JACKSON CITY COUNCIL MEETING
 
                                  MINUTES
 
                             SEPTEMBER 25, 2007
 
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 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, 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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
PRESENTATIONS/PROCLAMATIONS.
 
None.
 
CITIZEN COMMENTS.
 
Chief Judge of the 12th District Court Darryl Mazur introduced the newest 12th District Court Judge Michael Klaeren. Judge Klaeren shared with Councilmembers his initial impressions of the District Court since his appointment. He explained that much to his surprise the bulk of the defendants are not unemployed, but are the working poor and this presents a challenge in sentencing. Also, they are not hard-core criminals on the rise, as he expected, but are friends and neighbors who have made poor life style choices. He closed by saying he hopes by his actions and words that he will earn the confidence of all the citizens of this community.
 
Audrey Mizner, 318 S. Grinnell, addressed the Council stating that all of the residents on her block, with the exception of two (who did not vote for her initially), plan to vote for Councilmember Mead. They elected her with the expectation that she would do her job and she has met their expectations. They are not interested in her personal life and they do not want her to resign. They want her to be left alone to do the job that she was elected to do.
 
CONSENT CALENDAR.
 
Mayor Ludwig noted that Item F on the Consent Calendar was removed. Motion was made by Councilmember Mure and seconded by Councilmember Mead to approve the following Consent Calendar, 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.
 
                                                                                                        Consent Calendar ****************
 
A. Approval of the minutes of the regular City Council meeting of September 11, 2007.
 
B. Approval of the request from the Jackson High School Student Government to close Brown Street at Michigan Avenue and Wildwood from Daniel Street to Carr Street, to hold their annual Homecoming Parade on Friday, October 5, 2007, with police assistance, beginning at 6:00 p.m. (Approval recommended by the Police, Fire, and Traffic Engineering Departments. Proper insurance coverage received.)
 
C. Approval of the request from the Jackson Suicide Prevention Coalition - Lifeways, to close Michigan Avenue from First Street to Francis Street, to conduct a ‘Stomp Out Suicide” walk on Saturday, October 6, 2007, beginning at 1:00 p.m. (Approval recommended by the Police, Fire, Traffic Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)
 
D. Approval of the request of the Michigan Darfur Coalition to hold the Jackson Olympic Torch Race for Darfur on Saturday, October 6, 2007, beginning at Bucky Harris Park at 9:30 a.m. and proceeding on city streets, with police assistance. (Approval recommended by the Police, Fire, Parks/Forestry, Traffic Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)
 
E. Approval of Final Change Order No. 1, to the contract with Rothenberger Company, Inc., for final payment and decreasing the total contract amount by $269.70, for the Milwaukee Street Reconstruction and Watermain Replacement project, and authorization for the City Manager, City Engineer and Director of Public Services to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
 
F. Items pulled for further review.
 
G. Referral of composting issues to the Ordinance Review Workgroup for their consideration and discussion, in accordance with the recommendation of the City Manager (requested at the September 11, 2007, City Council meeting by Councilmember Mead).
 
H. Receipt of the City of Jackson's summary of revenue and expenditures for the two (2) months ended, August 31, 2007.
 
I. Receipt of the Community Development Department CDBG Financial Report through August 31, 2007.
 
COMMITTEE REPORTS.
 
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the report. 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.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT KATHERINE MARTIN TO THE JACKSON HOUSING COMMISSION, BEGINNING OCTOBER 31, 2007, AND ENDING OCTOBER 30, 2012.
 
Motion was made by Councilmember Mead and seconded by Councilmember Mure to approve the Mayor's 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 PASHIA MALLETT TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT, BEGINNING IMMEDIATELY, AND ENDING DECEMBER 31, 2007.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to concur with the Mayor's 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.
 
A. PUBLIC HEARING ON THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY MUNITH PRODUCTS, INC., 910 MYRTLE STREET.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION.
 
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. PUBLIC HEARING TO CONSIDER A BROWNFIELD PLAN FOR THE PROPERTY AT WELLWORTH (JACKSON DROP FORGE SUPERFUND SITE).
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. RESOLUTION ADOPTING THE BROWNFIELD PLAN.
 
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. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON THE CITY'S PERFORMANCE IN ADMINISTERING 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. AUTHORIZATION FOR THE MAYOR TO EXECUTE THE 2006-2007 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AND APPROVE THE SUBMISSION OF THE REPORT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY THE DEADLINE OF SEPTEMBER 28, 2007.
 
Motion was made by Councilmember Mure and seconded by Councilmember Greer to authorize execution and submission of the report. 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. PUBLIC HEARING TO CONSIDER THE FINAL PLAN APPROVAL OF THE ZOERMAN-CLARK BUILDING COMPONENT OF THE ARMORY ARTS VILLAGE PUDD (CITY PLANNING COMMISSION RECOMMENDS APPROVAL WITH CONDITIONS.)
 
Mayor Ludwig opened the public hearing. Amy Torres, with The Enterprise Group and representing the applicant, was present to answer questions and support the final plan. The Mayor closed the public hearing.
 
1. CONSIDERATION OF THE FINAL APPROVAL, WITH CONDITIONS, OF THE ZOERMAN-CLARK BUILDING COMPONENT OF THE ARMORY ARTS VILLAGE PUDD.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the final plan, with conditions. 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. PUBLIC HEARING ON THE REQUEST TO REZONE FROM R-4 (HIGH DENSITY APARTMENT AND OFFICE) AND C-2 (COMMUNITY COMMERCIAL) TO C-4 (GENERAL COMMERCIAL), PROPERTY LOCATED AT 1201 E. MICHIGAN AVENUE. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
 
Mayor Ludwig opened the public hearing. Hendrik Schuur, on behalf of Foote Hospital, respectfully asked the Council to approve this request. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING PROPERTY LOCATED AT 1201 E. MICHIGAN AVENUE.
 
Motion was made by Councilmember Mure and seconded by Councilmember Greer to approve the Ordinance and place it on the next Council meeting agenda for final adoption. 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 Mure thanked Foote Hospital and the developer for holding meetings and keeping the neighborhood informed.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 FISCAL YEAR BUDGET TO REFLECT RECEIPT OF THE BYRNE JUSTICE ASSISTANCE GRANT (JAG), IN THE AMOUNT OF $32,734.00.
 
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 2007.5, AMENDING CHAPTER 21.5, CITY CODE, SIGNS TO PROVIDE NEW REGULATIONS, A NON-CONFORMING USE PROCESS, ENFORCEMENT AND PENALTY PROVISIONS.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to adopt Ordinance No. 2007.5 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 Greer thanked everyone involved for their hard work on this ordinance. Councilmember Frounfelker believes it is liberal and conducive to what businesses need and gives the City control of what is put up in our community. He hopes that existing businesses will find City Staff and the Sign Board of Appeals easy to work with.
 
B. FINAL ADOPTION OF ORDINANCE 2007.6 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 100 ARMORY COURT FROM PUDD TO I-1
 
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 2007.6. 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.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF A REQUEST FROM THE COMMUNITY ACTION AGENCY (CAA) CHIEF EXECUTIVE OFFICER FOR APPROVAL OF THE PARTNERSHIP PARK GATEWAY PROJECT, LOCATED AT THE CORNER OF MECHANIC STREET AND WESLEY STREET, WITH THE DONATION OF THE PROJECT TO THE CITY FOR MAINTENANCE, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to approve the Gateway Project and receive it as a donation to the City. 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 TO PURCHASE ONE (1) 2008 GMC TC4500 CREW TRUCK, UTILIZING THE OAKLAND COUNTY CO-OPERATIVE PURCHASING CONTRACT #1493, FROM RED HOLMAN PONTIAC/GMC OF WESTLAND, MI, WITH A TOTAL PURCHASE PRICE OF $34,109.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mure 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 TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE JACKSON COUNTY HEALTH DEPARTMENT FOR THE LEAD HAZARD CONTROL PROGRAM, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
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.
 
D. CONSIDERATION OF THE REQUEST TO NOMINATE AND ELECT COUNCILMEMBER CARL L. BREEDING AS THE VOTING DELEGATE TO REPRESENT THE CITY AT THE ANNUAL NATIONAL LEAGUE OF CITIES 2007 CONFERENCE TO BE HELD IN NEW ORLEANS, LA, FROM NOVEMBER 14-17, 2007, AND APPROVAL OF NOT MORE THAN THE PROJECTED TRAVEL EXPENDITURES OF $1,857.63.
 
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, Greer, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Mure-1. Absent: 0.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO JONES & HENRY, KALAMAZOO, MI, AT THEIR NOT TO EXCEED BID PRICE OF $23,978.40, TO PERFORM ENGINEERING SERVICES FOR PIPE AND VALVE PROJECTS WITHIN THE WATER TREATMENT PLANT, 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 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.
 
CITY COUNCILMEMBERS' COMMENTS
 
Councilmember Breeding inquired if Bed Bath & Beyond located in the Jackson Crossing was charged for a false alarm by the Fire Department during the week of September 2. Fire Chief Bosell responded they were not charged, but businesses with faulty pieces of equipment are strongly encouraged by the Fire Department to have them repaired.
 
Councilmember Frounfelker encouraged First Street residents to attend a meeting on September 26 regarding parking concerns. He also announced that he will hold a Fifth Ward neighborhood meeting on Wednesday, October 24 at 7:00 p.m. in the Council Chambers. In addition, he inquired about 911 being down. Acting Police Chief Heins responded that there were some problems in Grand Rapids that affected central dispatch.
 
Councilmember Polaczyk requested an update on the deer situation. Mayor Ludwig responded that a plan is being put together and it may be taken care of in January.
 
City Manager Ross briefly discussed the request from the Robinson Neighborhood Watch Group, the parking concerns of Ms. Ojeda and the naming of the Ganson Street Park.