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 Mure requested a moment of silence be observed to reflect on the passing of Mayor Ludwig's father. He then recited a prayer in Polish and in English.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead and Andrew R. Frounfelker-6. Absent with excuse: Councilmember John R. Polaczyk-1.
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Mead and seconded by Councilmember Greer to remove Item 15.C. (preliminary allocations for fy 2007-2008 CDBG and HOME programs) from the agenda and place it on the February 27, 2007, agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the agenda, as amended above. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Leslie Torrey, 1236 S. Jackson, addressed the Council regarding an invoice for property clean up. Staff will meet with Mr. Torrey and Councilmember Breeding.
CONSENT CALENDAR.
Councilmember Breeding requested Item C be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the following Consent Calendar, with Item C removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 23, 2007.
B. Approval of the Region 2 Planning Commission invoice, in the amount of $18,217.67, for planning services from October through December 2006, in accordance with the recommendation of the City Manager.
C. Removed for separate consideration.
D. Receipt of the Dangerous Building Status Report through January 31, 2007.
E. Receipt of the resignation of John Polaczyk from the City Planning Commission, effective immediately.
F. Receipt of a petition circulated by James W. Hawley to vacate a 16-foot wide alley running east from the east line of Woodsum 128 feet and lying 300 feet south of the south line of Rockwell Street and north of Lot 90, Tinker's Addition, and referral to staff for appropriate action.
G. Receipt of the City Engineer's report for street paving on Backus Street from Hallett Street to North Street, and establishment of February 27, 2007, at the City Council meeting as the time and place to hold a public hearing of necessity for street construction.
H. Receipt of the City Engineer's report for street paving on Linwood Avenue from High Street to Rockwell Street, and establishment of February 27, 2007, at the City Council meeting as the time and place to hold a public hearing of necessity for street construction.
I. Receipt of the City Engineer's report for street paving on South Milwaukee Street from High Street to Morrell Street, and establishment of February 27, 2007, at the City Council meeting as the time and place to hold a public hearing of necessity for street construction.
J. Receipt of the City Engineer's report for street paving on Plymouth Street from Pleasant Street to Gorham Street, and establishment of February 27, 2007, at the City Council meeting as the time and place to hold a public hearing of necessity for street construction.
K. Receipt of the City Engineer's report for street paving on Whitney Street from Ganson Street to Leroy Street, and establishment of February 27, 2007, at the City Council meeting as the time and place to hold a public hearing of necessity for street construction.
L. Receipt of Summons and Complaint, Ex-Parte Motion for Temporary Restraining Order and Order to Show Cause, and Complaint for Injunctive Relief and/or Petition for Superintending Control pursuant to MCL 125.542 and MCR 3.302, filed by the Federal National Mortgage Association vs. City of Jackson regarding the order to demolish a dangerous structure at 204 E. Prospect Street and referral to the City Attorney for appropriate action.
CONSENT CALENDAR ITEM C.
Approval of 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.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to postpone action on this matter until the taxes are paid. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT AIMEE POTTS AND REVEREND DOTTIE MILLER TO THE HUMAN RELATIONS COMMISSION, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009.
Motion was made by Councilmember Mead and seconded by Councilmember Breeding to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT J. DAVID SPRIGGS TO THE HUMAN RELATIONS COMMISSION, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2008.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT FREDERICK DAVIES TO THE INCOME TAX BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING IMMEDIATELY AND ENDING JANUARY 31, 2009.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to concur with the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
Councilmember Breeding remarked on the discrepancy between the length of the term and the ending date.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Greer and seconded by Councilmember Mead 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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3334 FOR STREET CONSTRUCTION ON ELM AVENUE FROM HOMEWILD TO NORTH STREET.
Mayor Ludwig opened the public hearing. Mike Breslin spoke on behalf of Ken and Crystal Molica, 510 N. Elm, objecting to their special assessment and reporting problems with a gas line. Sandy Walker, 519 N. Elm, spoke in objection to her special assessment and also noted gas line problems. The Clerk reported on correspondence received from Laura Wright, 551 N. Elm, objecting to the special assessment roll, the manner of levying the assessments and her resulting special assessment. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3334.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to postpone consideration of the resolution until the February 27, 2007, City Council meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3335 FOR STREET CONSTRUCTION ON GANSON STREET FROM ELM AVENUE TO ORANGE 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. 3335.
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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3336 FOR STREET CONSTRUCTION ON WISNER STREET FROM NORTH STREET TO ARGYLE STREET.
Mayor Ludwig opened the public hearing. No one spoke. The Clerk reported on correspondence received from Jackson Properties, LLC, owners of the Joann Fabric Shopping Plaza, objecting to their assessments. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3336.
Motion was made by Councilmember Mead 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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3337 FOR STREET CONSTRUCTION ON MILWAUKEE STREET FROM EUCLID STREET TO HIGH 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. 3337.
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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3338 FOR STREET CONSTRUCTION ON NORFOLK STREET FROM WISNER STREET TO BOWEN 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. 3338.
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
F. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3339 FOR STREET CONSTRUCTION ON UNION STREET FROM WEST AVENUE TO SIXTH STREET.
Mayor Ludwig opened the public hearing. No one spoke. The Clerk reported on correspondence received from Brady Cook, 738 Union, objecting to his assessment. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3339.
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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
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, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
PUBLIC HEARINGS.
A. PUBLIC HEARING TO CONSIDER A BROWNFIELD PLAN FOR THE PROPERTY LOCATED AT 147 AND 155 HOBART STREET (DIE-NAMIC TOOL AND DESIGN, INC.).
Mayor Ludwig opened the public hearing. The applicant was present; no one spoke. Mayor Ludwig 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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NO. 95-775 GRANTED TO EXCEL MACHINING, INC., 414 N. JACKSON STREET, 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 Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker -6. Nays: 0. Absent: Councilmember Polaczyk-1.
B. CONSIDERATION OF A RESOLUTION RECOMMENDING THE REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE (IFEC) NOS. 97-189, 98-167, 98-295, AND 2000-032 GRANTED TO CUTTING EDGE MACHINING & TOOL, INC., 414 N. JACKSON STREET, AND FOR THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THE RESOLUTION TO THE STATE TAX COMMISSION.
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 and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
C. CONSIDERATION OF A RESOLUTION AMENDING THE STANDARD STREETLIGHTING CONTRACT BETWEEN THE CITY AND CONSUMERS ENERGY ADDING FIFTEEN (15) STREET LIGHTS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Mure and seconded by Councilmember Ludwig to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET, WITH A TOTAL AMOUNT OF $20,926.00, FOR REALLOCATION OF REMAINING BALANCES FROM CERTAIN PRIOR FISCAL YEARS, 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, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE AN EXTENSION OF THE MATERIALS TESTING CONTRACT WITH CTI AND ASSOCIATES, INC., BRIGHTON, MICHIGAN, WITH A STANDARD SERVICE AGREEMENT AT AN APPROXIMATE COST OF $91,500.00, FOR MATERIALS TESTING THROUGH THE 2007 CONSTRUCTION SEASON, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to approve the extension at a cost not-to-exceed $91,500.00. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE FOLLOWING BID AWARDS FOR OWNER OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE BID REVIEW COMMITTEE AND COMMUNITY DEVELOPMENT DIRECTOR:
1. CORNER STONE CONSTRUCTION, IN THE AMOUNT OF $44,410.00, FOR THE PROPERTY LOCATED AT 406 N. PLEASANT STREET.
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the bid award. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
2. MAJOR CONSTRUCTION, IN THE AMOUNT OF $19,483.00, FOR THE PROPERTY LOCATED AT 558 N. PLEASANT STREET.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the bid award. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
Councilmember Mead requested a status report showing who has been approved for the rehabilitation projects.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PRELIMINARY ALLOCATION FOR FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS.
At the time the agenda was adopted, this matter was postponed until the February 27, 2007, City Council meeting.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Breeding remarked on Proposal No. 2 which appeared on the November 7, 2006, general election ballot. This proposal was to amend the state constitution to ban affirmative action programs. He noted that there were more “no” votes than “yes” votes in the City of Jackson, indicating the City's concern with diversity.
He also asked what action needs to be taken to get something done with the dirt pile at the corner of Cooper and North Streets. A motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to have the City Affairs Committee meet, after the City Manager's meeting with Mr. Deary, to discuss this matter. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Councilmember Polaczyk-1.
Councilmember Breeding also inquired about the status with AVI Systems, Inc. for the audio/visual system in the Council Chambers. The City Manager provided an update.
Councilmember Mure announced a Neighborhood Watch meeting for the Loomis Park area tentatively set for February 26. He also sent happy birthday wishes to Patty Taylor (age 70) and Polka Joe Pancerz (age 80), both members of the PLAV.
Councilmember Frounfelker reported on a phone call he received from a resident of Wilkins Street complaining about trash accumulation at 332-334 and asked if someone could look into this matter.
The City Manager reported he has been appointed to the Mic