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NOVEMBER 18, 2008

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 7:02 p.m. by Mayor Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Greer gave the invocation.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Robert B. Howe-1.
 
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to delete Item 12. A. (Consideration of an ordinance amending Chapter 24, Article III, City Code, providing Blair Park 2005 Limited Dividend Housing Association LLC, be granted Tax Exempt status subject to a Payment in Lieu of Taxes PILOT.) from the agenda. The motion FAILED adoption by the following vote. Yeas: Councilmembers Breeding and Gaiser-2. Nays: Mayor Ludwig and Councilmembers Greer, Frounfelker and Polaczyk-4. Absent: Councilmember Howe-1.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Howe-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. PRESENTATION BY JON DOWLING, CITY ENGINEER, AND STEVE DUKE, REGION 2 TRANSPORTATION PLANNER, REGARDING FEDERAL AID PROJECTS.
 
Region 2 Transportation Planner Steve Duke provided background on federal aid project procedures, explaining the role of the Jackson Area Comprehensive Transportation Study Committee. Their goal is to maintain and improve the transportation network for the citizens of Jackson County. The objective each year is to complete projects using all state and federal funds available to the Jackson area.
 
City Engineer Jon Dowling listed federal aid projects for the remaining portion of the FY 2008-2011 Transportation Improvement Plan and explained the process for putting together the funding for these projects. He asked Council if they wished to continue spending as they have been on major and local streets or is there to be a shift with more spending going to local streets.
 
Motion was made by Mayor Ludwig and seconded by Councilmember Greer to continue on the present course with all federal and/or state assisted projects and to direct staff to re-focus on streets with what monies are left over and to develop different strategies as far as the paving/repair of local streets. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
CITIZEN COMMENTS.
 
Jeffrey Supowit, American Community Developers, spoke in support of the Ordinance providing a PILOT for the Blair Park 2005 Limited Dividend Housing Association.
 
Ric Walton, Chairman of The Enterprise Group, encouraged the City Council to support funding for the Enterprise Group.
 
Ronnie Coleman, Consumers Energy, also encouraged the City Council to support funding for the Enterprise Group. He also discussed two scheduled power outages in the downtown area, distributing a listing of addresses that will be affected.
 
Karen Dunigan, 1808 Broadcrest, asked the Council to fill the position of zoning officer to help the Zoning Board of Appeals/Sign Ordinance Board do its job. She also spoke in support of funding for the Enterprise Group.
 
Scott TenBrink, 225 N. Jackson; Kenny and Betty Price, 416 Bates, and Chris Gorton, 634 N. Mechanic, all spoke in support of the Grand River ArtWalk project.
 
Verla Custer, 814 Second, addressed the Council explaining the many services of the organization Love in the Name of Christ (Love, Inc.).
 
Thomas Ratchford, 615 N. East, urged the City to develop a program that teaches safety to bicyclists, walkers, skateboarders and drivers.
 
Kathleen Conley, 714 Elmwood, spoke in support of appointment and reappointments to the Human Relations Commission.
 
Randy Baker, 184 Cannes, and Margaret and Mark Riggle, 634 N. Mechanic, requested better lighting and smoother pavement on Mechanic Street north of Ganson.
 
CONSENT CALENDAR.
 
Councilmember Frounfelker requested Item J be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Item J removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of October 21, 2008.
 
B. Approval of the request from the Kiwanis Club of Jackson to hold their 90th annual newspaper sale on City streets on Friday, December 12, 2008.
 
C. Approval of the request from the Downtown Jackson Christmas Parade Committee to hold the Christmas Parade on Friday, November 21, 2008, and to close the following streets from 4:45 p.m. until 8:00 p.m.:
 
Michigan Avenue from Steward Avenue to Louis Glick Highway
 
First Street from Washington Avenue to Wildwood Avenue
 
Wildwood Avenue from Michigan Avenue to Louis Glick Highway
 
Cortland Street from First Street to Francis Street
 
Blackstone Street from Washington Avenue to Pearl Street
 
Jackson Street from Washington Avenue to Pearl Street
 
Mechanic Street from Washington Avenue to Pearl Street
 
Francis Street from Washington Avenue to Michigan Avenue
 
Hayes Street from Michigan Avenue to Pearl Street
 
(Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, Parks/Forestry Departments, and the Downtown Development Authority.)
 
D. Approval of the request to extend support for the funding of the City Employee Christmas Luncheon, in accordance with the recommendation of the Purchasing Agent.
 
E. Approval of the lease agreement between the City and Jackson Affordable Housing Corporation (JAHC) for a one-year period, with two one-year renewals, commencing on December 1, 2008, through November 30, 2009, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the City Attorney and the Purchasing Agent.
 
F. Approval of the low bid award to Wonsey Tree Services, Inc., Alma, at their lump sum bid price of $18,790.00 for the CDBG Ash Tree Removal Project, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the Purchasing Agent and the Superintendent of Cemeteries, Forestry, and Parks.
 
G. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $7,827.55, for planning services for the month of October 2008, in accordance with the recommendation of the City Manager.
 
H. Approval of Final Change Order No. 1 to the contract with Utility Services Authority, LLC, in the decreased amount of $1,031.60, for the Michigan Avenue Sewer Rehabilitation (2008) project, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
 
I. Referral of an application to the City Planning Commission from Orthopaedic Rehab Specialists, PC to rezone property located at 206 and 216 Page Avenue from R-4 to C-2.
 
J. Removed for separate consideration.
 
K. Receipt of the Community Development Block Grant (CDBG) financial report through September 2008.
 
L. Establishment of Community Development public hearings and approval of the timetable for the 2008-2009 Community Development Block Grant (CDBG) and HOME application process.
 
CONSENT CALENDAR ITEM J.
 
Receipt of the Dangerous Building Report through October 31, 2008.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT RYAN DOLL TO FILL A VACANCY ON THE CITY PLANNING COMMISSION BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2010.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to ratify the appointment. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT PAUL A. MCWALTERS TO THE BUILDING CODE BOARD OF APPEALS FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY, AND ENDING OCTOBER 13, 2011.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Howe-1.
 
C. APPROVAL OF THE MAYOR'S RECOMMENDATIONS TO APPOINT PASHIA MALLETT TO THE HUMAN RELATIONS COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009, AND TO REAPPOINT ALICE J. LEWIS AND KATHLEEN M. CONLEY TO THE HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to confirm the appointment and reappointments. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
PUBLIC HEARINGS.
 
None.
 
RESOLUTIONS.

 
A. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM THE JACKSON NONPROFIT SUPPORT CENTER, 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 Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
B. CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM JACKSON SCHOOL OF THE ARTS, 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 Greer and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2008-2009 DRUG LAW ENFORCEMENT BUDGET REFLECTING THE RECEIPT OF THE 2008-2009 JNET CONSPIRACY CONTINUATION PROJECT GRANT, IN THE AMOUNT OF $24,428.00 AND A LOCAL MATCH OF $24,428.00.
 
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, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
ORDINANCES.
 
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 24, ARTICLE III, CITY CODE, PROVIDING BLAIR PARK 2005 LIMITED DIVIDEND HOUSING ASSOCIATION LLC, BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES (PILOT).
 
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular City Council meeting agenda for adoption. The motion FAILED adoption by the following vote. Yeas: Councilmembers Greer and Polaczyk-2. Nays: Mayor Ludwig and Councilmembers Breeding, Gaiser and Frounfelker--4. Absent: Councilmember Howe-1.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO FITZGIBBONS FLEET FABRICATORS, IN THE AMOUNT OF $24,525.00, FOR MODIFICATIONS TO A RECENTLY PURCHASED 2009 INTERNATIONAL TRUCK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
 
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, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO TRI-COUNTY INTERNATIONAL TRUCKS, IN THE AMOUNT OF $64,539.96, FOR THE PURCHASE OF A 2009 INTERNATIONAL 5-YARD CAB AND CHASSIS TRUCK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
 
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, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $33,655.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 1705 FIRST STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
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, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO HARRISON BUILDERS, LLC, IN THE AMOUNT OF $31,495.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 1012 THIRD STREET, 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, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO AT-A-MOMENTS-NOTICE, IN THE AMOUNT OF $21,265.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 210 N. GORHAM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
F. CONSIDERATION OF THE REQUEST TO APPROVE THE PROPOSED AMENDMENT, ARTICLE XVII, TO THE LOCAL DEVELOPMENT FINANCING AUTHORITY (LDFA) BYLAWS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE JBRA BOARD AND THE COMMUNITY DEVELOPMENT DIRECTOR.
 
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 Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Howe-1.
 
G. CONSIDERATION OF THE REQUEST TO APPROVE THE PROPOSED AMENDMENT, ARTICLE XVII, TO THE JACKSON BROWNFIELD REDEVELOPMENT FINANCING AUTHORITY (JBRA) BYLAWS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE JBRA BOARD AND THE COMMUNITY DEVELOPMENT DIRECTOR.
 
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 Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Howe-1.
 
H. CONSIDERATION OF AN APPLICATION TO THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR A PHASE 2 STUDY REGARDING THE PROPOSED INTERMODAL TRANSPORTATION CENTER.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to grant permission to the City Manager to forward a letter to MDOT requesting $50,000 to complete the study on the reuse of the train station. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Howe-1.
 
I. CONSIDERATION OF FUNDING TO THE ENTERPRISE GROUP FOR ECONOMIC DEVELOPMENT IN THE CITY OF JACKSON.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the funding to the Enterprise Group.
 
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to amend the motion that the initial payment of $50,000 be divided between the utility funds and if and when the next $50,000 is going to be paid, give Council a better explanation of where the funds are coming from before they are paid. The amendment was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Howe-1.
 
The main motion, as amended, was voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Gaiser, Frounfelker and Polaczyk