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 Mead gave the invocation.
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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted the addition of Item W to the Consent Calendar and Item E under Other Business. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the agenda, as amended. 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.
None.
CITIZEN COMMENTS.
Kim Gamez, 215 S. Mechanic Street - The Crazy Cowboy, addressed the Council highlighting the events she is requesting approval for at the Crazy Cowboy.
Philip Field, 121 E. Cortland Street - Town Bar, requested the Council deny the Crazy Cowboy request for parking lot closure for August 3 and 4.
Karen Haking, 102 Francis Street - Otsego Apartments, distributed a petition signed by Otsego Apartment residents opposed to the Crazy Cowboy's requests to extend liquor and patron service outside of their current property and into the City right-of-way.
Bridget Rothenberger, 229 S. Mechanic Street - Nomad Bookhouse, addressed the Council expressing her support of the Crazy Cowboy events, as long as her front door is not blocked.
Jean Soltis, 4687 Henry Road, asked Council who to contact regarding the capture of woodchucks in the City. She also asked if anyone had ideas on where she could obtain pictures of the former Mathews Ice Cream Parlor. The Mayor told her to call St. Mary's elementary school.
Abelardo Moralez, 705 Page Avenue, spoke to the Council regarding the denial of a Person Protection Order by Judge McBain.
CONSENT CALENDAR.
Councilmember Frounfelker requested Items H, I, J and K be removed for separate consideration. Councilmember Greer requested Item F be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with items F, H, I, J and K removed for separate consideration. 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 May 15, 2007.
B. Approval of the minutes of the special City Council meeting of May 9, 2007.
C. Approval of the minutes of the special City Council meeting of May 12, 2007.
D. Approval of the request from Jackson Community College to conduct the 37th annual PHP Rose Run/Walk on Saturday, June 9, 2007, beginning at 6:45 a.m., with police assistance. (Recommended approval received from the Police, Fire and Parks/Forestry Departments. Proper insurance coverage received and approved.)
E. Approval of the request from the Jackson Non-Profit Support Center and Helping All People Excel to conduct a Mentoring Awareness March, with police assistance, and picnic on Saturday, July 28, 2007, beginning at 10:00 a.m. at Bucky Harris Park, and closure of Jackson Street from Michigan Avenue to Pearl Street from 9:00 a.m. to 11:30 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
F. Removed for separate consideration.
G. Approval of the requests from Jackson Race Week Festival to (1) hold fireworks in the downtown at dusk on Friday, August 3, 2007, and have a City fire truck near the fireworks site from 10:00 p.m. until 11:00 p.m., and (2) close Michigan Avenue from Jackson Street to Mechanic Street (in conjunction with Downtown Development Authority request) and Mechanic Street to Francis Street for the Go-Kart Challenge, and (3) use part of Parking Lot Nos. 8 and 14 for stage set up, materials and restroom facilities, and (4) use the lower west level of the Francis Street parking deck (if needed for inclement weather) for IRL driver autograph session. (Recommended approval received from the Fire, Police and Traffic Engineering Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
H. Removed for separate consideration.
I. Removed for separate consideration.
J. Removed for separate consideration.
K. Removed for separate consideration.
L. Approval of the revised request from the Greater Jackson Chamber of Commerce to include the use of Bucky Harris Park and Blackman Park, beginning on Friday, June 8, 2007, at 8:00 a.m. through 11:30 p.m. on Saturday, June 9, 2007, for the Wheels of Thunder event. (Recommended approval received from the Traffic Engineering Department, Parks/Forestry Department, and the Downtown Development Authority.) (Original request approved at the May 15, 2007, City Council meeting.)
M. Approval of the request from the Midtown Association to conduct the Taste of Jackson event in conjunction with the June 22, 2007, Cruise Night, and to close Jackson Street from Cortland Street to Michigan Avenue at 4:30 p.m., in accordance with the recommendation of the Downtown Development Authority. (Recommended approval received from the Traffic Engineering and Public Services Department. Contingent upon receipt of insurance certificates or hold harmless agreements if no insurance available.) (Cruise Night events approved at the April 24, 2007, City Council meeting. Street closure will be one hour earlier than originally requested.)
N. Approval of the Jackson County invoice, in the amount of $10,800.00, for Emergency Dispatch MDC (Mobile Data Computer) maintenance costs from April 2007, through March 2008, in accordance with the recommendation of the City Manager.
O. Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Wastewater Treatment Plant for fiscal year 2007-2008, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
P. Approval of Traffic Control Order No. 1949 to install a passenger load zone in the alley between St. Mary Parish and School and the St. Mary Catholic Church (first alley east of Mechanic Street that runs between E. Wesley Street and Washington Avenue), in accordance with the recommendation of the City Engineer.
Q. Receipt of the City of Jackson's summary of revenue and expenditures for the ten (10) months ended April 30, 2007.
R. Receipt, with regret, of the resignation of David Spriggs from the Human Relations Commission, effective immediately.
S. Receipt of the Community Development Block Grant (CDBG) financial report through April 2007.
T. Receipt of a memorandum from the City Manager regarding the Incubator facility and referral of the matter to the City Affairs Committee.
U. Receipt of petitions filed by Kinder Morgan Michigan, LLC and Alpha Gen power, LLC with the Michigan Tax Tribunal and referral to the City Assessor and City Attorney for appropriate action.
V. Establishment of June 12, 2007, at the City Council meeting as the time and place to hold a public hearing on the proposed use of the 2007 Justice Assistance Grant (JAG) funds through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $32,734.00.
W. Approval of the request to postpone action on the Charlotte Love (Special Assessment Roll No. 4152) and John Mietelka (Special Assessment Roll No. 4148) invoices removed for investigation and Council action until the June 12, 2007, City Council meeting.
CONSENT CALENDAR ITEM H.
Approval of the request from the Crazy Cowboy LLC to hold a NASCAR Race Party/Latin Festival on Friday and Saturday, June 15 and 16, 2007, and to close Mechanic Street from Cortland Street to Washington Avenue, beginning at 2:00 p.m. on Friday, June 15th through 12:00 p.m. on Sunday, June 17th. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority, with contingencies. Insurance coverage received and approved.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to deny the application. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Mead-2. Absent: 0.
CONSENT CALENDAR ITEM I.
Approval of the request from the Crazy Cowboy, LLC to hold a Race Party on Friday and Saturday, August 3 and 4, 2007, and to use part of City Parking Lot No. 9, beginning at 2:00 p.m. on Friday, August 3rd through 12:00 p.m. on Sunday, August 5th. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority, with contingencies. Insurance coverage received and approved.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to postpone action on this matter so that the applicant can work with the neighbors to try to decide if this is the best position or if something else can work between now and August. 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 ITEM J.
Approval of the request from the Crazy Cowboy, LLC to hold a NASCAR Race Party/Bartender Competition on Friday and Saturday, August 17 and 18, 2007, and to close Mechanic Street from Cortland Street to Washington Avenue, beginning at 2:00 p.m. on Friday, August 17th, through 12:00 p.m. on Sunday, August 19th. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority, with contingencies. Insurance coverage received and approved.)
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to postpone action on this matter for the applicant to work with her neighbors to try to come up with a Mechanic Street party as they indicated tonight, but not on their application. 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 ITEM K.
Approval of the request from the Engineering Department for the Crazy Cowboy, LLC to reimburse the City for actual expenses incurred for work involved with their June and August 2007 special events.
No action needed at this time.
CONSENT CALENDAR ITEM F.
Approval of the request from Schlenker's Sandwich Shop to conduct their 80th anniversary celebration on Saturday, June 23, 2007, and to close E. Ganson Street between Loomis Street and East Avenue, beginning at 8:00 a.m. (Recommended approval received from the Traffic Engineering and Public Services Departments. Insurance coverage received and approved.)
Councilmember Greer congratulated Schlenker's Sandwich Shop, a Jackson institution, on their 80th anniversary and thanked Councilmember Mure for his assistance with this event. Councilmember Mure noted that he talked with neighbors on Ganson Street and with Mr. Fitzpatrick, who assured everyone that the neighborhood will stay clean.
Motion was made by Councilmember Greer and seconded by Councilmember Mure 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.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT PHILIP J. HONES TO THE CITY OF JACKSON BUILDING AUTHORITY FOR A THREE-YEAR TERM, BEGINNING JULY 1, 2007, AND ENDING JUNE 30, 2010.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the recommendation. 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. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JARED R. VICKERS (REPUBLICAN) TO THE ELECTION CANVASSERS BOARD, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2007.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent 0.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT BRUCE BARTON (REPUBLICAN) TO THE ELECTION CANVASSERS BOARD, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2007.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the recommendation. 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. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT S. BRADFORD WILLIAMS AND CHARLES REISDORF TO THE LOCAL DEVELOPMENT FINANCE AUTHORITY FOR A FOUR-YEAR TERM EACH, BEGINNING JUNE 4, 2007, AND ENDING JUNE 3, 2011.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the recommendation. 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.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION AMENDING SEWER RATES FOR DIRECT CITY BILLED CUSTOMERS, WITH A RECOMMENDED SEWER RATE INCREASE OF 7%, EFFECTIVE JULY 1, 2007.
Motion was made by Councilmember Greer and seconded by Councilmember Mead 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 PLEDGING LIMITED FULL FAITH AND CREDIT-PROPOSED BROWNFIELD REDEVELOPMENT AUTHORITY (BRA) TAX INCREMENT REFUNDING BONDS, SERIES 2007.
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.
C. CONSIDERATION OF A RESOLUTION TO SUBMIT A FUNDING APPLICATION TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) LOCAL BRIDGE PROGRAM, WITH A PROJECTED CONSTRUCTION COST OF $210,000.00 (CITY ESTIMATED COST OF $63,000.00), FOR PREVENTATIVE MAINTENANCE ON THE HIGH STREET BRIDGE OVER THE GRAND RIVER, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Breeding 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.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 471 ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt Ordinance No. 471. 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. FINAL ADOPTION OF ORDINANCE NO. 472 ESTABLISHING COMPENSATION RATES FOR THE CITY ASSESSOR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 472. 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. FINAL ADOPTION OF ORDINANCE NO. 473 ESTABLISHING COMPENSATION RATES FOR THE POLICE DEPARTMENT COMMUNITY SERVICE OFFICERS.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 473. 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. FINAL ADOPTION OF ORDINANCE NO. 474 ESTABLISHING COMPENSATION RATES FOR THE POLICE DEPARTMENT SCHOOL CROSSING GUARDS.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to adopt Ordinance No. 474. 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.
OTHER BUSINESS.
A. CONSIDERATION 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.) (ACTION ON ITEM POSTPONED AT THE MAY 15, 2007, CITY COUNCIL MEETING.
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 Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION 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. INSURANCE COVERAGE RECEIVED AND APPROVED.) (ACTION ON ITEM POSTPONED AT THE MAY 15, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Mead 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.
C. CONSIDERATION 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. INSURANCE COVERAGE RECEIVED AND APPROVED.) (ACTION ON ITEM POSTPONED AT THE MAY 15, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Mead 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.
D. CONSIDERATION OF THE PROPOSED HEALTH BENEFIT CHANGES FOR NON-UNION EMPLOYEES FOR FISCAL YEAR 2007-2008, AUTHORIZATION FOR STAFF TO PREPARE APPROPRIATE AMENDMENTS TO THE PERSONNEL POLICY AND ASSOCIATED BENEFIT-RELATED DOCUMENTS, AND AUTHORIZATION FOR STAFF TO INCREASE THE CASH STIPEND FOR MEDICARE-ELIGIBLE RETIREES FROM $100/MONTH/RETIREE TO $100/MONTH EACH FOR THE RETIREE AND SPOUSE UNTIL SUCH TIME AS THE CITY COUNCIL AMENDS THIS BENEFIT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE PERSONNEL DIRECTOR. (ACTION ON ITEM POSTPONED AT THE MAY 15, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
E. CONSIDERATION OF DISPOSITION OF THE FOLLOWING INVOICE NUMBERS RELATED TO THE PROPERTY LOCATED AT 705 PAGE AVENUE: