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 requested a moment of silence be observed to reflect on the passing of Mary Barber and Sean Mietelka. 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 and John R. Polaczyk-6. Absent with excuse: Andrew R. Frounfelker-1.
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig announced that Consent Calendar Items S and T, minutes from the special City Council meetings of May 9 and May 12, 2007, will be deleted from this agenda and placed on the May 29, 2007, agenda.
Motion was made by Councilmember Mead and seconded by Councilmember Mure to adopt the agenda, with the above amendment. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
John Wilson, 1045 S. Durand, addressed the Council expressing his concern that the County sold the 68 acres of airport property for retail development below the appraised value and below the County's required minimum bid. He believes the taxpayers are footing the infrastructure costs and urged a “no” vote on Ramco-Gershenson subsidies.
CONSENT CALENDAR.
Councilmember Greer requested Item A be removed for separate consideration. Councilmember Mead requested Items J, K, L and M be removed for separate consideration. Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the following Consent Calendar with Items A, J, K, L and M removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
Consent Calendar
A. Removed for separate consideration.
B. Approval of City license renewals for the year expiring April 30, 2008, in accordance with the recommendation of the City Clerk.
C. Approval of the request from the Jackson County Wellness Team to conduct the 10th annual Treasure Walk on Wednesday, May 16, 2007, beginning at 11:30 a.m. (Recommended approval received from the Police, Fire, Parks/Forestry, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received and approved.)
D. Approval of the request from the Jackson County Rose Festival to close Brown Street between Denton Road and Randolph Street, with Class 3 barricades with lights on from 12:00 p.m. on Thursday, May 24, 2007, through 9:00 a.m. on Tuesday, May 29, 2007, to hold Weekend in the Park events. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
E. Approval of the request from the Jackson County Rose Festival to (1) close Michigan Avenue from Mechanic Street to Brown Street and hold the Rose Parade on Sunday, June 3, 2007, between 12:00 p.m. and 3:00 p.m., and (2) authorization for the City Attorney to place the State of Michigan, the Michigan Department of Transportation and the Jackson County Road Commission on the City's general liability policy as additional insureds. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments and the Downtown Development Authority. Proper insurance coverage received and approved.)
F. Approval of the request from the Jackson County Veterans Council to (1) conduct their annual Memorial Day Parade, with police assistance, and memorial service in Mount Evergreen Cemetery on Monday, May 28, 2007, and (2) to close requested streets at 9:00 a.m., and (3) request a contribution of $250.00. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement received in lieu of insurance coverage.)
G. Approval of the request from the Greater Jackson Chamber of Commerce to hold the Wheels of Thunder event on Friday and Saturday, June 8 and 9, 2007, in downtown, and to close Cortland Street from Blackstone Street to Francis Street, Michigan Avenue from Blackstone Street to Francis Street, Pearl Street from Blackstone Street to Mechanic Street, Mechanic Street from Cortland Street to Washington Street, and Jackson Street from Cortland Street to Louis Glick Highway, from 3:00 p.m., on June 8th until 11:30 p.m. on June 10th, and to use City Parking Lot Nos. 8, 14, and 20. (Recommended approval received from the Police, Fire, Public Services, and Traffic Engineering Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
H. Approval of the request from the Ella Sharp Museum Association for authorization for a temporary outdoor service and add bar permit on Saturday, June 9, 2007, at 3225 Fourth Street. (Recommended approval received from the Police, Fire, Traffic Engineering, and Parks and Recreation Departments. Proper insurance coverage received and approved.)
I. Approval of the request from the American Cancer Society to conduct the Relay for Life on Friday, August 3, 2007, beginning at 6:00 p.m., and concluding on Saturday, August 4, 2007, at 6:00 p.m., and to close Randolph Street between Brown and High Streets, and northbound Brown Street from Denton Road to Randolph Street with Class 3 barricades. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
J. Removed for separate consideration.
K. Removed for separate consideration.
L. Removed for separate consideration.
M. Removed for separate consideration.
N. Approval of the Region 2 Planning Commission invoice, in the amount of $22,587.64, for planning services from January 1 through March 31, 2007, in accordance with the recommendation of the City Manager.
O. Approval of Amendment No. 1 to the Consulting Agreement with Wade Trim for additional design and soil borings for the Wildwood Avenue project required by the Michigan Department of Transportation (MDOT), in the amount of $9,800.00, bringing the professional service agreement amount to $140,838.00, and authorization for the City Engineer and City Manager to execute the appropriate contract document(s) in accordance with the recommendation of the City Engineer.
P. Approval of Amendment No. 3 to the Consulting Agreement with DLZ, for inspection and testing costs on the Denton Road Bridge Replacement project, in the amount of $21,324.70, bringing the final professional service agreement amount to a not-to-exceed price of $144,402.95, and authorization for the City Engineer and City Manager to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
Q. Approval of the low bid award to Harrison Builders, at their bid price of $19,970.00, for a rehabilitation project at the Neighborhood Resource Center, 1015 Francis Street (NRC#2), in accordance with the recommendation of the Community Development Director and the Purchasing Agent.
R. Receipt of the Dangerous Building Status Report through April 30, 2007.
S. Deleted.
T. Deleted.
CONSENT CALENDAR ITEM A.
Approval of the minutes of the regular City Council meeting of April 24, 2007.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the minutes, as amended, with Councilmember Greer making the motion to adopt the resolution regarding the state budget crisis. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
CONSENT CALENDAR ITEM J.
Approval of the request from the Free Radio Jackson to hold their annual Brunofest at the Riverwalk Amphitheater on Saturday, June 30, 2007, from 7:00 a.m. until 10:30 p.m. (event 12:00 p.m. - 9:00 p.m.). (Approval recommended by the Fire, Police, Public Services, and Parks/Forestry departments, the Amphitheater Review Committee and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
CONSENT CALENDAR ITEM K.
Approval of the request from the Downtown Development Authority to hold the Bud Light Concert Series at the Riverwalk Amphitheater on Fridays, July 6, 20, and 27, and August 10, and 17, 2007, from 4:30 p.m. until 8:00 p.m. (event 6:00 p.m. until 8:00 p.m.). (Approval recommended by the Police, Fire, Forestry/Parks, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Proper insurance coverage received.)
Motion was made by Councilmember Mead and seconded by Councilmember Mure to postpone consideration of this matter until the next regular Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead and Polaczyk-5. Nays: Councilmember Greer-1. Absent: Councilmember Frounfelker-1.
CONSENT CALENDAR ITEM L.
Approval of the request from American 1 Federal Credit Union to hold the American 1 Teen Idol at the Riverwalk Amphitheater on Friday, July 13, 2007, from 8:00 a.m. until 11:00 p.m. (event 6:00 p.m. until 9:30 p.m.). (Approval recommended by the Fire, Police, Forestry/Parks, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
Motion was made by Councilmember Mead and seconded by Councilmember Mure to postpone consideration of this matter until the next regular Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
CONSENT CALENDAR ITEM M.
Approval of the request from American 1 Federal Credit Union to hold Movie in the Park at the Riverwalk Amphitheater on Friday, August 24, 2007, from 12:00 p.m. until 12:00 a.m. (event dark until 11:30 p.m.). (Approval recommended by the Fire, Forestry/Parks, Police, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
Motion was made by Councilmember Mead and seconded by Councilmember Breeding to postpone consideration of this matter until the next regular Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE CITY'S FISCAL YEAR 2007-2008 PROPOSED BUDGET.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to recess as City Council and convene as Board of Review. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4148 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. John Mietelka, 1620 First Street, spoke in objection to his Invoice (No. 200700738) for weed removal included on this roll. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4148.
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to request an investigation of this invoice, looking at pictures and getting definitions and descriptions of the weeds that were removed, so that Council can make a decision at their May 29 meeting and to remove this Stencil No. (3-2398) for 1620 First Street and adopt the resolution, as amended, confirming Roll No. 4148. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4149 FOR DELINQUENT MISCELLANEOUS BUILDING FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4149.
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 and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
C. PUBIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4150 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. Abelardo Moralez, 705 Page Avenue, requested Council set aside his Invoice (No. 200700124) for code enforcement inspection fees included on this roll. It should be noted that Mr. Moralez requested his Invoice No. 200701127 for replacement of a frozen water meter be set aside. This Invoice is not on a special assessment roll. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4150.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Mead to set aside the $470.92 (total of the above two invoices).
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to table any action until the next regular Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer and Mead-4. Nays: Mayor Ludwig and Councilmember Polaczyk-2. Absent: Councilmember Frounfelker-1.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the resolution confirming Special Assessment Roll No. 4150, with Invoice No. 200700124 removed (Stencil No. 6-1563) in the amount of $390.17 and to come back at the next regular Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-5. Nays: Mayor Ludwig-1. Absent: Councilmember Frounfelker-1.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4151 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4151.
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, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4152 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. Charlotte Love, 931 Francis Street, requested that her Invoice (No. 200700600) for property clean up be removed from the Roll and not assessed to the property. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4152.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to adopt the resolution, with the exception of Invoice No. 200700600 (Stencil No. 5-0561), which will be held over until the next regular Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adjourn as Board of Review and reconvene as City Council. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION SUPPORTING THE SAFE ROUTES TO SCHOOL (SR2S) PROGRAM AND THE JACKSON FITNESS COUNCIL GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR THE FOLLOWING PROJECTS: NORTHEAST ELEMENTARY SCHOOL - SIDEWALK INSTALLATION AND REPAIRS, AND JACKSON ARTS AND TECHNOLOGY ACADEMY - SIDEWALK REPAIRS, AND COMMITMENT BY THE CITY TO ASSIST THE SCHOOLS IN PROJECT IMPLEMENTATION BY PROVIDING ADMINISTRATION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
Councilmember Mure asked City Engineer Jon Dowling to look into partnering with the County to extend the sidewalk.
B. CONSIDERATION OF A RESOLUTION APPROVING THE VACATION OF 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.) (TABLED AT THE APRIL 24, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Breeding 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 and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON.
Motion was made by Councilmember Greer and seconded by Mayor Ludwig 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, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
B. CONSIDERATION OF AN ORDINANCE ESTABLISHING COMPENSATION RATES FOR THE CITY ASSESSOR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
C. CONSIDERATION OF AN ORDINANCE ESTABLISHING COMPENSATION RATES FOR THE POLICE DEPARTMENT COMMUNITY SERVICE OFFICERS.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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, Mure, Greer, Mead and Polaczyk-6. Nays: 0. Absent: Councilmember Frounfelker-1.
D. CONSIDERATION OF AN ORDINANCE ESTABLISHING