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 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.
Mayor Ludwig noted the addition of City Council recommendations to the Charter Review Committee. Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to adopt the agenda, as amended. 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.
PRESENTATIONS/PROCLAMATIONS.
A) KATHLEEN CONLEY, HUMAN RELATIONS COMMISSION CHAIR, WILL GIVE AN UPDATE REGARDING HUMAN RELATIONS COMMISSION ACTIVITIES.
Ms. Conley reported on the following upcoming HRC activities. The Youth Council will meet on June 28 from 1:00 until 3:00 p.m. in the Council Chambers. The Human Relations Commission will meet on July 16 in the Council Chambers. The Community Picnic will be held in Ella Sharp Park on July 19 and the Harold White Memorial Breakfast will be on August 13 at 7:30 a.m. at the Cascades Manor House. The HRC will look at working on fair housing as there are no agencies investigating these matters at this time. Ms. Conley again voiced appreciation for Frank Weathers and reminded the Council that there is an ex officio position open for a Councilmember.
Community Development Director Carol Konieczki introduced Keith Loomis from Mission Serve. Mr. Loomis thanked the Council for allowing his organization and 80 students to come to Jackson. They are from the states of South Carolina, Alabama, Pennsylvania and Kansas and are honored to work with and help the people of this community.
CITIZEN COMMENTS.
Scott TenBrink, 725 N. Jackson Street, encouraged the Council to adopt the resolutions ordering sidewalk replacement and approving agreements with MDOT for Safe Routes to School infrastructure and repavement of High Street.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the following Consent Calendar. 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 June 10, 2008.
B. Approval of the request from the Downtown Development Authority to hold Picnic in the Park on Tuesdays, July 8, July 15, July 22, July 29, August 5, August 12, August 19, and August 26, 2008, from 12:00 p.m. until 1:00 p.m., at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services and Parks/Forestry Departments and the Downtown Development Authority. Proper insurance coverage is in place.)
C. Approval of the request from the Jackson Non-Profit Support Center to hold a Mentoring Awareness March, with police assistance, on Saturday, July 19, 2008, beginning at 10:00 a.m., at 500 Griswold Street and ending at Ella Sharp Park. (Recommended approval received from the Police, Fire, Traffic Engineering and Parks/Forestry Departments. Insurance coverage received and approved.)
D. Approval of payment of the Jackson County Emergency Dispatch Services invoice in the amount of $10,800.00, for the period of April 2008 through March 2009, in accordance with the recommendation of the City Manager.
E. Approval of Traffic Control Order (TCO) No. 1982, removing the No Trucks restriction on Mitchell Street west of Elm Street rescinding TCO 1921, in accordance with the recommendation of the City Engineer.
F. Approval of Final Change Order No. 1 to the contract with Jule Swartz and Sons Excavating, Inc., in the increased amount of $3,693.12, for the Hobart Street Storm Sewer Construction to balance the quantities for contract pay items and adding a pay item for rock excavation not included in the original contract, and authorization for the City Manager and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
G. Approval of the request to approve Change Order No. 1 to the contract with FEB Corporation, in the amount of $1,197.00 for a new total contract price of $21,542.00, for additional rehabilitation work at 1125 Walker, in accordance with the recommendation of the Community Development Director.
H. Approval of the request to approve Change Order No. 1 to the contract with Bar Home Improvement, in the increased amount of $900.00, for a new total contract price of $20,040.00, for additional rehabilitation work at 518 Garfield, in accordance with the recommendation of the Community Development Director.
I. Receipt of a request to withdraw the 2008 Motion to Add a Subsequent Year filed by the Sprint Nextel Corporation with the Michigan Tax Tribunal, and referral to the City Assessor and City Attorney for appropriate action.
J. Receipt of a petition circulated by William R. Ross 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 subdivision of Blocks 2 and 7 and parts of Blocks 1, 3, 4, 5, 6, 11 and 12 of Francis Street Addition and referral to staff for appropriate action.
K. Receipt of the City of Jackson's summary of revenue and expenditures for the eleven (11) months ended May 31, 2008.
L. Receipt of the Community Development Department CDBG Financial Summary through May 31, 2008.
M. Referral of an application to the City Planning Commission from the City to rezone property located at 500 and 505 N. Jackson, 216-224 Trail and 523 Blackman from PUDD to C-4.
N. Establishment of July 15, 2008, at the City Council meeting as the time and place to hold a public hearing on the application for an Industrial Facilities Exemption Certificate filed by Edwards Machining, Inc., located at 2335 Research Drive.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
A) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3349 FOR STREET CONSTRUCTION ON MORRELL STREET FROM HUPP AVENUE TO ELM AVENUE.
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. 3349.
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.
B) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4153 FOR STREETSCAPE CONSTRUCTION ON CORTLAND STREET FROM BLACKSTONE STREET TO FRANCIS STREET.
Mayor Ludwig opened the public hearing. Thomas Ratchford, 615 N. East Avenue, reported on cracks in the concrete and stated he objects to his assessment and the work will not last. Paul Covel, representing the First Baptist Church, questioned what they received for their special assessment and stated it was an exorbitant amount for a non-profit entity to pay. David Maxwell, representing The Assembly Church, noted that their driveway was reduced to one lane and this assessment is a hardship for their non-profit entity. No correspondence was received; the Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4153.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution and reduce the assessment on Mr. Ratchford's property by $900.00. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Mayor Ludwig--1. Absent: 0.
C) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4162 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
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. 4162.
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4163 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
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. 4163.
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.
E) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4164 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
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. 4164.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser 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.
F) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4165 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
Mayor Ludwig opened the public hearing. No one spoke. The City Clerk reported on correspondence received from Shadia Martini, owner of 310 S. Blackstone, objecting to the special assessment being in her name and not in the name of the previous owner. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4165.
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.
G) PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4166 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE.
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. 4166.
Motion was made by Councilmember Breeding and seconded by Councilmember Gaiser 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.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser 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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
H) PUBLIC HEARING ON THE REQUEST TO REZONE FROM R-4 (HIGH-DENSITY APARTMENT AND OFFICE) TO C-4 (GENERAL COMMERCIAL), PROPERTY LOCATED AT 1617 N. WEST AVENUE. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Ludwig opened the public hearing. Henry Shore, 675 Sparks Street, questioned the need to rezone this property and wondered if the rezoning would hurt his property value. Theresa McGaugh, 664 Sparks Street, stated that a C-4 is not needed and the R-4 should be retained. Stephan Jepson, applicant for the rezoning, explained that the investment he was making in the property warrants a guarantee to be able to rebuild. He also stated his business would be a low impact retailer. The Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING PROPERTY LOCATED AT 1617 N. WEST AVENUE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Ordinance and place it on the next Council meeting agenda for adoption. 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.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION ORDERING SIDEWALK REPLACEMENT AT 1119 COOPER STREET, AND 136 E. MANSION, IN ACCORDANCE WITH THE CITY SIDEWALK RESTORATION PROGRAM.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer 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.
B) CONSIDERATION OF A RESOLUTION TO APPROVE THE REQUEST TO TRANSFER OWNERSHIP OF A 2007 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW, TO BUFFALO BARBEQUE WINGS, LLC, AND TRANSFER LOCATION TO 1085 N. WISNER STREET.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser 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 APPROVING ENTERING INTO A COST-PARTICIPATION AGREEMENT AND CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION IN THE ESTIMATED AMOUNT OF $89,750.50, WITH FEDERAL FUNDS PAYING 100% OF CONSTRUCTION COSTS, FOR SAFE ROUTES TO SCHOOL INFRASTRUCTURE INCLUDING SIDEWALK CONSTRUCTION AND REPAIRS WITH OTHER RELATED WORK AT FROST/CASCADE ELEMENTARY, NORTHEAST ELEMENTARY, AND JACKSON ARTS AND TECHNOLOGY SCHOOLS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D) CONSIDERATION OF A RESOLUTION APPROVING ENTERING INTO A CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR THE LOAN FOR THE LOCAL JOBS TODAY PROGRAM TO BE USED FOR THE HIGH STREET REPAVING FROM LOSEY AVENUE TO EXEUCTIVE DRIVE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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.
E) CONSIDERATION OF A RESOLUTION APPROVING ENTERING INTO A CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR STREET REPAVEMENT ON HIGH STREET FROM LOSEY AVENUE TO EXECUTIVE DRIVE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ORDINANCES.
A) FINAL READING OF ORDINANCE NO. 2008.8 AMENDING CHAPTER 3, SECTION 3-10 TO ADD SUBPARAGRAPH (6), CITY CODE, TO PROVIDE FOR SPECIFIC PENALTY PROVISIONS FOR MINORS IN POSSESSION OF ALCOHOLIC LIQUORS.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2008.8. 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 READING OF ORDINANCE NO. 2008.9 REPEALING SECTIONS 24-32 - 24-40 OF CHAPTER 24, CITY CODE, TO ELIMINATE THE CURREN
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