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's invocation was from Martin Luther's prayers for government.
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 announced that Item N on the Consent Calendar was moved to Item E under Resolutions and Item B under New Business was removed at the request of the City Manager.
Motion was made by Councilmember Mead and seconded by Councilmember Greer 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.
A. PRESENTATION BY ISHWAR LAXMINARAYAN, EXECUTIVE DIRECTOR, JACKSON DISTRICT LIBRARY, ON THE LIBRARY'S PROPOSED EXPANSION PLAN.
Mr. Laxminarayan explained the vision the Library has to expand its services, collections, programs and technologies to serve all residents of Jackson County. He discussed how people are using libraries today and how the Board approved an expansion plan for all facilities in the County. The Library is experiencing tremendous growth and residents have greater expectations. A millage request for 0.80 mills over 20 years will appear on the August, 7, 2007 ballot. The Library is asking the community to make an investment in our collective futures and the future of the educational, the cultural and the economic development of this County.
CITIZEN COMMENTS.
Tearia Bailey, 608 S. Mechanic Street, asked the Council for permission to sell cold drinks in the downtown area with her sister. With the money they raise, they will take a trip to Michigan Adventure in Muskegon and give 25% to charity.
Bill Lowe, 3916 Allston Drive, representing the Sons of Union Veterans of the Civil War, invited the Council to attend the dedication of a Michigan historical marker on the site of the main gate of the Civil War Camp Blair, 1214 Wildwood Avenue, on July 22 at 3:00 p.m.
Deanna Ekin, 716 Tomlinson Street, spoke to the Council regarding her offer to purchase the vacant lot at 714 Tomlinson Street and to clean it up.
Kim Gamez, 215 S. Mechanic Street, distributed a map of Mechanic Street between Washington and Cortland and asked Council to approve her two applications for events on August 3, 4, 17 and 18. The DDA requested that they tear down Saturday at 2:00 a.m. and set up again on Saturday at 2:00 p.m. She asked Council to give her from Friday at 2:00 p.m. until Sunday at 3:00 a.m.
William Seelye, 1118 Linwood Avenue, thanked everyone for the repairs being done on City streets and for the work scheduled to be done on Linwood this year. He proposed that certain side streets, such as Rosedale, be shut off at Linwood to slow traffic down. He also stated he was appalled, after reading the newspaper, about an illegal substance being used by Councilmembers. He feels the people involved should resign and all public servants should be drug tested.
David Elwell, Jackson County Commissioner - District 12, spoke about the development of the airport property north of I-94. He encouraged the Council to act expeditiously on the release of the deed for that property. He believes this development would give a huge boost to our local economy and to Northwest Schools.
Reverend William Scott and Angelic Sponaugle, Calvary Apostolic Church, shared some activities their Church has been involved in. They explained their first annual Calvary Clean Sweep event which helped residents on Williams Street with grass cutting and lawn clean up. They also provided blankets to people in need last January. They are looking for more volunteers and want to see these efforts grow.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the following Consent Calendar. 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 June 12, 2007.
B. Approval of the request from the Eastside Reunion Committee to hold their annual reunion on Saturday, August 11, 2007, from 10:00 a.m. until dusk, and to use Rotary Park and playground. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Hold Harmless Agreement executed in lieu of insurance coverage.)
C. Approval of the request to hold a Loomis Park Community Music Festival on Saturday, June 30, 2007, from 12:00 p.m. until 8:00 p.m. at Loomis Park. (Recommended approval received from the Police, Fire and Parks/Forestry Departments. Hold Harmless Agreement executed in lieu of insurance coverage.)
D. Approval of the request from Jackson County Parks to close Brown Street from Randolph Boulevard to Denton Road on Tuesday, July 3, 2007 (rain date, Saturday, July 7th), from 12:00 p.m. until midnight, with police assistance, to hold a Fireworks Festival at Cascade Falls Park. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received.)
E. Approval of the request from Jackson County Parks to close Brown Street in Cascade Falls Park on Friday, August 24, 2007, at 11:00 a.m. through Sunday, August 26, 2007, at 7:00 p.m., for the annual Civil War Muster, and for Class 3 barricade placement to close Brown Street from Randolph Boulevard to Denton Road. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received.)
F. Approval of the request from Jackson County Parks to close Brown Street from Randolph Boulevard to Denton Road on Saturday, September 1, 2007, (rain date, Sunday, September 2nd) at 12:00 p.m. until midnight, with police assistance, for the Cascades Labor Day Fireworks. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received.)
G. Approval of the request from the Downtown Development Authority to hold Picnic in the Park on Tuesdays, July 10, July 17, July 24, July 31, August 7, August 14, August 21, and August 28, 2007, from 12:00 p.m. until 1:00 p.m., at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Insurance coverage is in place.)
H. Approval of Traffic Control Order No. 1952 prohibiting parking on the north and south sides of Jasper Street during soccer games at Parkside Middle School, in accordance with the recommendation of the City Engineer.
I. Approval of the request to reject the single bid for concrete repairs for Water Department projects, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
J. Approval of the request to reject all bids for the fiscal year 2006-2007 Crack Seal Program, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
K. Approval of the request for a City water service tap to the property located at 694 S. Dettman Road (Summit Township), in accordance with the recommendation of the Director of Public Services.
L. Approval of the request to terminate contract services with Lansing Total Lawn Care, Inc. for the 2007 Private Lot Mowing contract, and to award the contract to On Target Maintenance, Munith, Michigan, in the amount of $19,893.00, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
M. Approval of the request from the Assistant City Attorney to write-off a delinquent accounts receivable invoice, in the amount of $354.16.
N. Moved to Item No. 11E.
O. Approval of the purchase agreement for the City vacant lot located at 714 Tomlinson Street, in the amount of $3,500.00, subject to minor modifications and approval by the City Attorney, and to waive the requirement for a development agreement, in accordance with the recommendation of the Community Development Director.
P. Approval of the purchase agreement for the City vacant lot located at 515 N. Blackstone Street, in the amount of $800.00, subject to minor modifications and approval by the City Attorney, and to waive the requirement for a development agreement, in accordance with the recommendation of the Community Development Director.
Q. Approval of the purchase agreement for the City vacant lots located at 313 and 315 W. Wesley Street, in the amount of $1,000.00, and to negotiate a development agreement for redevelopment of the property, both agreements subject to minor modifications and approval by the City Attorney, in accordance with the recommendation of the Community Development Director.
R. Receipt of the City of Jackson's summary of revenue and expenditures for the eleven (11) months ended May 31, 2007.
S. Receipt of the Community Development Block Grant (CDBG) financial report through May 2007.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM RICHARDS FAMILY ENTERPRISES, LLC, TO TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS FROM FUTURE ENTERPRISES, INCORPORATED JAX, LOCATED AT 751 N. WATERLOO (DUFFY'S FOOD & SPIRITS), AND REQUESTING NEW ENTERTAINMENT PERMIT.
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.
B. CONSIDERATION OF A RESOLUTION ORDERING SIDEWALK REPLACEMENT AT 1409 FLORAL, IN ACCORDANCE WITH THE CITY-WIDE SIDEWALK 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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2006-2007 BUDGET TO REFLECT RECEIPT OF THE COOL CITIES GRANT, IN THE AMOUNT OF $100,000.00.
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, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE FOLLOWING RESOLUTIONS REVISING THE CITY'S BUILDING INSPECTION FEES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
1. ADOPTION OF AN ELECTRICAL PERMIT FEE SCHEDULE.
2. ADOPTION OF A PLUMBING PERMIT FEE SCHEDULE.
3. ADOPTION OF A MECHANICAL PERMIT FEE SCHEDULE.
4. ADOPTION OF A BUILDING PERMIT FEE SCHEDULE.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to postpone consideration of this matter until the July, 2007, City Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Mead and Frounfelker-4. Nays: Mayor Ludwig and Councilmembers Greer and Polaczyk-3. Absent: 0.
E. CONSIDERATION OF A RESOLUTION FOR THE CITY TO DECLINE EXERCISING ITS RIGHT OF FIRST REFUSAL FOR THE LISTED JACKSON COUNTY 2007 TAX FORECLOSED PROPERTIES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER, CITY ASSESSOR AND COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Mure 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.
Councilmember Mead requested that in the future staff provide, in addition to the Stencil Numbers, addresses and an indication if a structure exists on the property.
ORDINANCES.
None.
OTHER BUSINESS.
A. CONSIDERATION TO APPROVE THE REQUEST FROM THE CRAZY COWBOY, LLC TO HOLD “MIX IT UP ON MECHANIC STREET BARTENDER COMPETITION” ON FRIDAY AND SATURDAY, AUGUST 3 AND 4, 2007, AND TO CLOSE MECHANIC STREET BETWEEN CORTLAND STREET AND WASHINGTON AVENUE FROM 2:00 P.M. ON AUGUST 3RD UNTIL 3:00 A.M. ON AUGUST 5TH. (RECOMMENDED APPROVAL RECEIVED BY THE POLICE, FIRE, TRAFFIC ENGINEERING, AND PUBLIC SERVICES DEPARTMENTS. THE DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDS APPROVAL WITH NOTED CONTINGENCIES. CONTINGENT UPON RECEIPT OF PROPER INSURANCE COVERAGE. (INSURANCE COMPANY REQUIRES PURCHASE OF NON-REFUNDABLE SPECIAL EVENT INSURANCE. ) (ACTION ON ITEM POSTPONED AT THE MAY 29, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request, with the contingencies recommended by the DDA.
Additional contingencies were discussed and a motion was made by Councilmember Mead, seconded by Councilmember Mure, to divide the question. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to amend the main motion by deleting the contingencies. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: 0.
Motion was made by Mayor Ludwig and seconded by Councilmember Greer to amend the main motion to recommend that the Crazy Cowboy pay the City's share of expenses incurred by the Engineering and Public Works Departments. 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to amend the main motion to include that the Crazy Cowboy will meet with the residents of the Otsego and the Elaine Apartments prior to the July 17th meeting, so that we can finish the communication that was started with the merchants prior to this and close the loop. 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.
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
B. CONSIDERATION TO APPROVE THE REQUEST FROM THE CRAZY COWBOY, LLC TO HOLD “IT'S HOT ON MECHANIC STREET” LATIN FESTIVAL ON FRIDAY AND SATURDAY, AUGUST 17 AND 18, 2007, FROM 5:00 P.M. UNTIL 1:00 A.M., AND TO CLOSE MECHANIC STREET BETWEEN CORTLAND STREET AND WASHINGTON AVENUE FROM 2:00 P.M. ON AUGUST 17TH UNTIL 3:00 A.M. ON AUGUST 19TH. (RECOMMENDED APPROVAL RECEIVED BY THE POLICE, FIRE, TRAFFIC ENGINEERING, AND PUBLIC SERVICES DEPARTMENTS. THE DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDS APPROVAL WITH NOTED CONTINGENCIES. CONTINGENT UPON RECEIPT OF PROPER INSURANCE COVERAGE. (INSURANCE COMPANY REQUIRES PURCHASE OF NON-REFUNDABLE SPECIAL EVENT INSURANCE.) (ACTION ON ITEM POSTPONED AT THE MAY 29, 2007, CITY COUNCIL MEETING.)
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the request, with the contingencies recommended by the DDA and to also include meeting with concerned citizens prior to the July 17 Council meeting and for the Crazy Cowboy to pay the costs incurred by the City.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to amend the main motion by deleting the contingencies. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: 0.
The main motion was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Mead, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST FROM CITY COUNCILMEMBER WILLIAM MURE TO CHANGE THE JULY CITY COUNCIL MEETING DATE FROM JULY 17, 2007, TO EITHER JULY 10 OR JULY 24, 2007.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to move the July 17 meeting to July 24. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: 0.
B. DELETED.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO BAILEY EXCAVATING, JACKSON, IN THE AMOUNT OF $117,267.56, FOR THE LINWOOD AND ROCKWELL SANITARY SEWERS CONTRACT, 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 Greer 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.
D. CONSIDERATION OF THE RECOMMENDATION FROM THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO CONTINUE THE METERLESS PARKING SYSTEM AND TO AUTHORIZE THE CITY ASSESSOR TO START THE INFORMATION GATHERING AND VERIFICATION PROCESS FOR 2007-2008 METERLESS PARKING PROGRAM.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve beginning this process. 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.
E. CONSIDERATION OF THE REQUEST FOR THE CITY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE MICHIGAN STATE UNIVERSITY REMOTE SENSING & RESEARCH DEPARTMENT, WITH A NOT-TO-EXCEED AMOUNT OF $33,136.00, FOR GPS/GIS DATA SERVICES, CONTINGENT UPON CITY ATTORNEY APPROVAL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
Motion was made by Councilmember Mead and seconded by Councilmember Greer 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.
F. CONSIDERATION OF THE REQUEST TO APPROVE THE SALE OF THE PROPERTY LOCATED AT 2001 WELLWORTH STREET TO SOUTH FIFTY DEVELOPMENT, LLC (FULL SPECTRUM SOLUTIONS), IN THE AMOUNT OF $70,884.00, AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE DOCUMENTS AND TAKE ANY AND ALL OTHER ACTION NECESSARY TO CLOSE THIS REAL ESTATE TRANSACTION.
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 Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Frounfelker announced that the Jackson Board of Education will meet on Monday, July 2 in the Jackson High School Library to discuss the potential closing of Wilson Elementary School. He also stated he will be holding his quarterly Fifth Ward neighborhood meeting in the Council Chambers on July 25 at 7:00 p.m.
Councilmember Breeding read his memo to the City Manager and Councilmembers regarding the Portis investigation: “In order to provide anonymity, confidentiality, freedom of speech, openability, safety and security for persons who participate in the investigation, I recommend that any office space required by the contracted firm be located in one of the following: Jackson Crossing, Commonwealth Building, St. John's United Church of Christ, Community Action Agency, Barham Center, Y-Center, Lily Mission Center or Jackson County Court House.
EXECUTIVE SESSION TO DISCUSS A LEGAL OPINION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to go into closed executive session. The motion was adopted by the following voice vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Mure-1. Absent: 0.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by unanimous voice vote.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Mure to adjourn. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:22 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
