CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:01 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Frounfelker 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: 0.
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. 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.
None.
CITIZEN COMMENTS.
David Fagan, City Cab Company, told the Council he doesn't believe another taxicab company is needed.
Caron Wootten, Colonial Transportation, gave a brief history of her business. She asked the Council to immediately begin the process of reviewing, updating and modernizing the ordinance regarding taxicab companies and listed some criteria she would like to see included. A hand-out from Mrs. Wootten was distributed to Councilmembers.
Chris Lambrecht, Frauenshuh Healthcare, and Richard Baron, Foley, Baron & Metzger, stated they were available to answer any questions that might arise regarding the development agreement for the Neuromuscular Center.
Robert Cole, Chair of the Parking Advisory Committee, stated that the Committee will start looking at issues related to parking that are of concern to the community. He announced that meetings are held at 7:30 a.m. on the first and third Mondays of each month at the Jackson Coffee Company. He invited interested individuals to attend.
Doug Brown, Applied Science & Technology, Inc., explained to Council that his company is interested in getting started as soon as possible.
CONSENT CALENDAR.
Councilmember Breeding requested Item I be removed for separate consideration.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the following Consent Calendar, with Item I 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 February 12, 2008.
B. Approval of a Taxicab Company License for Starlite Cab Company, 1703 E. Michigan Avenue, in accordance with the recommendation of the City Clerk.
C. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $9,922.43, for planning services for January 2008, in accordance with the recommendation of the City Manager.
D. Approval of the offer to purchase City-owned property located at 1407 Plymouth, (6-0626), in the amount of $2,000.00, waive a development agreement on the condition that the lot be combined with purchaser's property for the purpose of adding yard space, and authorization for the Mayor to execute the Purchase Agreement, subject to minor modifications and approval by the City Attorney, in accordance with the recommendation of the Community Development Director.
E. Approval of Traffic Control Order No. (TCO) 1971, establishing parking restrictions on the east and west sides, and at the southern dead-end of Columbus Street south of Pearl Street, in accordance with the recommendation of the City Engineer.
F. Approval of Traffic Control Order No. (TCO) 1973, changing the first three angle parking stalls east of Mechanic Street in the 100 block of E. Michigan Avenue on the south side, from a two (2)-hour time limit to a twenty (20) minute limit, in accordance with the recommendation of the City Engineer.
G. Approval of Final Change Order No. 2 to the contract with Concord Excavating and Grading, in the increased amount of $231.00, for the King Center Parking Lot and Tennis Court Reconstruction project 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.
H. Receipt of the City of Jackson's summary of revenue and expenditures for the seven (7) months ended January 31, 2008.
I. Removed for separate consideration.
J. Receipt of suit filed in U. S. District Court by Charles E. McCoy vs. the Jackson Police Department, et al, and referral to the City Attorney's office for appropriate action.
K. Receipt of Petition for Writ of Certiorari to the Michigan Supreme Court, Greater Bible Way Temple of Jackson, Petitioner and City of Jackson, et al, Respondents, and referral to the City Attorney's office for appropriate action.
L. Establishment of March 11, 2008, at the City Council meeting as the time and place to hold a public hearing to amend the City's Brownfield Plan for 900 Cooper Street (Great Lakes Home Health & Hospice), as recommended by the Jackson Brownfield Redevelopment Authority and the Community Development Director.
CONSENT CALENDAR ITEM I.
Receipt of the Community Development Department CDBG Financial Report through January 31, 2008.
Councilmember Breeding stated he was uneasy with the balances in Items 5, 8, 17, 21, 33 and 36 of the report. He asked the Community Development Director to get back with him on this matter and to provide a report on The Salvation Army Heating Assistance program.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to receive the report. 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.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A) APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT FREDERICK DAVIES TO THE LOCAL OFFICERS COMPENSATION COMMISSION FOR A SEVEN-YEAR TERM, BEGINNING FEBRUARY 29, 2008 AND ENDING FEBRUARY 28, 2015.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the Mayor's recommendation. 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.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 JACKSON POLICE DEPARTMENT BUDGET TO REFLECT THE RECEIPT OF THE PROJECT SAFE NEIGHBORHOODS - ANTI-GANG INITIATIVE GRANT WITH THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE THROUGH THE DETROIT COMMUNITY JUSTICE PARTNERSHIP IN THE AMOUNT OF $70,185.00.
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B) CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 JACKSON POLICE DEPARTMENT BUDGET TO REFLECT THE RECEIPT OF THE PROJECT SAFE NEIGHBORHOODS - ANTI-GUN INITIATIVE GRANT WITH THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE THROUGH THE DETROIT COMMUNITY JUSTICE PARTNERSHIP IN THE AMOUNT OF $25,344.00.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser 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.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY, DDA AND JACKSON INVESTORS, L.L.C., REGARDING THE NEUROMUSCULAR CENTER TO BE CONSTRUCTED ON MICHIGAN AVENUE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY.
City Attorney Giglio announced that there is an amendment in Exhibit B that includes two tax tables. He also noted a typographical error in Sec. 2.4; the dollar amount should be $25,449.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to approve the development agreement between the City, DDA and Jackson Investors, L.L.C., regarding the Neuromuscular Center to be constructed on Michigan Avenue, authorize the Mayor and City Clerk to execute the appropriate document(s) and authorize staff to make minor modifications. 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 AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $27,965.00 FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 245 W. HIGH STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $21,020.00 FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 822 N. WATERLOO, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $21,625.00 FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 1305 CHITTOCK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
E. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $33,405.00 FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 724 S. PLEASANT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the requests to approve bid awards in Items B through E above to At-A-Moments-Notice. 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 TO TRANSFER OWNERSHIP OF CITY TAX REVERTED PROPERTIES TO THE JACKSON COUNTY LAND BANK AUTHORITY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AS APPROVED BY THE CITY ATTORNEY, 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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
G. CONSIDERATION OF THE REQUEST TO STAY ENFORCEMENT OF CHAPTER 21, SECTION 21.5-26.1, CITY CODE, REGARDING OBTAINING A NON-CONFORMING SIGN PERMIT, UNTIL MAY 30, 2008, AND FOR THE CITY ATTORNEY'S OFFICE TO PREPARE AN AMENDED ORDINANCE FROM THE GUIDANCE AND DIRECTION OF CITY COUNCIL TO BE PRESENTED AT THE MARCH 25, 2008, MEETING, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to approve the request. 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.
H. CONSIDERATION OF THE SELECTION OF APPLIED SCIENCE & TECHNOLOGY, INC. (ASTI) AS THE CONSULTANT TO IMPLEMENT THE US EPA ASSESSMENT GRANT AWARDED IN 2007 FOR THE JACKSON BROWNFIELD REDEVELOPMENT PROJECT, AND AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT FOR A NOT-TO-EXCEED GRANT AMOUNT OF $400,000.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY (JBRA) AND THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the selection of Applied Science & Technology, Inc., (ASTI) as the consultant to implement the US EPA assessment grant awarded in 2007 for the Jackson Brownfield Redevelopment Project and to authorize staff to negotiate a contract for a not-to-exceed grant amount of $400,000.00. 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.
I. CONSIDERATION OF THE REQUEST TO APPROVE AN ADJUSTED SCHEDULE AND THE PRELIMINARY ALLOCATION FOR FISCAL YEAR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the adjusted schedule. 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 Frounfelker and seconded by Councilmember Greer to approve the following preliminary allocations for CDBG funds. 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.
CDBG FUNDS **********
PUBLIC SERVICES
American Red Cross $ 2,000
Big Brothers/Big Sisters $ 2,000
Center for Family Health (Adult Dental) $ 25,000
Center for Women $ -0-
Child Care Network $ -0-
CD Neighborhood Resource Center $ 12,000
Community Action Agency - Fair Housing $ -0-
Partnership Park Neighborhood Assoc. $ 5,000
Family Services & Children's Aid $ 5,000
Florence Crittenton - Male Transition Program $ 2,500
Florence Crittenton - Reporting Center for Youth $ 3,000
Jackson Affordable Hsg. - Homeowner Training $ 3,000
Jackson Affordable Hsg. - Foreclosure Prevention $ 27,273
Human Relations Commission - Youth Council $ 1,000
Jackson School of the Arts $ 1,500
Jackson Co. Prenatal Task Force $ -0-
The Salvation Army $ 63,000
Parks & Recreation - MLK Summer Program $ 35,000
United Way - 211 Call Center &n