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FEBRUARY 24, 2009

JACKSON CITY COUNCIL MEETING MINUTES

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 Howe 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: none.
 
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.
 
Scott Fleming, President and CEO of The Enterprise Group, stated that he and his organization have a very good working relationship with City Manager Bill Ross.
 
Robert Cole, Parking Advisory Committee Chair, encouraged the Council to support the changes proposed by the City Assessor on the Meterless Parking System.
 
Patrick Colligan, owner of The Rocket nightclub, spoke in disagreement with the meterless parking fees calculated for his business.
 
Kathleen Conley, 714 Elmwood; Jay Cummings, 109 E. Biddle; Ben Keaster, 406 Richard; Major John Mallett, 806 E. Pearl, and Tom Mijal all encouraged the City Council to allocate funds for public services rather than street construction projects.
 
David Wooden, Jackson Fire Department, complimented City Manager Bill Ross's management style. He stated that under his leadership, employee morale is high and city services are being maintained even in this tough economy.
 
Charlie Woodruff, 1052 Cooper, discussed the difficult business climate and expressed his frustration with the number and cost of required permits and the sign ordinance.
 
CONSENT CALENDAR.
 
Councilmember Breeding requested Item D be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, as amended, with Item D 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 10, 2009, and special meeting minutes for February 16, 2009.
 
B. Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $13,818.84 for planning services for the month of January 2009, in accordance with the recommendation of the City Manager.
 
C. Receipt of 2008 Annual Report concerning District Court prosecutions and Administrative Hearings Bureau.
 
D. Removed for separate consideration.
 
E. Receipt of the Dangerous Building Report through January 31, 2009.
 
F. Establishment of March 10, 2009, at the City Council meeting as the time and place to hold a public hearing to consider a Brownfield Plan for 225 N. Horton Street (former EDSCHA building), as recommended by the Jackson Brownfield Redevelopment Authority (JBRA).
 
G. Establishment of March 10, 2009, at the City Council meeting as the time and place to hold a public hearing to consider the creation of a Plant Rehabilitation District (PRD) for 225 N. Horton Street as permitted by Public Act 198 of 1974.
 
H. Establishment of March 10, 2009, at the City Council meeting as the time and place to hold a public hearing to consider an application requesting a tax exemption in a Plant Rehabilitation District (PRD) for 225 N. Horton Street as permitted by Public Act 198 of 1974.
 
I. Establishment of March 10, 2009, at the City Council meeting as the time and place to hold a public hearing to consider the approval of an application for a Public Act 328 of 1998 personal property tax abatement at 225 N. Horton Street.
 
J. Establishment of March 10, 2009, at the City Council meeting as the time and place to hold a public hearing to consider the approval of an application to transfer an Industrial Property Tax Abatement for personal property from Blackman Township to 225 N. Horton Street (in the City of Jackson).
 
CONSENT CALENDAR ITEM D.
 
Receipt of the Community Development Department CDBG Financial Report through January 31, 2009.
 
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 JAMES CYPHERS TO     THE JACKSON TRANSPORTATION AUTHORITY FOR A THREE-YEAR TERM BEGINNING                     MARCH 2, 2009, AND ENDING MARCH 1, 2012.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to confirm the reappointment. 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) APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT BARTHOLOMEW J.     HAWLEY AND LEE HAMPTON TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A     FOUR-YEAR TERM EACH BEGINNING MARCH 30, 2009, AND ENDING MARCH 29, 2013.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to confirm the reappointments. 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.
 
A. PUBLIC HEARING ON THE REQUEST TO REZONE FROM I-2 (GENERAL INDUSTRIAL) TO I-1 (LIGHT INDUSTRIAL), PORTIONS OF PROPERTY LOCATED AT 103 N. HORTON STREET AND 2301-2309 E. GANSON STREET. (CITY PLANNING COMMISSION RECOMMENDS DISAPPROVAL.)
 
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING PROPERTY LOCATED AT 103 N. HORTON STREET AND 2301-2309 E. GANSON STREET.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding to disapprove the rezoning 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.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3350 FOR STREET CONSTRUCTION ON CENTER STREET FROM GANSON STREET TO NORTH STREET.
 
Mayor Ludwig opened the public hearing. Rita Van Buren, 824 Center Street, questioned the street construction, believing what was completed was not what was explained to residents at pre-construction meetings. Gene Swain, owner of the property at Ganson and Center Streets, asked if he would receive an itemized list of what he is being assessed for. The City Clerk reported that correspondence was received from Lanny Green protesting the special assessment against the property located at 828 Center Street. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3350.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3351 FOR STREET CONSTRUCTION ON FIRST STREET FROM GREENWOOD TO MORRELL STREET.
 
Mayor Ludwig opened the public hearing. No one spoke. The City Clerk reported that correspondence was received from Paul C. Harmer, III protesting the special assessment against the property located at 1105 First Street. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3351.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3352 FOR STREET CONSTRUCTION ON HIGH STREET FROM LOSEY STREET TO MARKET 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. 3352.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3353 FOR STREET CONSTRUCTION ON HIGH STREET FROM MARKET STREET TO OLD EASTERLY CITY LIMIT.
 
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. 3353.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
F. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3354 FOR STREET CONSTRUCTION ON HIGH STREET FROM OLD EASTERLY CITY LIMIT TO EXECUTIVE DRIVE.
 
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. 3354.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM GRACE HAVEN, INC., THAT THEY BE RECOGNIZED AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. CONSIDERATION OF A RESOLUTION REQUESTING THAT COMMUTER RAIL SERVICE, AS PROPOSED IN THE ANN ARBOR/DETROIT CORRIDOR, BE EXTENDED AS PART OF THE INITIAL SERVICE TO THE CITY, AND AUTHORIZATION FOR THE CITY MANAGER TO FORWARD A COPY OF THE RESOLUTION TO SENATOR CARL LEVIN, SENATOR DEBBIE STABENOW, CONGRESSMAN MARK SCHAUER, GOVERNOR JENNIFER GRANHOLM, AND THE EXECUTIVE DIRECTOR OF SEMCOG.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
ORDINANCES.
 
A. CONSIDERATION OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE VI, CITY CODE, TO PROVIDE FOR A VESTED FORMER MEMBER'S ANNUITY WITHDRAWAL OPTION UNDER THE GENERAL EMPLOYEE REITREMENT SYSTEM.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular City Council meeting agenda for adoption. 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.
 
OTHER BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE PRELIMINARY ALLOCATION FOR FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS. (POSTPONED AT THE FEBRUARY 10, 2009, COUNCIL MEETING.)
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following preliminary allocations for CDBG funds:
 
Jackson Affordable Housing Foreclosure Prevention $ 12,500
 
Jackson Affordable Housing Homeownership Program $ 6,000
 
Martin Luther King Center Youth Program $ 40,000
 
Partnership Park After School Program $ 5,000
 
Salvation Army Utility Shutoff Assistance $ 40,000
 
United Way 2-1-1 $ 12,000
 
Center for Family Health Adult Dental $ 15,000
 
PUBLIC SERVICE SUBTOTAL $ 130,500
 
Administration and Planning $ 216,425
 
ADMINISTRATION AND PLANNING SUBTOTAL $ 216,425
 
Community Development Code Enforcement $ 450,000
 
Community Development Residential Rehab $ 200,000
 
Dept. of Engineering Monroe St. Sidewalk $ 30,000
 
Dept. of Engineering Street Paving/ Reconstruction $ 300,000
 
Dept. of Public Services Handicap Ramps $ 20,000
 
John George Home Stairwell Project $ 50,000
 
Forestry Ash Tree Removal/Replace $ 8,000
 
OTHER PROJECTS SUBTOTAL $1,058,000
 
TOTAL REQUESTED $1,404,925
 
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to amend the motion and add $12,000 to No. 4 - Community Development Neighborhood Resource Center - for a Public Service Total of $142,500 and a Grand Total of $1,416,925. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer and Gaiser-4. Nays: Mayor Ludwig and Councilmembers Frounfelker and Polaczyk-3. Absent: 0.
 
The main motion, as amended, was then voted on and adopted by the following vote. Yeas: Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Howe-2. Absent: 0.
 
Motion was made by Councilmember F