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 Polaczyk gave the invocation.
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: None.
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 Frounfelker 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 JOANNE SHELDON, LIFEWAYS, REGARDING SUPPORTIVE LIVING OPTIONS.
Chief Executive Officer Joanne Sheldon, with the help of Chief Operating Officer Lynn Guernsey and Consumer Services CEO Kathy Taylor gave an overview of their organization. They discussed supported living options, support provided and laws and protections for persons with disabilities. They then responded to questions from the Council.
CITIZEN COMMENTS.
Ron Andrews, 915 W. Washington Avenue, expressed his concern with adult care home businesses located in residential areas, discussing a decrease in property values, adequate supervision and interpretation of zoning laws.
Alfred Williams, owner of A. Williams Cleaning Service, asked the Council to consider his bid for janitorial services. He explained the increase in his bid was due to the rise in gasoline prices and the increase in the minimum wage, as well as the cost of cleaning supplies.
Eileen Rawlins, 509 Hibbard Avenue, addressed the Council with complaints about the group home at 1001 W. Ganson Street, discussing reports she made to the City Police Department. She closed by stating that she does not believe her neighborhood is a safe environment.
Thomas A. Smith, 917 W. Ganson Street, also addressed the Council with complaints about the group home at 1001 W. Ganson Street. He cited parking problems, as well as inappropriate, unacceptable behaviors. He stated it was time for City Hall to remove these group homes from neighborhoods.
Ira Combs, Sr., 327 W. Monroe Street, spoke to the Council giving a brief history of deinstitutionalization in Michigan. He also remarked that many group homes are well managed, have proper supports and are successful.
CONSENT CALENDAR.
Councilmember Breeding requested Items M and N be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Items M and N 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 July 15, 2008.
B. Approval of City license renewals for the year ending April 30, 2009, in accordance with the recommendation of the City Clerk.
C. Approval of the request from the Michigan Theatre of Jackson, Inc., to close Lot No. 14 and the adjacent north/south alley, to hold their “Hanging with Casey Kahne One Night Stand” event on Friday, August 15, 2008, beginning at 4:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the request from Community Forum, to hold an open discussion at Bucky Harris Park with democratic and republican candidates on Thursday, August 21, 2008, beginning at 5:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, Parks/Forestry Departments and the Downtown Development Authority. A Hold Harmless Agreement has been executed in lieu of insurance coverage.)
E. Approval of the request from Allegiance Health to conduct their “Allegiance Race to Health Run/Walk” with police assistance, Saturday, September 6, 2008, beginning at 6:00 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments and the Downtown Development Authority. Proper insurance coverage received.)
F. Approval of the request from St. John's Elementary - Jackson Family Fall Festival, to conduct a 5K run/walk, with street closures and police assistance, on September 13, 2008, beginning at 9:45 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received.)
G. Approval of the request from Marriage Matters Jackson, to hold a Healthy Marriage Agreement Signing at Bucky Harris Park on September 18, 2008, beginning at 12:00 noon. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry Departments and the Downtown Development Authority. Proper insurance coverage received.)
H. Approval of the request from Anesthesia Business Consultants, to close Cortland Street from Jackson Street to Blackstone Street, to hold their Summer Event for Employees and Families, beginning at 12:00 noon on Saturday, August 23, 2008. Recommended approval received from the Police, Fire, Traffic Engineering (with contingencies), Public Services Departments and the Downtown Development Authority. Proper insurance coverage received.)
I. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $14,407.94, for planning services for the month of July 2008, in accordance with the recommendation of the City Manager.
J. Approval of the request to amend the City Purchasing Manual amending Section 12.0, Prequalification Procedure Policy, in accordance with the recommendation of the City Manager, the Purchasing Agent, City Engineer, Public Services Director, City Attorney, Sewage and Treatment Facilities Director, and the Parks and Recreation Director.
K. Approval of an Offer to Purchase City Owned Property located at 322 W. Biddle Street (vacant lot), with a purchase price of $510.00, and to waive a development agreement conditioned upon the property owner's combining this parcel with their current property, and authorization for the Mayor to sign the Purchase Agreement, and the Mayor and City Clerk to execute all documents necessary to close the sale, subject to minor modifications by the City Attorney, in accordance with the recommendation of the Community Development Director.
L. Approval of the requested amendments to the Consolidated Plan 2008-2009 CDBG/HOME Allocation Timetable, and establishment of September 23, 2008, at the City Council meeting as the time and place to hold a public hearing for the Consolidated Annual Performance and Evaluation Report (CAPER), in accordance with the recommendation of the Community Development Director.
M. Removed for separate consideration.
N. Removed for separate consideration.
O. Receipt with regret the resignation of Rev. Dr. Dottie Miller from the Human Relations Commission.
P. Receipt with regret the resignation of Ellen White from the Charter Review Committee.
Q. Receipt of the City of Jackson's summary of revenue and expenditures for the twelve (12) months ended June 30, 2008.
R. Receipt of the Community Development Department CDBG Financial Summary through June 30, 2008.
S. Receipt of the Complaint filed in the Michigan Court of Appeals regarding the City's meterless parking system, and referral to the City Attorney's office for appropriate action.
T. Referral of an application to the City Planning Commission from Immanuel Lutheran Church to rezone property located at 1505 W. Michigan Avenue from R-1 and R-6 to C-1.
CONSENT CALENDAR ITEM M.
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.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to postpone consideration of this Item until the September 9, 2008, City Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Frounfelker and Polaczyk-4. Nays: Mayor Ludwig and Councilmembers Greer and Gaiser-3. Absent: 0.
CONSENT CALENDAR 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 make minor changes and 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. (Delayed at the 7-15-08, City Council meeting.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to accept the Permanent Easement and for staff to make minor changes and to take all action necessary to record the same. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: Councilmember Frounfelker-1. Absent: 0.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION RECOGNIZING THE JACKSON BASKETBALL CLUB AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to delay action on this Item until the September 9, 2008, City Council meeting, contingent upon receipt of the Club's 501(c)(3). 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 ORDERING SIDEWALK REPLACEMENT AT VARIOUS CITY LOCATIONS, IN ACCORDANCE WITH THE CITYWIDE SIDEWALK RESTORATION PROGRAM.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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 AMENDING THE 2007-2008 (YEAR 33) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REALLOCATING $8,416.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT HOMEOWNER REHABILITATION FUNDS TO THE JOHN GEORGE HOME FOR EMERGENCY REPAIR, AUTHORIZATION TO WAIVE THE PERMIT FEES AFTER THE FACT, WAIVE THE ISSUANCE OF A VIOLATION NOTICE OF HEARING TO THE ADMINISTRATIVE HEARINGS BUREAU (AHB), AND ORDER A LETTER OF WARNING TO BE ISSUED TO THE CONTRACTOR.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to waive the permit fees and waive the letter of warning. 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.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser 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: Councilmember Breeding-1. Absent: 0.
ORDINANCES.
A) FINAL ADOPTION OF ORDINANCE NO. 2008.11, AMENDING CHAPTER 26, SECTION 26-66(A)(1), 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 Polaczyk to adopt Ordinance No. 2008.11. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser-1. Absent: 0.
OTHER BUSINESS.
None.
NEW BUSINESS.
A) CONSIDERATION OF THE REQUEST TO PURCHASE A 2009 INTERNATIONAL 4300 SBA 4X2 CAB AND CHASSIS TRUCK, UTILIZING THE MICHIGAN STATE PURCHASING PROGRAM - PROPOSAL #7084-01, FROM TRI COUNTY INTERNATIONAL, JACKSON, FOR A TOTAL PURCHASE PRICE OF $56,824.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B) CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO HI-TEC BUILDING SERVICES, INCORPORATED, JENNISON, IN THE AMOUNT OF $50,940.00, WITH TWO, ONE-YEAR RENEWAL OPTIONS WITH A THREE PERCENT INCREASE, FOR JANITORIAL SERVICES FOR CITY HALL, WATER DEPARTMENT, WASTEWATER TREATMENT PLANT AND THE DEPARTMENT OF PUBLIC SERVICES, IN ACCORDANCE WITH THE RECOMMENDATION OF CITY DEPARTMENT REPRESENTATIVES AND THE PURCHASING AGENT.
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C) CONSIDERATION OF THE REQUEST TO REVOKE THE LICENSE ISSUED TO ERA REARDON REALTY ON JULY 14, 2005, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO SIGN THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO TAKE ALL OTHER ACTION NECESSARY TO RECORD THE NOTICE OF REVOCATION WITH THE JACKSON COUNTY REGISTER OF DEEDS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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.
D) CONSIDERATION OF THE REQUEST FROM ALLEGIANCE HEALTH TO OBTAIN THE GLASS MURAL LOCATED AT 212 WEST MICHIGAN AVENUE, AND FUND ALL ASSOCIATED REMOVAL COSTS, AS RECOMMENDED BY THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Breeding to postpone consideration of this Item until the September 9, 2008, City Council meeting. 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 CONTRACT BETWEEN THE CITY AND THE JACKSON COUNTY ROAD COMMISSION WITH AN ESTIMATED CONTRACT VALUE OF $88,033.40, FOR THE SEAL COATING OF VARIOUS CITY STREETS, AND AUTHORIZATION FOR THE CITY MANAGER AND 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 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.
F) CONSIDERATION OF THE REQUEST FROM THE JACKSON COUNTY COMMISSION TO APPROVE THE CONCEPT OF DISCUSSION OF CO-LOCATION OF A PUBIC SAFETY FACILITY, AND APPOINTMENT OF AN ADDITIONAL CITY COUNCILMEMBER TO THE SHERIFF'S AD HOC COMMITTEE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the request and appoint Councilmember Howe to the Sheriff's Ad Hoc Committee. 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.
G) CONSIDERATION OF THE REQUEST TO APPROVE INCENTIVES FOR THE UNITED WAY CAMPAIGN TO CITY EMPLOYEES WHO ARE ELIGIBLE, AS WELL AS A COST NOT TO EXCEED $800.00 FOR MISCELLANEOUS EXPENSES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
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, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Greer--2. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Howe explained that he was wearing his Relay for Life cancer survivor t-shirt.
Mayor Ludwig stated that he is directing City staff to look into the matter of group homes and that there are two sides to this issue. Perhaps there needs to be a better line of communication with the Police Department regarding these complaints.
Councilmember Gaiser expressed his appreciation for what the Mayor said and looks forward to finding solutions. Better communications all the way around would be beneficial.
CITY MANAGER'S COMMENTS.
The Manager noted that the reconstruction of High Street will begin on August 25 and will take approximately eight weeks to complete.
He also reported that Jim Jansen, Production Engineering, notified him that he closed on the Goodyear warehouse and is ready to discuss his plans for the building with City staff.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS AND PENDING LITIGATION.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to go into closed executive session to discuss labor matters and pending litigation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Froun
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