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JULY 15, 2008

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 7:01 p.m. by Mayor Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Frounfelker gave the invocation.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Carl L. Breeding-1.
 
Also Present: Acting City Manager Jim Parrott, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Mayor Ludwig noted that Item 7.F. was deleted. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
 A) PRESENTATION BY MARCE O. WANDELL, DEPUTY DIRECTOR, JACKSON COUNTY     DEPARTMENT ON AGING, GIVING THE JACKSON COUNTY DEPARTMENT ON AGING 2007                                  ANNUAL REPORT.
 
Ms. Wandell discussed the Senior Millage funding and the types of services available to older citizens through the Department on Aging. Services include Tai Chi classes, dances, trips, Meals on Wheels, completion of tax and Medicare forms, home care, light housekeeping and depression/memory screening. She also noted that in the City of Jackson the “over 60” population is approximately 20.5%.
 
CITIZEN COMMENTS.
 
Jeannette Woodard, 1408 First Street, asked the Council to support her request to extend the progress and completion dates in her Development Agreement for 313 and 315 W. Wesley Street.
 
John Wilson, 1045 S. Durand Street, spoke about the violent criminal behavior after the July 3 Fireworks at the Cascades and asked the City Council, as well as the County Commission, to allocate additional funding to increase police protection for future fireworks.
 
Lee Coffey, 1004 Greenwood Avenue, expressed his frustration with violence in his neighborhood and asked that his City Councilmember and the Mayor work with the Police Department to improve this situation.
 
CONSENT CALENDAR.
 
The City Attorney stated that the easement in Item N will be executed, but has not been received at this time.
 
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to remove Item N (Acceptance of the Permanent Easement between the City and EG-EXCEL, LLC, for location, construction and maintenance of a pedestrian public walkway located along the front of the former prison wall abutting the Armory Arts Village, 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 Deputy City Attorney.) from the Consent Calendar and postpone action on this item until the August 12, 2008, City Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item N removed and postponed until August 12, 2008. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of June 24, 2008.
 
B. Approval of the request from the Jackson County Fair, to close the 100 block of West Trail Street and Jackson Street, from West Trail Street to Ganson Street, to conduct a parade on Sunday, August 3, 2008, beginning at 1:30 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering and Public Services Departments. Insurance coverage received and approved.)
 
C. Approval of the request from the Southside Reunion, Inc. to conduct their 6th Biennial Southside Reunion Celebration on Saturday, August 9, 2008, at the Martin Luther King Center grounds, beginning at dawn. (Recommended approval received from the Police, Fire, Public Services, and Parks/Forestry Departments. Insurance coverage received and approved.)
 
D. Approval of the extension of a Special Leave of Absence without pay, but with insurance benefits for Tracey O'Neil, Water Department.
 
E. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $12,976.12, for planning services for the month of June 2008, in accordance with the recommendation of the City Manager.
 
F. Item Deleted.
 
G. Approval of the request to reject the bids received, and have the project re-bid for site improvements at the Lions and Exchange Parks, in accordance with the recommendation of the Director of Parks and Recreation, the City Attorney and the Purchasing Agent.
 
H. Approval of the request to perform a second full rehabilitation at 650 W. Monroe if lead hazard items are identified in the risk assessment, in accordance with the recommendation of the Community Development Director.
 
I. Approval of the request to forgive an Owner-Occupied Rehabilitation Loan in the amount of $9,146.80 for the entire balance, and the existing balance of $1,850.00 for the Community Development Block Grant (CDBG) Lead Hazard Reduction Loan for property located at 1201 Woodsum, and authorization for staff to discharge both related mortgages, in accordance with the recommendation of the Community Development Director.
 
J. Approval of the request to accept $2,000.00 for the balance of $5,286.55 on an Owner-Occupied Rehabilitation Loan, for property located at 825 Wells, and authorization for staff to discharge the related mortgage, in accordance with the recommendation of the Community Development Director.
 
K. Approval of Change Order No. 1 to the contract with Cornerstone Construction, in the amount of $625.00 (increase) treating the additional expense as a grant, for additional rehabilitation work at 322 N. Gorham, in accordance with the recommendation of the Community Development Director.
 
L. Approval of Change Order No.1 to the contract with At-A-Moments Notice, in the amount of $150.00 (increase) for a new total contract price of $24,065.00, and Change Order No. 2 to the contract with At-A-Moments Notice, with no change to the contract amount for rehabilitation projects at 506 Seymour, in accordance with the recommendation of the Community Development Director.
 
M. Approval of the request to enter into the revised 2008-2009 Community Development Block Grant (CDBG) Subrecipient Agreement, and enter into agreements with the subrecipients, 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 agreement, in accordance with the recommendation of the Community Development Director.
 
N. Postponed until the August 12, 2008, City Council meeting.
 
O. Receipt of the Community Development Department Quarterly Activity Reports through June 30, 2008.
 
P. Receipt of Dangerous Building Report through June 30, 2008.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT GEORGE BROWN, III, TO FILL A CURRENT VACANCY ON THE HUMAN RELATIONS COMMISSION, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2010.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
PUBLIC HEARINGS.
 
 A) PUBLIC HEARING ON THE PROPOSED USE OF THE 2008 JUSTICE ASSISTANCE GRANT     (JAG) FUNDS THROUGH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE                     ASSISTANCE, IN THE AMOUNT OF $11,689.00.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
 B) PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION     CERTIFICATE FILED BY EDWARDS MACHINING, INC., LOCATED AT 2335 RESEARCH                                      DRIVE.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. RESOLUTION APPROVING THE APPLICATION.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
RESOLUTIONS.
 
 A) CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 (YEAR 31) COMMUNITY     DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REALLOCATING $22,103.00 FROM     COMMUNITY DEVELOPMENT DEMOLITION FUNDS TO THE COMMUNITY ACTION AGENCY     FOR DEMOLITION FOR TWO PROPERTIES LOCATED IN THE SECOND PHASE OF        PARTNERSHIP PARK, 229/231 W. FRANKLIN AND 606 S. MECHANIC STREET.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 B) CONSIDERATION OF A RESOLUTION DECLINING THE RIGHT OF REFUSAL FOR THE                   2008 FORECLOSED PARCELS LOCATED IN THE CITY.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
ORDINANCES.
 
 A) CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-66(A)(I),     CITY CODE, PROHIBITING NOXIOUS WEEDS, GRASS, OR OTHER RANK VEGETATION                      FROM GROWING MORE THAN 8 INCHES TALL.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the ordinance and place it on the next regular City Council meeting agenda for final adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 B) FINAL ADOPTION OF ORDINANCE NO. 2008.10 AMENDING CHAPTER 28, SECTION     28.183, CITY CODE, REZONING PROPERTY LOCATED AT 1617 N. WEST AVENUE.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt Ordinance No. 2008.10. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Frounfelker and Polaczyk-5. Nays: Councilmember Gaiser--1. Absent: Councilmember Breeding-1.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
 A) DISCUSSION OF TEN HOURS PER DAY, FOUR DAY WORK WEEK AND/OR FLEX TIME FOR                                 CITY EMPLOYEES.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser to refer this matter to the Rules & Personnel Committee for a report.
 
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to amend the motion by adding that it is not the desire of the City Council to close City Hall an additional day. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Gaiser and Frounfelker-4. Nays: Mayor Ludwig and Councilmember Polaczyk-2. Absent: Councilmember Breeding-1.
 
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig-1. Absent: Councilmember Breeding-1.
 
 B) CONSIDERATION OF THE REQUEST TO ENTER INTO A WASTEWATER SERVICE     AGREEMENT/URBAN COOPERATION ACT AGREEMENT WITH THE CITY OF     JACKSON-TOWNSHIP OF RIVES-JACKSON COUNTY, AUTHORIZATION FOR THE MAYOR     AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION     FOR STAFF TO MAKE MINOR MODIFICATIONS TO SAME, AND TO TAKE ALL OTHER     ACTION NECESSARY TO FINALIZE THE CONTRACTS, IN ACCORDANCE WITH THE            RECOMMENDATION OF THE CITY ATTORNEY AND THE CITY MANAGER.
 
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to approve the request, contingent upon receipt of Exhibit B of the Urban Cooperation Act Agreement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 C) CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO     5-LEPRECHAUNS, LLC, IN THE AMOUNT OF $27,499.00, FOR POND LINER     REPLACEMENT AT THE ELLA SHARP PARK MINIATURE GOLF COURSE, IN ACCORDANCE     WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF ELLA SHARP PARK, THE     DIRECTOR OF PARKS, RECREATION AND GROUNDS AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 D) CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL TO THE     CONTRACT WITH UTILITY SERVICES AUTHORITY (USA), LLC, BELLEVILLE, IN THE     AMOUNT OF $163,848.00, FOR THE MICHIGAN AVENUE SANITARY SEWER     REHABILITATION CONTRACT, REHABILITATING SANITARY SEWER ON EAST MICHIGAN     AVENUE BETWEEN SEYMOUR AVENUE AND BATES STREET, AND AUTHORIZATION FOR     THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN     ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE CITY     ENGINEER.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 E) CONSIDERATION OF THE REQUEST TO APPROVE THE SECOND RENEWAL OF THE     LONG-LINE PAINTING CONTRACT WITH R.S. CONTRACTING, INC., CASCO,     MICHIGAN, WITH AN ESTIMATED CONTRACT RENEWAL AMOUNT OF $32,000.00, FOR     PAVEMENT MARKING, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO     EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE     RECOMMENDATION OF THE CITY ENGINEER.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 F) CONSIDERATION OF THE REQUEST TO APPROVE AN EXTENSION OF THE MEMORANDUM     OF UNDERSTANDING BETWEEN THE CITY AND THE JACKSON COUNTY HEALTH     DEPARTMENT, SUBJECT TO COUNTY APPROVAL AND MODIFICATION, FOR THE LEAD     HAZARD CONTROL PROGRAM, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK     TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO     MAKE MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE                         COMMUNITY DEVELOPMENT DIRECTOR.
 
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 Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
 G) CONSIDERATION OF THE REQUEST TO EXTEND THE PROGRESS AND COMPLETION DATES     IN THE DEVELOPMENT AGREEMENT FOR 313 AND 315 WEST WESLEY FOR A PERIOD OF     ONE YEAR, AUTHORIZATION FOR STAFF TO DRAFT THE APPROPRIATE DOCUMENTS AND     TAKE ANY OTHER ACTION NECESSARY, AND AUTHORIZATION FOR THE MAYOR AND     CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH            THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Gaiser and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Polaczyk thanked Jim Parrott and his staff for their cooperation and quick action on work that needed to be done on Garfield Street. He also thanked the Police Chief for keeping him informed on what has been happening in the Lawrence Street area since the fireworks. It is something that is not being ignored by the Police Department or the City Council.
 
Councilmember Frounfelker reminded everyone of his 5th Ward Neighborhood meeting, which will be held on Thursday, July 31 at 7:00 p.m. in the Council Chambers. He remarked on the Dangerous Building Report, noting that 605 Williams Street was condemned in 2003. He asked staff to make it a priority to move on these properties.
 
Councilmember Gaiser announced that he will hold a concerned citizens informal meeting on July 16 at 7:00 p.m. at the Dunkin Donuts on West Avenue. Discussion will center on group homes. He also asked Councilmembers to help the City Manager's secretary arrive at a date for a goal setting session.
 
CITY MANAGER'S COMMENTS.
 
None.
 
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to go into closed executive session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
RETURN TO OPEN SESSION.
 
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Breeding-1.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:12 p.m.