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 Frounfelker gave the invocation which was prepared by the Pastor of the Community AME Church.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Daniel P. Greer, Andrew R. Frounfelker and John R. Polaczyk-5. Absent with excuse: Councilmembers William A. Mure and Sarah E. Mead-2.
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 Polaczyk to adopt the agenda, as amended with Item 11.B. under Resolutions deleted. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Charles Mitchell, Pastor of the New Greater Bethlehem Temple Church, discussed his request for the vacation of an alley that runs directly through the middle of his Church.
John Wilson, 1045 S. Durand, offered congratulations to Councilmember Polaczyk and discussed the recent rulings requiring the City to refund tax dollars to Kinder Morgan and Consumers Energy.
Marty Herr, 844 Longfellow, commented on the Risk Management Associates, Inc. report and suggested that a task force be created to address the problems outlined in the report.
Kris and Nancy Minix, 2216 E. Michigan, spoke in opposition to the request from Horton Lounge, LLC to transfer a Class C licensed business and request a new Entertainment and Topless Activity Permit at 112 S. Horton Street.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of October 23, 2007.
B. Approval of the request from Trinity Lutheran Church to hold their 50 Days Ablaze Celebration event with a motorcade on City streets, Sunday, November 18, 2007, beginning at 12:30 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering Departments and the Downtown Development Authority. Proper insurance coverage received.)
C. Approval of the request from the Greater Jackson Habitat for Humanity to hold their 5K Run/Walk for Shelter on Sunday, November 18, 2007, beginning at 1:00 p.m. until 3:00 p.m., at Ella Sharp Park. (Recommended approval received from the Police, Fire, Traffic Engineering, and Parks and Recreation Departments. Proper insurance coverage received.)
D. Approval of the three-year renewal agreement for the Southern Michigan Criminal Justice Training Consortium, beginning January 1, 2008, and ending December 31, 2010, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the Deputy City Attorney, and the Acting Chief of Police.
E. Approval of Final Change Order No. 1 to the contract with Concord Excavating and Grading, Inc., in the amount of $4,047.24, for the parking lot and court reconstruction project at the Martin Luther King Recreation Center and Parking Lot 7, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
F. Approval of Traffic Control Order (TCO) No. 1967 prohibiting truck traffic on W. Hickory Avenue between Fourth Street and Horton Road, in accordance with the recommendation of the City Engineer.
G. Approval of Traffic Control Order (TCO) No. 1968 to install No Parking Signs on the east side of First Street between Greenwood and Morrell, effective at the end of the proposed reconstruction in 2008, in accordance with the recommendation of the City Engineer.
H. Receipt with regret the resignation of George Svinicki from the Building Code Board of Appeals.
I. Receipt with regret the resignation of Richard T. Dirlam from the Police and Fire Pension Board - Original.
J. Receipt of the Dangerous Building Report through October 31, 2007.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3340 FOR STREET CONSTRUCTION ON CLINTON ROAD FROM ADAMS STREET TO MONROE STREET.
Mayor Ludwig opened the public hearing. Terry Shellhorn, 1601 Clinton Road, voiced his opposition to his special assessment. He didn't want the project done because it wasn't needed. No correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3340.
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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3341 FOR STREET CONSTRUCTION ON CLINTON ROAD FROM LANSING AVENUE TO ADAMS STREET.
Mayor Ludwig opened the public hearing. The Clerk reported a letter was received by fax from Jeffrey T. Aldous opposing the assessment on Stencil Nos. 2-2028 and 2-2027. A letter was also received by fax from Keiran Downie opposing the assessment on Stencil No. 2-2029. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3341.
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, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3342 FOR STREET CONSTRUCTION ON DOUGLAS STREET FROM FIRST STREET TO WOODBRIDGE STREET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3342.
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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3343 FOR STREET CONSTRUCTION ON S. MILWAUKEE STREET FROM HIGH STREET TO MORRELL STREET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3343.
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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION DENYING THE REQUEST FROM THE HORTON LOUNGE, LLC TO TRANSFER OWNERSHIP OF A 2006 CLASS C LICENSED BUSINESS WITH DANCE PERMIT LOCATED IN ESCROW AT 310 S. MECHANIC STREET FROM PATRICK MCDONALD, JR. AND TRANSFER LOCATION TO 112 S. HORTON STREET AND REQUEST A NEW ENTERTAINMENT PERMIT AND NEW TOPLESS ACTIVITY PERMIT.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution disapproving the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
B. PROPERTY OWNER COMPLETED REPAIRS. ITEM PULLED.
C. CONSIDERATION OF A RESOLUTION REVISING THE CITY'S BUILDING PERMIT FEES FOR NEW CONSTRUCTION, ALTERATION, RENOVATION, REMODELING, ROOFING, SIDING AND DECKS FOR RESIDENTIAL AND COMMERCIAL PROPERTIES, AND APPROVAL OF A RETROACTIVE REIMBURSEMENT FOR PERMITS THAT HAVE BEEN ISSUED SINCE SEPTEMBER 1, 2007, THAT WERE CALCULATED BASED ON THE JULY SCHEDULE, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
ORDINANCES.
None.
OTHER BUSINESS.
A. CONSIDERATION AND RECEIPT OF THE RISK MANAGEMENT ASSOCIATES, INC., INVESTIGATIVE REPORT RELATED TO THE MANAGEMENT OF THE JACKSON POLICE DEPARTMENT AND ALLEGATIONS MADE BEFORE THE JACKSON CITY COUNCIL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the report from Risk Management Associates, Inc. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
NEW BUSINESS.
A. ITEM MOVED TO OTHER BUSINESS.
B. CONSIDERATION OF AUTHORIZATION FOR THE MAYOR TO EXECUTE A BROWNFIELD ASSISTANCE AMENDMENT WITH THE U. S. ENVIRONMENTAL PROTECTION AGENCY (US EPA) BROWNFIELD ASSESSMENT GRANT FOR $400,000.00 EXTENDING THE GRANT PERIOD TO MARCH 30, 2008, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to authorize the Mayor to execute the Amendment and authorize staff to make minor modifications to the Agreement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO HARRISON BUILDERS, IN THE AMOUNT OF $34,840.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 138 WALL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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, Frounfelker and Polaczyk-5. Nays: 0. Absent: Councilmembers Mure and Mead-2.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Greer thanked all of the citizens who voted on November 6 and commended the City Clerk, her staff and workers for a job well done. He also offered his congratulations to all of the candidates on the ballot.
The City Manager gave a brief history and explanation of the Act 345 Police and Fire Pension levy and the impact on citizens as the result of the Kinder Morgan decision.