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DECEMBER 16, 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, 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 a revised resolution regarding the use of Election Receiving Boards. 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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. PRESENTATION BY THE HONORABLE MICHAEL J. KLAEREN, DISTRICT JUDGE, THE HONORABLE R. DARRYL MAZUR, DISTRICT JUDGE, 12TH JUDICIAL DISTRICT COURT, AND THE HONORABLE CHAD SCHMUCKER, CIRCUIT COURT JUDGE, JACKSON COUNTY, MICHIGAN, REGARDING SPECIALTY COURTS AND THE MENTAL HEALTH COURT.
 
Circuit Court Judge Schmucker addressed the Council, explaining that the specialty courts are for Jackson County residents and not for people outside the community. He discussed the Recovery Court and the Mental Health Court, both of which are supported by state grants. He also discussed the Michigan Prisoner ReEntry Initiative (MPRI) for parolees, remarking that all data shows it reduces crimes.
 
B. PRESENTATION BY ROBERT COLE, CHAIRMAN OF THE PARKING ADVISORY COMMITTEE, REGARDING PROPOSED CHANGES TO THE METERLESS PARKING DISTRICT BUDGET ASSESSMENT.
 
Mr. Cole discussed areas the Committee has been working on, which include the development of an informational brochure funded through advertisements, review of assessment classifications, parking protocol and the budget.
 
Motion was made by Mayor Ludwig and seconded by Councilmember Frounfelker to receive the Parking Advisory Committee report. 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 Mayor Ludwig and seconded by Councilmember Frounfelker to address this with a plan by the January 20 meeting, recommend a study session with Council and appropriate staff as necessary to develop this and direct staff to move ahead with this. 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.
 
CITIZEN COMMENTS.
 
Thomas Ratchford, 615 N. East Avenue, discussed his concern for the safety of walkers and bicyclists in the streets and stated he wants to see a safety program started. He also mentioned he would like to see something done with the Acme building.
 
Pegg Clevenger spoke in support of the Grand River ArtsWalk and remarked that Jackson could be known as the “City of Arts and Parks.”
 
Kathy Kulchinski, 206 Fourth Street, thanked the Council for moving forward with the Grand River ArtsWalk.
 
Scott TenBrink, 225 N. Jackson Street, stated he was happy that staff and leadership are keeping the Grand River ArtsWalk project moving forward.
 
Brian Surgener, 201 S. Mechanic Street, asked Council to consider two items regarding the meterless parking system - a “café” category and a better definition for “occasional use.” He also discussed privatizing that system.
 
Mike Way, 1034 Crestwood, announced the DDA hired a new Executive Director. Jonathan Greene will begin on February 2.
 
Robert McNitt, 621 Jefferson Street, shared his experience with group homes and remarked that people need to consider that individuals who are mentally challenged also have rights.
 
Ron Andrews, 915 W. Washington Avenue, discussed group homes, stating they should not be in R-1 and R-2 districts and we need to preserve the value of our homes.
 
Jeffrey Supowit, American Community Developers, thanked the Council and staff for supporting the ordinance granting Blair Park a PILOT.
 
Eileen Rawlins, 509 Hibbard, stated that the MPRI program and group homes do not belong in neighborhoods.
 
CONSENT CALENDAR.
 
Councilmember Frounfelker requested Item K be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar with Item K 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 November 18, 2008, and the Special City Council meeting of December 2, 2008.
 
B. Approval of the request from St. John's United Church of Christ to conduct the Eve on the Ave - Partnership Park 5K Run/Walk on city streets, Wednesday, December 31, 2008, beginning at 9:45 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works Departments, and the Downtown Development Authority. Proper insurance coverage received.)
 
C. Approval of the following street closure requests from the Downtown Development Authority regarding the Eve on the Ave celebration on Wednesday, December 31, 2008, and Thursday, January 1, 2009:
 
1. Michigan Avenue from Jackson Street to Mechanic Street, between 11:00 p.m. and 12:30 a.m.
 
2. Michigan Avenue from Mechanic Street to Louis Glick Highway, and Francis Street from Cortland to Michigan Avenue, between 11:30 p.m. until 1:30 a.m.
 
(Recommended approval received from the Police, Fire, Traffic Engineering and Public Services Departments.)
 
D. Approval of the contract between the City and Night Magic, Inc., in the amount of $5,000.00, for the December 31, 2008, Eve on the Ave fireworks display, authorization for the Mayor and City Clerk to execute the contract and fireworks permit, and authorization for staff to make minor modifications to the contract, in accordance with the recommendation of the Deputy City Attorney.
 
E. Approval of Traffic Control Order (TCO) Nos. 1990 and 1991 for changes in lane assignments related to the High Street reconstruction project, in accordance with the recommendation of the City Engineer.
 
F. Approval of Traffic Control Order (TCO) No. 1992 reviewing the request of possibly limiting parking near the Aeroquip Credit Union on the south side of Plymouth Street from 100 feet west of State Street to State Street and from State Street to 100 feet west of Waterloo Avenue to allow customer parking, in accordance with the recommendation of the City Engineer.
 
G. Approval of Final Change Order No. 1 to the contract with Concord Excavating and Grading, Inc., in the increased amount of $12,331.53, for the Center Street Water Main, Sanitary Sewer, and Pavement project, and authorization for the City Manager, Director of Public Services, and City Engineer to execute the appropriate document(s), in accordance with the recommendation of the City Engineer.
 
H. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $10,481.04 for planning services for the month of November 2008, in accordance with the recommendation of the City Manager.
 
I. Receipt with regret the resignation of Sean Campbell from the Jackson Transportation Authority.
 
J. Receipt of the City of Jackson's summary of revenue and expenditures for four (4) months ended, October 31, 2008.
 
K. Removed for separate consideration.
 
L. Receipt of Community Development Department CDBG Financial Report through October 31, 2008.
 
M. Establishment of January 20, 2009, at the City Council meeting as the time and place to hold a public hearing of necessity for the 2008-2009 Meterless Parking System.
 
N. Establishment of January 6, 2009, at the City Council meeting as the time and place to hold a public hearing for the consideration of a Brownfield Plan for 228 W. Michigan Avenue (Hayes Commons Development, LLC), as recommended by the Jackson Brownfield Redevelopment Authority (JBRA), and the Community Development Director.
 
CONSENT CALENDAR ITEM K.
 
Receipt of Dangerous Building Report through November 30, 2008.
 
Councilmember Frounfelker would like to see better updates next month and stated that perhaps a presentation could be made at the first meeting in January.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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: Councilmember Howe-1. Absent: 0.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT CARLENE M. LEFERE AND CHARLES H. AYMOND TO THE ADMINISTRATIVE HEARINGS BUREAU FOR A TWO-YEAR TERM EACH BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2010.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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 REAPPOINT JEANNETTE WOODARD TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
Motion was made by Councilmember Greer 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.
 
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT KATHERINE J. KLAUS AND JOHN HENEGAR TO THE CIVIL SERVICE COMMISSION FILLING CURRENT VACANCIES BEGINNING IMMEDIATELY AND ENDING AUGUST 31, 2010.
 
Motion was made by Councilmember Howe 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.
 
D. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT PATRICK COLLIGAN TO THE CITY PLANNING COMMISSION FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011, AND TO REAPPOINT JEANNE KUBISH AND JOHN GUIDINGER TO THE CITY PLANNING COMMISSION FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
Motion was made by Councilmember Polaczyk 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.
 
E. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT VICTOR CUISS TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2012.
 
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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.
 
F. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT JEANNETTE WOODARD TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
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.
 
G. APPROVAL OF THE MAYOR'S RECOMMENDATION IN CONCURRENCE WITH THE HUMAN RELATIONS COMMISSION RECOMMENDATION TO APPOINT JOE W. SMITH, JR., TO THE HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
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.
 
H. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT KATHERINE J. KLAUS TO THE LOCAL OFFICER'S COMPENSATION COMMISSION FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND ENDING FEBRUARY 28, 2014.
 
Motion was made by Councilmember Howe 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.
 
I. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JOHN HENEGAR AND GARY MINIX TO THE TELECOMMUNICATIONS ADVISORY BOARD FILLING CURRENT VACANCIES BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2009.
 
Motion was made by Councilmember Polaczyk 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.
 
J. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT KAREN F. DUNIGAN AND ELAINE CRAWFORD TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM EACH BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2011.
 
Motion was made by Councilmember Polaczyk 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 CONSIDER A REQUEST FROM RIGHT DIRECTION, LLC (THE CAR COMPANY), TO REZONE PROPERTY LOCATED AT 616 N. WISNER STREET FROM ONE AND TWO-FAMILY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-4). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
 
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 616 N. WISNER STREET FROM R-2 TO C-4.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the ordinance and place it on the next regular Council meeting agenda for adoption. 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.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES FOR 2009.
 
Motion was made by Councilmember Gaiser and seconded by Councilmember Howe to adopt the resolution, as amended, deleting the November 24 meeting. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser and Frounfelker-5. Nays: Councilmembers Greer and Polaczyk-2. Absent: 0.
 
B. CONSIDERATION OF A RESOLUTION APPROVING THE USE OF THE RECEIVING BOARDS AT ELECTIONS HELD IN THE CITY ON MAY 5, AUGUST 4, AND NOVEMBER 3, 2009.
 
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
C. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST TO TRANSFER OWNERSHIP OF A 2008 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED IN ESCROW AT 310 S. MECHANIC, JACKSON, FROM PATRICK J. MCDONALD, JR. TO MANCINO'S OF JACKSON, INC., AND TRANSFER LOCATION TO 1196 N. WEST AVENUE, JACKSON WITH A NEW REQUEST FOR OFFICIAL PERMIT (FOOD).
 
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.
 
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2008-2009 BUDGET TO REFLECT RECEIPT OF THE DRIVE MICHIGAN SAFELY TASK FORCE GRANT, IN THE AMOUNT OF $11,429.00.
 
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.
 
E. CONSIDERATION OF A RESOLUTION SUSPENDING ENFORCEMENT OF ORDINANCES THAT WOULD PROHIBIT THE POSSESSION AND USE OF FIRE ARMS WITHIN THE CITY AS IT APPLIES TO EMPLOYEES AND AGENTS OF AARON'S NUISANCE ANIMAL CONTROL DURING SAID DEER HARVEST WITHIN ELLA SHARP PARK DURING THE MONTHS OF JANUARY AND FEBRUARY 2009.
 
Motion was made by Councilmember Polaczyk 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.