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FEBRUARY 27, 2007

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 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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
SELECTION OF VICE MAYOR.
 
Councilmember Greer nominated Councilmember Frounfelker to serve as Vice Mayor through December 4, 2007. Councilmember Breeding nominated Councilmember Mure. The Council voted as follows:
 
Mayor Ludwig voted for Councilmember Frounfelker
 
Councilmember Breeding voted for Councilmember Mure
 
Councilmember Mure voted for Councilmember Mure
 
Councilmember Greer voted for Councilmember Frounfelker
 
Councilmember Mead voted for Councilmember Mure
 
Councilmember Frounfelker vote for Councilmember Frounfelker
 
Councilmember Polaczyk voted for Councilmember Mure
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to elect Councilmember Mure to serve as Vice Mayor. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Greer-1. Absent: 0.
 
AGENDA.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding 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.
 
Jill Larder, Field Representative for Congressman Tim Walberg, introduced herself to the Council and the audience.
 
Michael S. Sessions, Mayor of Hillsdale, addressed the Council in support of Jackson's Youth Council.
 
Steve Mather, 5888 Rickfield, stated he was available for questions and/or discussion regarding the approval of the Grand River Memorial Park application for John Russell Fowler.
 
Pamela Uhl, 512 N. Elm (and on behalf of the Gentrys), and William Decoste, 543 N. Elm, discussed the street reconstruction on Elm Avenue from Homewild to North, commenting on gas line problems, damaged lawns and disagreeing with the 6% interest charge if installment payments are made.
 
CONSENT CALENDAR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure 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 February 13, 2007.
 
B. Approval of the request from the Jackson branch of the American Association of University Women (AAUW) to hold their 7th annual “Eleanor Roosevelt Walk/Run” on Saturday, May 5, 2007, from 9:00 a.m. until 10:30 a.m. (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 Grand River Memorial Park application for John Russell Fowler, in accordance with the recommendation of the Downtown Development Authority and the Midtown Association.
 
D. Approval of Change Order No. 1 to the contract with McDonald Roofing, Inc. reducing the contract price in the amount of $18,508.46, for the re-roofing of the pump station at the Water Treatment Plant, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
 
E. Approval of the request from CR Land Wisner St., LLC, to split property located at 1345 N. Wisner Street, in accordance with the recommendation of the City Assessor.
 
F. Approval of an administrative amendment to Section V-2, Occupational List of Class Titles, Subsection E, of the Personnel Policy to reflect the upgrade of the Park and Facilities Supervisor position, which will be re-titled Sharp Park Maintenance Supervisor, Class Grade 10, in accordance with the recommendation of the Director of Personnel and Labor Relations.
 
G. Receipt of the Community Development Block Grant (CDBG) Financial Report through January 2007.
 
H. Receipt of the City of Jackson's summary of revenue and expenditures for the seven (7) months ended January 31, 2007.
 
I. Receipt of the City Clerk's memorandum regarding Public Act 501 of 2006, Redevelopment Liquor Licenses, and referral to the City Affairs Committee and the Downtown Development Authority for their recommendations.
 
Councilmember Breeding remarked that he would like to see the procedure for applications for the Grand River Memorial Park reconsidered, so that the Council is not required to approve an application, but just receive notification of a selection.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT NICHOLAS J. LEFEVRE TO THE CITY PLANNING COMMISSION, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2007.
 
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to approve the 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.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
A. CONSIDERATION OF A RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3334 FOR CONSTRUCTION ON ELM AVENUE FROM HOMEWILD TO NORTH STREET. (ACTION ON ITEM POSTPONED AT THE FEBRUARY 13, 2007, CITY COUNCIL MEETING.)
 
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.
 
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Mead 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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON BACKUS STREET FROM HALLETT STREET TO NORTH STREET.
 
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Mead 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.
 
B. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON LINWOOD AVENUE FROM HIGH STREET TO ROCKWELL STREET.
 
Mayor Ludwig opened the public hearing. William Hicks, 1214 Linwood, addressed the Council stating his assessment is very high. He asked the Council to consider repairing the street instead of reconstructing it. Russell Foor, 1104 Linwood, spoke in opposition to his assessment and the 6% interest charge. Todd Hamilton, 1206 Linwood, objects to paying an assessment because he believes street damage was caused by water line repairs and fallen trees. Tina Jennings, 1207 Linwood, spoke in agreement with what her neighbors said and would like the Council to reconsider the construction. No correspondence was received. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to postpone consideration of the resolution until the March 13, 2007, Council meeting and request staff to reevaluate the project. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: Councilmember Greer-1. Absent: 0.
 
C. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON SOUTH 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 ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
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.
 
D. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON PLYMOUTH STREET FROM PLEASANT STREET TO GORHAM STREET.
 
Mayor Ludwig opened the public hearing. Cindy Harding, 1900 Plymouth, questioned why residents have to pay for reconstruction of the street that was damaged by Consumers Energy and the Water Department. Debbie Klavon, 1908 Plymouth, discussed that for over two years the street has been torn up by Consumers Energy and the City's Water Department and she feels the road was not in bad condition before that. The Clerk noted correspondence from Robert Wight, owner of property located at 1811 Plymouth, objecting to his assessment. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
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 Greer, Mead, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
 
E. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON WHITNEY STREET FROM GANSON STREET TO LEROY STREET.
 
Mayor Ludwig opened the public hearing. Beverly Sachar, whose father owns property at 726 Whitney, explained to the Council that she believes the street has been damaged by school buses. Jason Mascia, 735 Whitney, asked what the start and ending dates of construction are and if utilities will be damaged. He also reported that he has an area of sidewalk that is raised. Richard Foote, 509 Leroy, acknowledged that the road needs to be repaved, but expressed concern with the amount of his assessment. David Hull, 723 Whitney, believes damage was caused to Whitney because of the detour for the Ganson/Cooper redesign. No correspondence was received; the Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Mead 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.
 
Mayor Ludwig called a recess at 8:04 p.m. The Council reconvened at 8:10 p.m.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), WITH AN ESTIMATED CONTRACT AMOUNT OF $584,500.00 (CITY'S SHARE IS $230,200.00), FOR THE RECONSTRUCTION OF CLINTON ROAD BETWEEN LANSING AVENUE AND ADAMS STREET, 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 Polaczyk and seconded by Councilmember Mure 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 RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NOS. 97-466, 99-204, AND 2000-128 GRANTED TO TRW (KELSEY-HAYES COMPANY), 1600 WILDWOOD AVENUE, AND FOR THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THE RESOLUTION TO THE STATE TAX COMMISSION.
 
Motion was made by Councilmember Mead 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 FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM THE CRAZY COWBOY, LLC, TO TRANSFER ALL INTEREST IN 2006 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT LOCATED AT 215-217 S. MECHANIC STREET, JACKSON, MI 49201, THRU TRANSFER OF 100% MEMBERSHIP INTEREST FROM EXISTING MEMBER, JOE S. WIGINTON, TO NEW MEMBER KIMBERLY R. GAMEZ.
 
Motion was made by Councilmember Frounfelker 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.
 
D. CONSIDERATION OF A RESOLUTION RECOGNIZING THE JACKSON CHILD CARE CENTER, 201 S. JACKSON STREET, AS A NON-PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE.
 
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.
 
ORDINANCES.
 
None.
 
OTHER BUSINESS.
 
A. CONSIDERATION TO APPROVE THE REQUEST FROM ROPA INVESTMENT COMPANY, LLC, TO SPLIT PROPERTY LOCATED AT 1706 S. COOPER STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ASSESSOR. (ACTION ON ITEM POSTPONED AT THE FEBRUARY 13, 2007, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Breeding 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.
 
B. PRELIMINARY ALLOCATION FOR FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS. (ACTION ON ITEM POSTPONED AT THE FEBRUARY 13, 2007, CITY COUNCIL MEETING.)
 
Councilmember Frounfelker read the following proposed allocations:
 
Public Services
 
American Red Cross $ 3,000
 
Big Brothers Big Sisters $ 2,500
 
Center for Family Health (Adult Dental) $ 25,000
 
Center for Women -0-
 
Child Care Network -0-
 
CD (Neighborhood Resource Center) $ 15,000
 
CAA (Fair Housing) -0-
 
Partnership Park Neighborhood Assoc. $ 5,000
 
Family Services & Children's Aid $ 2,500
 
Fitness Council of Jackson -0-
 
Florence Crittenton (Male Transition Program) $ 4,788
 
Florence Crittenton (Reporting Center for Youth) $ 5,400
 
H.A.P.E. $ -0-
 
HRC (Cool City Youth Council) $ 5,000
 
JAHC (Homeowner Training) $ 1,500
 
JAHC (Foreclosure Prevention) $ 27,700
 
Jackson School of the Arts $ -0-
 
JTA (Passenger Assistance) $ -0-
 
Legal Services of Southern Michigan $ 1,500
 
Salvation Army (Heating Assistance)