.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the report. 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.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to authorize and direct the City Manager to conduct an investigation of the allegations made to the Rules and Personnel Committee related to the Jackson Police Department and such other matters related to the allegations as may be necessary to assure a complete and thorough investigation and to utilize an outside firm or individual not associated with the City of Jackson to conduct the investigation and to authorize the expenditure of funds to pay the costs of the investigation and to make a complete report to the City Council and the public no later than August 1, 2007.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to end debate. The motion FAILED adoption by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer and Frounfelker-3. Nays: Councilmembers Breeding, Mure, Mead and Polaczyk-4. Absent: 0.
Motion was made by Councilmember Mead and seconded by Councilmember Breeding to amend the motion to add that the City Manager provide Council with a list of the people who are being considered to conduct the investigation, as well as the dollar amount and the scope of work to be provided. 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.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to amend the motion to add that Council will have selection authority over those persons or firms recommended by the City Manager. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: 0.
The main motion, as amended, was voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Mead, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY TECHNIQUE, INC., 2427 RESEARCH DRIVE.
Mayor Ludwig opened the public hearing. Ronnie Johncox, owner of Technique, Inc., addressed the Council stating that the City of Jackson is doing something to help business and he appreciates the City's consideration of these tax exemptions as they grow their business in Jackson. He gave a brief history of the company and highlighted what they do. The Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION.
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, Frounfelker and Polaczyk-6. Nays: Councilmember Mead-1. Absent: 0.
B. PUBLIC HEARING ON THE REQUEST FROM JAMES W. HAWLEY TO VACATE A 16 FOOT WIDE ALLEY RUNNING EAST FROM THE EAST LINE OF WOODSUM 128 FEET AND LYING 300 FEET SOUTH OF THE SOUTH LINE OF ROCKWELL STREET AND NORTH OF LOT 90, TINKER'S ADDITION. (CITY PLANNING COMMISSION RECOMMENDS DISAPPROVAL OF THE ALLEY VACATION.)
Mayor Ludwig opened the public hearing. James Hawley spoke in support of his request. A gentleman, who identified himself as Dale with a house at 1200 S. Jackson, spoke in opposition to the request. The Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE VACATION.
Motion was made by Mayor Ludwig and seconded by Councilmember Mead to postpone consideration of this item until the next regular City Council meeting. 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.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION ESTABLISHING A FEE FOR MARRIAGE SOLEMNIZATION PERFORMED BY THE MAYOR OF THE CITY OF JACKSON, IN THE AMOUNT OF $25.00 PER CEREMONY.
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.
B. CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), WITH A TOTAL CONTRACT COST OF $895,169.00 (CITY'S PORTION, IN THE AMOUNT OF $25,034.00, PAID FROM SPECIAL ASSESSMENTS), FOR THE RECONSTRUCTION OF MORRELL STREET FROM HUPP TO ELM, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDAN
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