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SEPTEMBER 11, 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 Frounfelker requested a moment of silence be observed on this sixth anniversary of the 9/11 terrorist attacks.
 
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 Frounfelker and seconded by Councilmember Mure 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. PRESENTATION OF THE PHASE 1 CONFERENCE CONVENTION CENTER STUDY BY MINDY BRADISH, PRESIDENT OF THE GREATER JACKSON CHAMBER OF COMMERCE.
 
Ms. Bradish discussed Phase 1 of the conference convention center study which was a market feasibility analysis. The study looked at the market strengths, market weaknesses, the area we might draw from and what type of center might be needed. Strengths include a driving proximity to large market areas, interstate access, geographic concentration of hotel properties, Michigan International Speedway, the low cost of goods and services and the urban central business district, along with the significant limitations of existing meeting space. Weaknesses include the number of quality hotel rooms and the number of hotel rooms overall, the relatively low population and corporate base, the neutral impressions by event planners, the size of the largest hotel property and limitations in local traditional visitor amenities.
 
The feasibility was positive; Jackson could be successful with a convention center. We would need a minimum of 150 quality full-service hotel rooms either attached to the center or within close walking distance.
 
Phase 2 will look at a cost and benefit analysis including location assessment, preliminary construction cost analysis, financial operations, economic and fiscal impacts, funding alternatives and ownership and management analysis.
 
CITIZEN COMMENTS.
 
Jay Cummings, 109 E. Biddle Street, and Jim Benedict, 5033 Harriet Street, both spoke in support of a Peace Pole being placed in Blackman Park.
 
Dorothy Beck, 1007 W. Ganson Street, expressed her gratitude for the new park at the corner of Bush and W. Ganson Streets. She distributed a letter to Councilmembers and asked that “Moody Hill” be used in the park name for historical significance.
 
Reginald Collins, 301 Steward Street, inquired how to obtain legal representation. He was referred to the Legal Aid office.
 
Irma Ojeda, 1413 N. Waterloo Street, displayed pictures of vehicles she believes should be ticketed for front yard parking and asked that this matter be looked into.
 
Greg Gallant, 235 Long Avenue, requested action on a criminal felony complaint he filed in July against two police officers.
 
David Polson, 902 W. Michigan Avenue, discussed his compost pile and expressed frustration that the City wants to go to trial on this matter.
 
CONSENT CALENDAR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the following Consent Calendar. 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 August 14, 2007.
 
B. Approval of the request from the Greater Jackson Area CROP Walk Committee to hold their annual Walk for Hunger on Sunday, October 14, 2007, registration begins at 1:00 p.m. and the walk begins at 2:00 p.m. (Approval recommended by the Police, Fire, Traffic Engineering Departments and the Downtown Development Authority. Proper insurance coverage received.)
 
C. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $8,631.41, for planning services cost adjustments for August 2007, in accordance with the recommendation of the City Manager.
 
D. Approval of the Development Agreement between the City and Jeannette Woodard for the property located at 313 and 315 W. Wesley Street, authorization for the Mayor and City Clerk to execute the appropriate document(s), and authorization for the City Attorney to make minor modifications to the document(s), and to take any and all other action necessary to close this real estate transaction, in accordance with the Community Development Director.
 
E. Approval of the revision to the Lead Hazard Control Guidelines, Section II, B-3, and Section II, C-3, in accordance with the recommendation of the Community Development Director.
 
F. Approval of Final Change Order No. 1, to the contract with Bailey Excavating, in the amount of $4,769.82, for the Douglas Street Watermain Replacement 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. Approval of Traffic Control Order No. 1963, prohibiting parking on both the north and south sides of E. Washington Avenue from East Avenue eastward to the railroad spur in the 700 block of E.Washington Avenue, in accordance with the recommendation of the City Engineer.
 
H. Approval of Amendment No. 2 to the Professional Services Agreement with Spicer Group at an additional cost of $16,000.00, adding to their scope of services to include Louis Glick Highway survey for water main work and High Street survey for street construction, both to be designed this fall for 2008 construction, and authorization for the City Manager and City Engineer to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
 
I. Approval of Amendment No. 2 to the Professional Services Agreement with Wade Trim, in the amount of $26,790.00, for the design and construction engineering to construct the water main for the Wildwood Avenue Project, on Daniel Road from Brown to Wildwood and on Wildwood from Daniel to Wisner, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
 
J. Approval of the first renewal of the long-line painting contract with R. S. Contracting, Inc., Casco Township, Michigan, with an estimated contract renewal amount of $30,500.00, and authorization for the Mayor and City Clerk to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
 
K. Approval of the request to award the third year renewal to the contract with Synagro Central, LLC, Lansing, Michigan, at their price of $0.0296 per gallon, for hauling and land application of sewage sludge, in accordance with the recommendation of the Director of Sewage Treatment and Facilities, and the Purchasing Agent.
 
L. Approval of Final Change Order No. 1 to the contract with Dunigan Brothers, Inc., in the amount of $11,243.00, for the Production Lift Station project, and authorization for the City Manager and 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 and the Deputy City Engineer.
 
M. Receipt of Summons and Complaint filed in Circuit Court by Jack Zimmerman and the Michigan Council of Private Investigators, Inc. v. City of Jackson regarding a motion for preliminary and permanent injunction, and referral to the City Attorney for appropriate action.
 
N. Receipt of Complaint for Superintending Control filed in Circuit Court regarding the property located at 708 S. Mechanic Street, and referral to the City Attorney's office for appropriate action.
 
O. Receipt of the Dangerous Building Report through August 31, 2007.
 
P. Receipt of the Community Development Department CDBG Financial Report through July 31, 2007.
 
Q. Establishment of September 25, 2007, at the City Council meeting as the time and place to hold a public hearing on an application for an Industrial Facilities Exemption Certificate filed by Munith Products, Inc., 910 Myrtle Street.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON NECESSITY FOR STREET CONSTRUCTION ON FIRST STREET FROM GREENWOOD TO MORRELL STREET.
 
Mayor Ludwig opened the public hearing. Joe Collins, 1036 First Street, and Roger Gilbert, 1028 First Street, asked for clarification on the estimated costs of their assessments. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. PUBLIC HEARING ON THE REQUEST TO REZONE 1.6 ACRES FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUDD) TO LIGHT INDUSTRIAL (I-1) FOR PROPERTY LOCATED AT 100 ARMORY COURT. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
 
Mayor Ludwig opened the public hearing. Amy Torres, on behalf of The Enterprise Group and EG-Excel, LLC, spoke in support of the rezoning request. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 100 ARMORY COURT FROM PUDD TO I-1.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the Ordinance and place it on the next Council meeting agenda for adoption. 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 FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 133 E. WASHINGTON (FORMERLY OPERATING AS LENORA'S PUB ‘N GRUB), FROM LENORA, INC. TO JAMES E. BALL AND MICHELE L. BALL.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. CONSIDERATION OF A RESOLUTION TERMINATING THE BANK OF NEW YORK AS THE PAYING AGENT, AND APPOINTING CITIZENS BANK AS THE PAYING AGENT FOR THE CITY'S 1999 BUILDING AUTHORITY BONDS AND THE 2003 MTF BONDS, TO BECOME EFFECTIVE NO LATER THAN 45 DAYS FROM THE DATE OF ADOPTION OF THIS RESOLUTION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE FINANCE DIRECTOR.
 
Motion was made by Councilmember Mead 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.
 
C. CONSIDERATION OF A RESOLUTION REGARDING A JOINT VENTURE OF NORFOLK SOUTHERN RAILROAD AND WATCO COMPANIES (MICHIGAN CENTRAL RAILROAD) WITH WATCO HAVING CONTROLLING INTEREST IN THE LINES RUNNING FROM WILLOW RUN, MICHIGAN, TO WEST OF KALAMAZOO, MICHIGAN, AND AUTHORIZATION FOR THE CITY MANAGER TO FORWARD A COPY OF THE RESOLUTION TO THE VARIOUS INDIVIDUALS AND AGENCIES LISTED ON THE RESOLUTION.
 
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.
 
ORDINANCES.
 
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21.5, CITY CODE, SIGNS TO PROVIDE NEW REGULATIONS, A NON-CONFORMING USE PROCESS, ENFORCEMENT AND PENALTY PROVISIONS.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to rescind the Council action of August 14, 2007, regarding the “then” proposed sign ordinance and approve this current version and set it for final adoption at the September 25 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.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO SUPERIOR INDUSTRIAL SALES AND SERVICE, JACKSON, IN THE AMOUNT OF $66,929.00, FOR THE PURCHASE OF TWO MOBILE 100 KW GENERATORS FOR BACKUP POWER TO THE CITY SEWAGE LIFT STATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT & FACILITIES AND THE PURCHASING AGENT.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. CONSIDERATION OF THE REQUEST TO APPROVED THE BID AWARD TO ASPHALT ZIPPER, INC., PLEASANT GROVE, UT, IN THE AMOUNT OF $96,950.00 FOR AN ASPHALT ROTO-MILLING MACHINE, 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 Greer to approve the request. 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 THE REQUEST TO APPROVE A TWO-YEAR RENEWAL (SEPTEMBER 1, 2007 THROUGH AUGUST 31, 2009) OF THE MIDWEST EMPLOYERS CASUALTY COMPANY CONTRACT FOR EXCESS WORKER'S COMPENSATION INSURANCE, IN THE AMOUNT OF $.141 PER $100 IN PAYROLL, FOR INSURANCE BEYOND THE CITY'S SELF-INSURING OF EMPLOYEES WORKER'S COMPENSATION CLAIMS TO $350,000.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PERSONNEL AND LABOR RELATIONS.
 
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker to approve the request. 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 THE REQUEST TO PURCHASE ONE 2008 JEEP LIBERTY, UTILIZING THE STATE OF MICHIGAN CONTRACT/MIDEAL PROGRAM, FROM SIGNATURE FORD, OWOSSO, MI, WITH A TOTAL PURCHASE PRICE OF $21,808.00, IN ACCORDANCE WITH THE DIRECTOR OF PUBLIC SERVICES AND THEPURCHASING AGENT.
 
Motion was made by Councilmember Frounfelker and seconded by Mayor Ludwig to approve the request. 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.
 
E. CONSIDERATION OF THE REQUEST FROM THE JACKSON INTERFAITH PEACEKEEPERS TO PLACE A PEACE POLE IN BLACKMAN PARK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
 
Mayor Ludwig noted that letters of support were received from Will Riley and Betty Desbiens.
 
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to approve the request. 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 Polaczyk stated he is still receiving complaints that it is difficult to see and hear the broadcasts of the City Council meetings, especially the speakers at the podium.
 
Councilmember Frounfelker invited his fellow Councilmembers to participate in this year's United Way fund drive and hopefully reach 100% participation among Councilmembers to show the community that the United Way is here and is important to us.
 
Councilmember Mead requested that a formal referral to the Ordinance Review Committee of the compost issue be added to the next agenda.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to adjourn. The Mayor adjourned the meeting at 8:00 p.m.
 
Lynn Fessel
 
City Clerk