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MAY 27, 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 7:00 p.m. by Mayor Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Howe 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 Greer and seconded by Councilmember Polaczyk 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.
 
None.
 
CITIZEN COMMENTS.
 
Kathleen Conley introduced herself as the new Chair of the HRC and announced what a great job Frank Weathers is doing.
 
Bruce Inosencio, Intellitower, LLC, requested a one-year extension of the development agreement for 212 W. Michigan Avenue and stated that Intellitower, LLC stands ready, in the event that the extension request is granted, to provide the City of Jackson with a $6,000 check for the commissioning of the elevators at the former Consumers building.
 
Kevin Thomson, on behalf of South Fifty Development, LLC/Full Spectrum Solutions, requested Council extend the completion date for development, agree to financing by Comerica Bank and waive and/or subordinate the City's right to repurchase the property.
 
Elder Charles Mitchell, New Greater Bethlehem Temple Church, thanked City staff for their endeavors in assisting the Church. He asked the Council for information and assistance because of the many obstacles facing them during the remodel/rehab of the Church building.
 
CONSENT CALENDAR.

 
Councilmember Frounfelker requested Item C be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of May 13, 2008.
 
B. Approval of the miscellaneous City license renewals for the year May 1, 2008, through April 30, 2009, in accordance with the recommendation of the City Clerk.
 
C. Removed for separate consideration.
 
D. Approval of the request from Calvary Apostolic Church to hold a Crusade in the Park at Loomis Park on Sunday, June 8, 2008, beginning at 12:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Insurance coverage received and approved.)
 
E. Approval of the request from Jennifer Lenon and Phillip Maurer to hold a wedding ceremony in Bucky Harris Park on Saturday, July 19, 2008, beginning at 9:00 p.m. and reserve 10 parking spaces. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
 
F. Approval of the request from the Jackson County Democratic Committee to hold a Democratic Rally at Bucky Harris and Blackman Parks, and close N. Jackson Street from Michigan Avenue to Pearl Street, Saturday, July 26, 2008, beginning at 12:00 p.m., noon. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
 
G. Approval of the request from Apostolic Outreach Center to hold “Winds of Fire ‘08” in Bucky Harris and Blackman Parks on Saturday, August 23, 2008, beginning at 4:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, Parks/Forestry Departments and the Downtown Development Authority. Current insurance coverage received and approved. Contingent upon receipt of insurance renewal.)
 
H. Approval of the request from the Downtown Development Authority to hold the Bud Light Concert Series at the Riverwalk Amphitheater on Friday, June 13th, June 20th, July 11th, and August 15, 2008, from 4:30 p.m. until 8:00 p.m. (event 6:00 p.m. until 8:00 p.m.). (Approval recommended by the Police, Fire, Traffic Engineering, Forestry/Parks, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Proper insurance coverage received.)
 
I. Approval of the request from American 1 Federal Credit Union to hold the American 1 Teen Idol Competition at the Riverwalk Amphitheater on Friday, July 18, 2008, from 12:00 p.m. until 9:00 p.m. (event 6:00 p.m. until 9:00 p.m.). (Approval recommended by the Fire, Police, Traffic Engineering, Forestry/Parks, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Insurance coverage received and approved.)
 
J. Approval of the request from American 1 Federal Credit Union to hold American 1 Movie in the Park Series at the Riverwalk Amphitheater on Friday, June 27th, July 25th, and August 22, 2008, from 12:00 p.m. until 11:30 p.m. (event dark until 11:30 p.m.). Approval recommended by the Fire, Forestry/Parks, Traffic Engineering, Police, and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Insurance coverage received and approved.)
 
K. Approval of the request from the Grand River Environmental Action Team (G.R.E.A.T.) to hold their Annual Grand River Clean-up at the Riverwalk Amphitheater on Saturday, September 13, 2008, from 7:30 a.m. until 3:00 p.m. (event 9:00 a.m. until 2:00 p.m.) (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments, the Amphitheater Review Committee and the Downtown Development Authority. Insurance coverage has been received and approved.)
 
L. Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Wastewater Treatment Plant for fiscal year 2008-2009, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
 
M. Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Water Treatment Plant for fiscal year 2008-2009, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
 
N. Approval of Traffic Control Order (TCO) No. 1979, for the installation of an Autistic Child sign on Cascade Drive between Creglow Drive and Morningstar Drive, in accordance with the recommendation of the City Engineer.
 
O. Approval of Traffic Control Order (TCO) No. 1980, for installation of an Autistic Child sign on Laurel Lane between High Street and Barberry Drive.
 
P. Approval of Traffic Control Order (TCO) No. 1981, for installation of an Autistic Child sign on Heather Lane between High Street and Barberry Drive.
 
Q. Approval of the request for a new contract award to E. F. Potter, for the owner-occupied rehabilitation project at 1506 E. North, in the amount of $28,243.00, in accordance with the recommendation of the Community Development Director.
 
R. Approval of the request to approve two change orders to the contract with AT-A-Moments-Notice, in the amount of $2,150.00 ($1,400.00 and $750.00, respectively) for a new total contract price of $23,170.00, for rehabilitation work at 822 N. Waterloo, in accordance with the recommendation of the Community Development Director.
 
S. Consideration of the request from The Crazy Cowboy, LLC, for authorization for temporary added space on June 6, 7, 8, 13, 14, 15, July 25, 26, 27 and August 15, 16, and 17, 2008, for a series of events. (Contingent upon receipt of proper insurance coverage.)
 
T. Referral of an application to the City Planning Commission from Stephan J. Jepson to rezone property located at 1617 N. West Avenue from R-4 to C-4.
 
U. Receipt of the City of Jackson's summary of revenue and expenditures for the ten (10) months ended April 30, 2008.
 
V. Receipt of the City Engineer's report for street construction on Wildwood Avenue from Daniel to West Avenue, and establishment of June 10, 2008, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
W. Receipt of the Community Development Department CDBG Financial Summary through April 30, 2008.
 
X. Establishment of June 10, 2008, at the City Council meeting as the time and place to hold a public hearing on the application filed by Production Engineering to be located at 2400 Enterprise Road for an exemption of personal property issued under P.A. 328 of 1998.
 
CONSENT CALENDAR ITEM C.
 
Approval of the request from The Michigan Theatre to close Municipal Lot No. 14 and the adjacent north/south alley beginning at 2:00 p.m. on Friday, June 6, through midnight, June 7; 2:00 p.m. on Friday, June 27 through midnight; 2:00 p.m., Friday, July 25 through midnight; 2:00 p.m., Friday, August 22 through 9:00 a.m., Saturday, August 23; and 2:00 p.m., Friday, September 26 through midnight, for a series of fundraiser events. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services Departments and the Downtown Development Authority. Insurance coverage received and approved.)
 
After confirming that there was not a conflict with the use of Lot No. 14, a 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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
 A) PUBLIC HEARING ON A GRANT APPLICATION SUBMITTED BY THE JACKSON     BROWNFIELD REDEVELOPMENT AUTHORITY TO THE U.S. ENVIRONMENTAL PROTECTION     AGENCY (US EPA) FOR A REVOLVING LOAN FUND GRANT (ONE MILLION DOLLARS) TO                     BE INCORPORATED IN THE GRANT WORK PLAN.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
RESOLUTIONS.
 
 A) CONSIDERATION OF A RESOLUTION AUTHORIZING ANDREA JACKSON'S DAUGHTERS     TEARIA BAILEY AND GAYLYNN BAILEY TO SELL COLD DRINKS IN THE CENTRAL        BUSINESS DISTRICT, BEGINNING JUNE 16, 2008, THROUGH JULY 25, 2008.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to waive the requirement for a bond. 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 ESTABLISHING JUNE 24, 2008, AT THE CITY     COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON     SPECIAL ASSESSMENT ROLL NO. 4162 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.  C) CONSIDERATION OF A RESOLUTION ESTABLISHING JUNE 24, 2008, AT THE CITY     COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON     SPECIAL ASSESSMENT ROLL NO. 4163 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.  D) CONSIDERATION OF A RESOLUTION ESTABLISHING JUNE 24, 2008, AT THE CITY     COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON     SPECIAL ASSESSMENT ROLL NO. 4164 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.  E) CONSIDERATION OF A RESOLUTION ESTABLISHING JUNE 24, 2008, AT THE CITY     COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON     SPECIAL ASSESSMENT ROLL NO. 4165 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.  F) CONSIDERATION OF A RESOLUTION ESTABLISHING JUNE 24, 2008, AT THE CITY     COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON     SPECIAL ASSESSMENT ROLL NO. 4166 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.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser to adopt the resolutions in Items B,C,D,E and F 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.
 
 G) CONSIDERATION OF A RESOLUTION TO ENTER INTO A COST-PARTICIPATION     CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION IN AN ESTIMATED     TOTAL AMOUNT OF $709,100.00 (CITY ESTIMATED COST $241,100.00), FOR     STREET RECONSTRUCTION OF FIRST STREET BETWEEN GREENWOOD AVENUE AND     MORRELL INCLUDING FULL DEPTH PAVEMENT AND CURB AND GUTTER REPLACEMENT,     THE REALIGNMENT OF THE INTERSECTION AT GREENWOOD AND MCNEAL, AND WATER     MAIN UPGRADES AND SANITARY SEWER REPAIRS AT VARIOUS LOCATIONS, 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 Frounfelker 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.
 
 H) FORMAL ACTION REGARDING THE PROPOSED FISCAL YEAR 2008-2009 ANNUAL     BUDGET:      1) RESOLUTION ADOPTING THE FISCAL YEAR 2008-2009 ANNUAL BUDGET         PROVIDING APPROPRIATIONS FOR VARIOUS FUNDS (EXCEPT FOR THE CDBG         FUNDS WHICH ARE ADOPTED SEPARATELY), AMENDING THE CURRENT FISCAL         YEAR 2007-2008 BUDGET TO THOSE AMOUNTS PROJECTED, AND ORDERING A TAX         LEVY.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the budget as presented. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser-1. Absent: 0.
 
 I) CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE DOWNTOWN DEVELOPMENT                                    AUTHORITY:      1) ADOPTION OF A RESOLUTION ORDERING A LEVY OF 1.9996 MILLS IN THE                            DOWNTOWN DEVELOPMENT DISTRICT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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.
 
     2) APPROVAL OF THE FISCAL YEAR 2008-2009 DDA OPERATIONS AND TIF                                       BUDGETS.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the operations and TIF budgets. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: Councilmember Frounfelker--1. Absent: 0.
 
ORDINANCES.
 
 A) FINAL ADOPTION OF ORDINANCE NO. 2008.5, AMENDING VARIOUS SECTIONS OF     CHAPTER 2, ARTICLE VI, CITY CODE, TO PROVIDE FOR A TRIAL DEFERRED     RETIREMENT OPTION PROGRAM (DROP) UNDER THE GENERAL EMPLOYEE RETIREMENT                                     SYSTEM.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2008.5. 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) FINAL ADOPTION OF ORDINANCE NO. 2008.6, ADDING SECTION 2-513.2, CHAPTER     2, ARTICLE VI, CITY CODE, TO PROVIDE FOR ANNUITY WITHDRAWAL OPTIONS.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2008.6. 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) FINAL ADOPTION OF ORDINANCE NO. 2008.7, AMENDING SECTION 21.5-26.1,     CHAPTER 21.5, CITY CODE, REVISING THE NONCONFORMING SIGN PERMIT     REQUIREMENTS TO ELIMINATE THE BUSINESS OWNER RESPONSIBILITY TO FILE FOR                              NONCONFORMING PERMITS.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt Ordinance No. 2008.7. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding--1. Absent: 0.
 
 D) FINAL ADOPTION OF ORDINANCE NO. 475, ESTABLISHING COMPENSATION RATES FOR         ADMINISTRATIVE AND SUPRVISORY EMPLOYEES OF THE CITY OF JACKSON.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt Ordinance No. 475. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser--1. Absent: 0.
 
 E) FINAL ADOPTION OF ORDINANCE NO. 476, ESTABLISHING COMPENSATION RATES FOR                                THE CITY ASSESSOR.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt Ordinance No. 476. 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.
 
 F) FINAL ADOPTION OF ORDINANCE NO. 477, ESTABLISHING COMPENSATION RATES FOR                THE POLICE DEPARTMENT COMMUNITY SERVICE OFFICERS.
 
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 477. 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.
 
 G) FINAL ADOPTION OF ORDINANCE NO. 478, ESTABLISHING COMPENSATION RATES FOR                  THE POLICE DEPARTMENT SCHOOL CROSSING GUARDS.
 
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt Ordinance No. 478. 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.