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.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Robert B. Howe-1.
Also Present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to remove Item 9.C. under Appointments from the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe--1.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to add an action item regarding 212 W. Michigan Avenue to the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe--1.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the agenda, as amended above. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe--1.
PRESENTATIONS/PROCLAMATIONS.
A) PRESENTATION BY CHARLES REISDORF, REGION 2 PLANNING COMMISSION EXECUTIVE DIRECTOR, REGARDING THE METRO FIRE STUDY.
Mr. Reisdorf explained that the purpose of the study was to determine whether a metropolitan fire authority could be established to serve the area of the City of Jackson and Blackman, Leoni and Summit Townships and to analyze the impacts of such an arrangement on effectiveness, efficiency and costs. Mr. Reisdorf discussed study constraints, geography, demographics, property valuation, fire and emergency service calls, mutual aid, equipment, staffing, fire station locations, fire protection costs and financing alternatives. He concluded the presentation by reviewing a set of recommendations.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the study. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe--1.
CITIZEN COMMENTS.
Thomas Nicholls, 7240 Cement City Road, discussed the Nicholls Electric Car Company and the advantages of owning an electric vehicle.
Ron Andrews, 915 W. Washington Avenue, discussed adult home care businesses in residential areas. He asked if there is a statute or a court decision that says residential home care businesses, with paid employees, are subject to the exclusive jurisdiction of the State of Michigan. If there is no statute or court decision, doesn't the City have something to say about these businesses in residential areas? He also inquired as to how many of these homes are in the City and where they are located.
Thomas Smith, 917 W. Ganson Street, suggested that we take the citizens, families and neighborhoods into consideration first, instead of special interest groups and private enterprise. He also suggested that adult home care businesses be located in commercial areas, close to public transportation, health centers and shopping malls.
Eileen Rawlins, 509 Hibbard Avenue, discussed complaints with the adult care home located at 1001 W. Ganson Street, including noise and lack of supervision.
Bruce Inosencio, 740 W. Michigan Avenue, explained to Council that the development agreement for the Hotel Hayes, LLC is satisfactory from his perspective and requested a six-month extension of the agreement for 212 W. Michigan Avenue. Parking is a key issue. He also urged the Council to support the request from Allegiance Health to remove the glass art mural located in the lobby of 212 W. Michigan Avenue.
Don Nelson, representing the Grand River Environmental Action Team, announced that the Grand River clean up will be held this Saturday. He thanked the City and downtown businesses for their continued support.
Patrick LaFlamme, 100 Armory Court, spoke in support of moving the recycling center to the Goodwill Industries site.
Judith Krasnow, 100 Armory Court; Ruth Ojeda, 100 Armory Court, and Carlene Walz Lefere, 1434 Eagle Point, all expressed their objections to moving the recycling center to the Goodwill Industries site.
Jane Robinson, Armory Arts Village Director, asked the Council to postpone making a decision tonight on moving the recycling center.
David Emmons, 2100 Emmons Road, gave a brief history of his family's hauling and recycling business. He expressed his feeling that Phil Duckham's involvement in the location of the recycling center is a conflict of interest because he is a County Commissioner and also in the hauling business.
Gloria Smith, 218-220 Damon Street, asked the Council for assistance regarding zoning regulations and her duplex.
Mayor Ludwig noted that a letter was received from William Deary, Great Lakes Home Health and Hospice, objecting to moving the recycling center to the Goodwill Industries site.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of August 12, 2008.
B. Approval of the minutes of the special City Council meeting of August 13, 2008.
C. Approval of the request from the Greater Jackson Area CROP Walk Committee to hold their annual Walk for Hunger on Sunday, October 12, 2008, beginning at 2:00 p.m. (Recommended approval received from the Police and Fire Departments, and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the request from the Midtown Association of Jackson requesting permission to hold a downtown sidewalk sale on Saturday, September 13, 2008, beginning at 9:00 a.m. (Recommended approval received from the Police and Fire Departments, and the Downtown Development Authority. Proper insurance coverage received.)
E. Approval of the request from Helping All People Excel (HAPE) to hold their Families Matter Fall Festival at the Martin Luther King Center grounds, on Saturday, September 13, 2008, beginning at 12:00 noon. (Recommended approval received from the Police, Fire, Parks/Forestry and Public Services Departments. Proper insurance coverage received.)
F. Approval of the recommendation of the Downtown Development Authority to amend the Downtown Development Authority fiscal year 2008-2009 operational budget to include a carryover amount of $15,000.00 for the Façade Loan program from the 2007-2008 fiscal year.
G. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $11,509.90, for planning services for the month of August, 2008, in accordance with the recommendation of the City Manager.
H. Approval of Final Balancing Change Order No. 1, to the contract with The Rothenberger Company, Inc., Concord, in the amount of $15,245.31, for the Whitney Street Water Main Replacement project, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
I. Approval of Traffic Control Order (TCO) No. 1984, changing parking regulations, with restrictions, on North Mechanic Street between Ganson Street and Armory Court, in accordance with the recommendation of the City Engineer.
J. Approval of the request of the Community Development Director to disseminate the draft Consolidated Annual Evaluation and Performance Report (CAPER) for public review and begin the 15-day comment period.
K. Approval of the request to allow the listed entities additional time to expend their Community Development Block Grant (CDBG) and HOME funding, and authorization for the Mayor and City Clerk to execute the Amended Subrecipient Agreements, in accordance with the recommendation of the Community Development Director (postponed at the August 12, 2008, meeting.)
L. Receipt of the City of Jackson's summary of revenue and expenditures for one (1) month ended, July 31, 2008.
M. Receipt of Dangerous Building Report through July 31, 2008.
N. Receipt of the Community Development Department CDBG Financial Summary through July 31, 2008.
COMMITTEE REPORTS.
A) CONSIDERATION OF THE RECOMMENDATION OF THE CITY AFFAIRS COMMITTEE TO ADOPT A POLICY RELATED TO PAYMENT IN LIEU OF TAX (PILOT) APPLICATIONS AND PROCEDURES.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation as presented. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S REQUEST TO RECOMMEND TO JACKSON COUNTY THE REAPPOINTMENT OF COUNCILMEMBER ANDREW FROUNFELKER, TO THE JACKSON COUNTY LAND BANK AUTHORITY FOR A FOUR-YEAR TERM BEGINNING NOVEMBER 1, 2008, AND ENDING OCTOBER 31, 2012.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser to approve the Mayor's request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT PATRICIA FELDPAUSCH TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT, FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT COUNCILMEMBER ROBERT HOWE TO THE CITY AFFAIRS COMMITTEE REPLACING COUNCILMEMBER CARL BREEDING.
This item was deleted when the agenda was considered.
PUBLIC HEARINGS.
A) PUBLIC HEARING ON THE REQUEST TO REZONE FROM PUDD (PLANNED UNIT DEVELOPMENT DISTRICT) TO C-4 (GENERAL COMMERCIAL), PROPERTY LOCATED AT 500 & 505 N. JACKSON, 216-224 TRAIL, AND 523 BLACKMAN STREETS. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1) CONSIDERATION OF AN ORDINANCE TO AMEND CHAPTER 28, SECTION 28.183, CITY CODE, REZONING PROPERTY LOCATED AT 500 & 505 N. JACKSON, 216-224 TRAIL, AND 523 BLACKMAN STREETS.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION ADOPTING THE MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM (MERS) RETIREE HEALTH FUNDING VEHICLE.
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, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A.1. CONSIDERATION OF THE DESIGNATION OF AN OFFICIAL REPRESENTATIVE AND ALTERNATE TO CAST THE VOTE OF THE MUNICIPALITY AT THE MICHIGAN MUNICIPAL LEAGUE ANNUAL BUSINESS MEETING TO BE HELD ON OCTOBER 2, 2008, AT THE GRAND HOTEL, MACKINAC ISLAND, MI.
Motion was made by Councilmember Gaiser and seconded by Councilmember Polaczyk to designate Councilmember Greer as the official representative. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to designate Councilmember Gaiser as the alternate. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
A.2. CONSIDERATION OF THE REQUEST TO APPROVE THE FOURTH YEAR RENEWAL TO THE CONTRACT WITH SYNAGRO, LANSING, AT THEIR PRICE OF $0.0304 PER GALLON, ESTIMATED COST OF $106,400.00, 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.
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, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
B) CONSIDERATION OF THE REQUEST TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BELDEN PAVING CO., INC., INCREASING THE CONTRACT AMOUNT BY $50,000.00, FOR A TOTAL CONTRACT AMOUNT OF $129,375.00, FOR PAVEMENT SERVICES FOR WATER MAIN PROJECTS, AND AUTHORIZATION FOR THE CITY MANAGER AND THE DIRECTOR OF PUBLIC SERVICES TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
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 Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Howe-1.
C) CONSIDERATION OF THE REQUEST TO APPROVE A BID AWARD TO MIDWEST MUNICIPAL INSTRUMENTATION, INC., JACKSON, (SOLE SOURCE SUPPLIER) IN THE AMOUNT OF $22,145.00 FOR TWO FLO-DAR FLOW MONITORS, AND APPROVAL OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH EARTH TECH, GRAND RAPIDS, IN THE AMOUNT OF $9,750.00, TO INSTALL THE FLO-DAR MONITORS ON INTERCEPTOR SANITARY SEWERS AT TWO (2) LOCATIONS, AND AUTHORIZATION FOR THE CITY MANAGER, CITY ENGINEER AND DIRECTOR OF SEWAGE TREATMENT AND FACILITIES TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE CITY ENGINEER, PURCHASING AGENT, AND THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES.
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 Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
D) CONSIDERATION OF THE BID AWARD TO MICHIGAN CAT, MASON, IN THE AMOUNT OF $140,866.00, TO PURCHASE A 2008 CATERPILLAR 928HZ FRONT END WHEEL LOADER, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE DIRECTOR OF PUBLIC SERVICES.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the bid award. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
E) CONSIDERATION OF THE REQUEST TO ISSUE A PURCHASE ORDER TO THE DETROIT SALT COMPANY, DETROIT, AT THEIR BID PRICE OF $36.72 PER TON, FOR AN ESTIMATED CONTRACT COST OF $157,896.00, (SECOND YEAR OF THE JACKSON COUNTY ROAD COMMISSION CONTRACT) FOR 2008-2009 ROAD SALT PURCHASE FOR LOCAL AND MAJOR CITY STREETS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT, JACKSON COUNTY ROAD COMMISSION AND 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 Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
F) CONSIDERATION OF THE REQUEST TO ISSUE A PURCHASE ORDER TO NORTH AMERICAN SALT COMPANY, OVERLAND, KANSAS, AT THEIR BID PRICE OF $42.79 PER TON (APPROXIMATELY $42,790.00) FOR 2008-2009 ROAD SALT PURCHASE FOR STATE TRUNK LINES (AS MANDATED BY THE MICHIGAN DEPARTMENT OF TRANSPORTATION THROUGH THE STATE OF MICHIGAN SALT PURCHASE CONTRACT) (ONE YEAR CONTRACT), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES, THE PURCHASING AGENT, AND THE STATE OF MICHIGAN.
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, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
Councilmember Polaczyk noted that the City does not have a choice, but we can buy it cheaper within the State of Michigan than the State can.
G) CONSIDERATION OF THE BID AWARD TO JDE EQUIPMENT CO., GRAND RAPIDS, AT THEIR LOW BID PRICE OF $96,270.00, FOR A 2008 JOHN DEERE 410J BACKHOE/LOADER, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE DIRECTOR OF PUBLIC SERVICES.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the bid award. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
H) CONSIDERATION OF THE BID AWARD TO PAUL BENGAL COMPANY, IN THE AMOUNT OF $234,000.00, FOR WATER TREATMENT PLANT IMPROVEMENTS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES, JONES & HENRY CONSULTING ENGINEERS, AND THE PURCHASING AGENT.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the bid award. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
I) CONSIDERATION OF THE REQUEST FROM ALLEGIANCE HEALTH TO REMOVE THE GLASS ART MURAL LOCATED IN THE LOBBY OF 212 W. MICHIGAN AVENUE AT THEIR COST, AND REMOVAL OF ANY DEBRIS CREATED FROM THE PROCESS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
© City of Jackson, 2012
