CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:05 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Gaiser 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 Polaczyk and seconded by Councilmember Frounfelker 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.
A) PRESENTATION BY VIC COOPERWASSER, TETRA TECH, REGARDING FEDERAL AND STATE REQUIREMENTS FOR STORM WATER MANAGEMENT AND PERMITTING, AND COMMENTS FROM GLENN CHINAVARE, DEPARTMENT OF PUBLIC SERVICES DIRECTOR.
Stephen Pennington and Victor Cooperwasser from Tetra Tech gave a presentation on storm water utilities. They explained rate methods, impervious and pervious areas, factors affecting rate method selection and the fact that there are eight operating in Michigan. They also highlighted the Bolt decision, the December, 1998 Michigan Supreme Court decision and Michigan Senate Bill #1249. Mr. Chinavare highlighted the storm water permit process.
CITIZEN COMMENTS.
John Wilson, 1045 S. Durand Street, commended Bruce Inosencio for his efforts regarding the renovation of the Hotel Hayes building and remarked that the building at 212 W. Michigan Avenue should be demolished.
Mike Sharp, Hotel Hayes Redevelopment, LLC, expressed his excitement to have an opportunity to bring the development agreement for 228 W. Michigan to a close. They intend to close as soon as possible and an anchor tenant should be made public by the first of the year.
Jim Schweikert, 2600 Lansing Avenue, stated that Northwest Refuse supports relocating the recycling center to the Goodwill Industries site.
James Tuttle, 701 Edgewood, stated that the closing of the Nomad Bookhouse is a great loss to the City.
Mary Ball, 1737 Maunta Lane, invited everyone to participate in the “Making Strides Against Breast Cancer Walk” and noted there is a slight change in the route.
Scott TenBrink, 225 N. Jackson Street, spoke in support of the Grand River ArtsWalk and asked the City and all parties involved to work together so that it can go forward.
Robert Bartkus, 1003 W. Washington Avenue, discussed a mental health court program he recently heard about. Regarding the housing aspect of this program, he believes restrictions need to be put into place and specially zoned areas considered.
Eileen Rawlins, 509 Hibbard Avenue, thanked the City for their help in the removal of the group home at 1001 W. Ganson Street.
Brad Essex, 1518 Kensington Drive, stated he would like to discuss a potential development proposal for the redevelopment of 212 W. Michigan Avenue.
Jason Kurpinski, 1401 E. Morrell Street, offered his facility as an alternative to the Goodwill Industries site for the recycling center.
Gregory Walker, 792 Bloomfield Boulevard, expressed his support for the redevelopment of 212 and 228 W. Michigan Avenue. He also stated that as tenants move in they should be taxed at the full rate for their improvements and if they get breaks, existing businesses should also get breaks.
Ted Wilson, President of the Immanuel Lutheran Church Council, explained that the electronic sign they are requesting will help them with community outreach and asked Council to consider the proposal from Mary Garcia.
Mary Garcia, 1505 W. Michigan Avenue, asked the Council to consider carving out a piece of property on the corner of Michigan and Brown Streets and rezone it so that an electronic sign could be placed there. She noted that the Church is open to other options and asked Council not to take action tonight that would hinder them.
CONSENT CALENDAR.
Councilmember Breeding requested Item A be removed for separate consideration. Councilmember Greer requested Item C be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, with Items A and C 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. Removed for separate consideration.
B. Approval of the request from the Jackson High School Student Government to close Brown Street from Michigan Avenue to Wildwood, and Wildwood from Daniel Road to Lydia Street, to hold their annual Homecoming Parade on Friday, October 17, 2008, with police assistance, beginning at 6:00 p.m. (Approval recommended by the Police, Fire, and Traffic Engineering Departments. Proper insurance coverage received.)
C. Removed for separate consideration.
D. Approval of the request from the Downtown Development Authority on behalf of St. John the Evangelist Church to hold America Needs Fatima at the Riverwalk Amphitheater on Sunday, October 12, 2008, (event 12:00 p.m. until 2:00 p.m.). (Approval recommended by the Police, Fire, Traffic Engineer, Parks & Forestry, Public Services Departments, the Amphitheater Review Committee and the Downtown Development Authority. Proper insurance coverage has been received.)
E. Approval of Traffic Control Order (TCO) Nos. 1985 and 1986, for stop sign record keeping at the intersection of Leroy and Seymour streets rescinding existing TCO No. 1534, and the intersection of Fourth and High Streets rescinding TCO Nos. #PR091 and #1147 respectively, in accordance with the recommendation of the City Engineer.
F. Receipt of the City of Jackson's summary of revenue and expenditures for one (1) month ended, August 31, 2008.
G. Receipt of the City Treasurer's quarterly report for the last two quarters ending June 30, 2008.
H. Receipt of the Dangerous Building Report through August 31, 2008.
I. Receipt of the Community Development Department CDBG Financial Summary through August 31, 2008.
J. Establishment of October 7, 2008, at the City Council meeting as the time and place to hold a public hearing on an application for an Industrial Facilities Exemption Certificate filed by Crankshaft Machine Group, 314 N. Jackson Street.
CONSENT CALENDAR ITEM A.
Approval of the minutes of the regular City Council meeting of September 9, 2008.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the minutes as presented. 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 ITEM C.
Approval of the request from the Downtown Development Authority on behalf of the American Cancer Society to hold the, “Making Strides Against Breast Cancer Walk,” at the Riverwalk Amphitheater on Saturday, October 11, 2008, (event 6:00 a.m. until 2:00 p.m.). (Approval recommended by Police, Fire, Traffic Engineering, Parks & Forestry, Public Services Departments, the Amphitheater Review Committee and the Downtown Development Authority. Proper insurance coverage has been received.)
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request with the proposed changes explained by Mary Ball during Citizen Comments. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Howe--1. Absent: 0.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT DAWN FELDPAUSCH, TO FILL A CURRENT VACANCY ON THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the Mayor's recommendation. 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 APPOINT JAMES CYPHERS TO FILL THE CURRENT VACANCY ON THE JACKSON TRANSPORTATION AUTHORITY BEGINNING IMMEDIATELY, AND ENDING MARCH 1, 2009.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to approve the Mayor's recommendation. 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. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT GREGORY SHACK TO THE JACKSON HOUSING COMMISSION FOR A FIVE-YEAR TERM BEGINNING OCTOBER 31, 2008, AND ENDING OCTOBER 30, 2013.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the Mayor's recommendation. 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 TO RECEIVE CITIZEN COMMENT ON THE CITY'S PERFORMANCE IN ADMINISTERING 2007-2008 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 TO SUBMIT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY THE DEADLINE OF SEPTEMBER 30, 2008.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to authorize submission of the CAPER to HUD. 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 THE REQUEST FROM THE CITY OF JACKSON TO VACATE A 16-FOOT WIDE ALLEY RUNNING EAST AND WEST, SITUATED SOUTH OF LOTS 1 THROUGH 12 AND NORTH OF LOTS 18 THROUGH 29, BLOCK 7, JACKSON LAND AND IMPROVEMENT COMPANY'S SUBDIVISON OF BLOCKS 2 AND 7 AND PARTS OF BLOCKS 1, 3, 4, 5, 6, 11 AND 12 OF FRANCIS STREET ADDITION. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL OF THE ALLEY VACATION.)
Mayor Ludwig opened the public hearing. City Manager Ross spoke in support of the petition. The Mayor closed the public hearing.
1. RESOLUTION APPROVING THE VACATION OF THE ALLEY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Breeding 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.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM ST. LUKE'S CLINIC 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 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.
B) CONSIDERATION OF A RESOLUTION APPROVING THE COST AGREEMENTS WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR SHARED MAINTENANCE WORK ON AN EXISTING TRAFFIC SIGNAL AT THE INTERSECTION OF M-50 (MAIN) @ M-124 (WAMPLERS LAKE) (BROOKLYN), 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 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.
C) CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A BROWNFIELD COOPERATIVE AGREEMENT WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN THE AMOUNT OF $1,000,000.00, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
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) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4167 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. E) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4168 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. F) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4169 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. G) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4170 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. H) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4171 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. I) CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 21, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4172 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolutions in Items D through I above. 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.