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JANUARY 9, 2007

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 Vice Mayor Jerry F. Ludwig.
 
SWEARING IN OF VICE MAYOR JERRY F. LUDWIG AS THE MAYOR OF THE CITY OF JACKSON BY THE CITY CLERK.
 
City Clerk Lynn Fessel administered the oath of office to Mayor Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Mead gave the invocation.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead and Andrew R. Frounfelker-6. Absent: 0. Vacant: 6th Ward-1.
 
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. PRESENTATION BY MARK KETTNER, REHMANN ROBSON, OF THE CITY OF JACKSON'S AUDIT REPORT FOR FISCAL YEAR 2005-2006.
 
Mr. Kettner highlighted the four sections of the Comprehensive Annual Financial Report - Introductory, Financial, Statistical and Single Audit. He was pleased to report that there were no findings this year which means the City gets a clean opinion.
 
1. REVIEW OF MANAGEMENT LETTER COMMENTS AND SUGGESTIONS AND RECEIPT OF CITY RESPONSES.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the responses. The motion was adopted by the following vote. Yeas; Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
Mayor Ludwig asked Finance Director Philip Hones to come forward to receive the Certificate of Achievement for Excellence in Financial Reporting. He commended Mr. Hones and his staff on a job well done.
 
CITIZEN COMMENTS.
 
None.
 
CONSENT CALENDAR.
 
Councilmember Greer requested Item G be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Item G removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacancy: 6th Ward-1.
 
Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of December 12, 2006.
 
B. Approval of the second renewal to the contract with Clark's Lawn Care, Jackson, in the amount of $13,200.00, for lawn maintenance at the R. A. Greene Park and the Wastewater Treatment Plant, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
 
C. Approval of the request from Christopher Crisenbery, Feller, Finch & Associates, Inc., representatives for the Armory Arts project, to split property at the former National Guard Armory, in accordance with the recommendation of the City Assessor.
 
D. Approval of Change Order No. 18 to the contract with Granger Construction Company, decreasing the contract in the amount of $7,423.95, for work on the City Hall Renovation 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.
 
E. Approval of the low bid award to Harrison Builders, Jackson, at their not-to-exceed price of $18,678.00, for an owner-occupied Community Development rehabilitation project located at 425 E. Prospect Street, in accordance with the recommendation of the Community Development Director.
 
F. Approval of the request to accept the offer to purchase a City vacant lot located at 401-403 W. Michigan Avenue, in the amount of $8,000.00, authorization for the Mayor and City Clerk to execute the purchase and development agreements, and the deed, and authorization for staff to make minor modifications to the documents and to take any and all actions necessary to effectuate this transaction, in accordance with the recommendation of the Community Development Director.
 
G. Removed for separate consideration.
 
H. Receipt of the City of Jackson's summary of revenue and expenditures for the five (5) months ended November 30, 2006.
 
I. Receipt of the Community Development Department Quarterly Building Permit Report.
 
J. Receipt of the Community Development Block Grant (CDBG) Financial Report through November 30, 2006.
 
K. Establishment of February 13, 2007, at the City Council meeting as the time and place to hold a public hearing to consider a Brownfield Plan for 147 and 155 Hobart Street.
 
CONSENT CALENDAR ITEM G.
 
Receipt of the resignation of Martin J. Griffin as the Mayor of the City of Jackson.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the resignation with regret. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead and Frounfelker-5. Nays: Councilmember Breeding-1. Absent: 0. Vacant: 6th Ward-1.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT CARLENE M. LEFERE AND CHARLES H. AYMOND AS ADMINISTRATIVE HEARINGS BUREAU OFFICERS FOR THE CITY'S ADMINISTRATIVE HEARINGS BUREAU FOR A TWO-YEAR TERM EACH, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2008.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
B. APPROVAL OF THE REQUEST FROM MAYOR JERRY F. LUDWIG TO BE APPOINTED TO THE FOLLOWING BOARDS AND COMMISSIONS:
 
1. EMERGENCY MANAGEMENT ADVISORY COUNCIL, BEGINNING IMMEDIATELY AND ENDING NOVEMBER 30, 2007.
 
2. JACTS POLICY COMMITTEE, BEGINNING IMMEDIATELY AND ENDING NOVEMBER 30, 2007.
 
3. LOCAL DEVELOPMENT FINANCE AUTHORITY, BEGINNING IMMEDIATELY AND ENDING JUNE 3, 2010.
 
4. POLICE AND FIRE PENSION BOARD, ACT 345, BEGINNING IMMEDIATELY AND ENDING NOVEMBER 30, 2007.
 
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, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
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 unanimous voice vote.
 
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4146 FOR THE OPERATION OF A METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA.
 
Mayor Ludwig opened the public hearing. The Clerk noted correspondence from the Commonwealth Commerce Center, 209 W. Washington Avenue, objecting to their assessment. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4146.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Greer, Mead and Frounfelker-4. Nays: Councilmembers Breeding and Mure-2. Absent: 0. Vacant: 6th Ward-1.
 
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4147 FOR THE OPERATION OF A METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA.
 
Mayor Ludwig opened the public hearing. The Clerk noted correspondence from Brian Surgener, 201 S. Mechanic St., and Richard Sneary, 227-229 S. Mechanic St., both objecting to their assessments. Patrick Colligan, The Rocket - 216 Francis Street, spoke in opposition to their increased assessment this year. Brian Surgener, Jackson Coffee Company - 201 S. Mechanic Street, also spoke in opposition to his increased assessment. Arnie Schneider addressed the Council stating the City should be encouraging businesses and not “leaning” on them. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4147.
 
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 Mure, Greer, Mead and Frounfelker-5. Nays: Councilmember Breeding-1. Absent: 0. Vacant: 6th Ward-1.
 
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adjourn as Board of Review and reconvene as City Council. The motion was adopted by unanimous voice vote.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE REQUEST FOR FINAL APPROVAL OF THE ARTISAN PARK PLANNED UNIT DEVELOPMENT DISTRICT (PUDD), WITH LISTED CONDITIONS. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
 
Mayor Ludwig opened the public hearing. Mike Carrigan, property owner on N. Jackson Street, inquired if there would be landscaping and/or repaving in the future. The City Manager responded that as projects develop, there will be interest in enhancements. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, APPROVING THE ARTISAN PARK PUDD.
 
Motion was made by Councilmember Frounfelker 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 Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
B. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND RECEIPT OF THE FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING PROPOSAL PACKET.
 
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing. Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the funding proposal packet. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET, IN THE AMOUNT OF $30,000.00, FOR THE CITY EMERGENCY HAZARD REPAIR PROGRAM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward -1.
 
B. CONSIDERATION OF A RESOLUTION APPROVING THE STANDARD PUMPING CONTRACT BETWEEN THE CITY AND CONSUMERS ENERGY TO FURNISH PUMPING SERVICES TO THE WASTEWATER TREATMENT PLANT FOR A PERIOD OF ONE (1) YEAR, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
ORDINANCES.
 
A. FINAL ADOPTION OF ORDINANCE NO. 2007.1 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 616 N. WISNER STREET TO R-2.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to adopt Ordinance No. 2007.1. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
B. FINAL ADOPTION OF ORDINANCE NO. 2007.2 CORRECTING A SCRIVENER'S ERROR IN SECTION 28-71(161) OF THE CITY'S CODE OF ORDINANCES.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to adopt Ordinance No. 2007.2. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-2, CITY CODE, TO PROHIBIT LEAVING REFUSE RECEPTACLES AT THE CURBSIDE, IN THE DRIVEWAY, IN THE PUBLIC RIGHT-OF-WAY, OR IN THE PUBLIC VIEW IN THE FRONT YARD, IN ACCORDANCE WITH THE RECOMMENDATION OF THE ORDINANCE REVIEW WORKGROUP.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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 Mure, Greer, Mead and Frounfelker-5. Nays: Councilmember Breeding-1. Absent: 0. Vacant: 6th Ward-1.
 
Councilmember Breeding requested copies of complaints received in the Community Development Department regarding refuse receptacles being left in front yards and driveways.
 
OTHER BUSINESS.
 
A. RECEIPT OF THE CITY ENGINEER'S REPORT REGARDING THE INSTALLATION OF A NO RIGHT TURN ON RED SIGN AT THE INTERSECTION OF MICHIGAN AND ELM AVENUES (TRAFFIC CONTROL ORDER NO. 1941). (30-DAY REPORT REQUESTED AT THE NOVEMBER 14, 2006, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Mure and seconded by Councilmember Greer to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
1. CONSIDERATION OF THE REQUEST TO APPROVE TRAFFIC CONTROL ORDER NO. 1941 FOR PERMANENT INSTALLATION OF THE NO RIGHT TURN ON RED SIGN AT THE INTERSECTION OF MICHIGAN AND ELM AVENUES.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve Traffic Control Order No. 1941. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO DUNIGAN BROTHERS, INC., JACKSON, IN THE AMOUNT OF $211,000.00, FOR REPLACEMENT OF THE PRODUCTION LIFT STATION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES, THE DEPUTY CITY ENGINEER AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: 0. Vacant: 6th Ward-1.
 
B. DISCUSSION WITH JOE COLLINS ON HANDICAP ACCESSIBILITY AWARENESS IN THE CITY.
 
Mr. Collins requested that the City establish an ad hoc committee comprised of citizens who would hold public hearings and gather information from individuals with different problems to overcome. He also mentioned that there are grants being given to cities who take on the task of trying to make their communities more handicapped accessible.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Mure thanked Dan and Kim Schafer for their participation in the Neighborhood Watch Program.
 
Councilmember Frounfelker announced he will be conducting a Fifth Ward neighborhood meeting on January 31 at 7:00 p.m. in the Council Chambers. He also remarked that he was very impressed with his tour of the Water and Public Works Departments.
 
Councilmember Breeding asked if it was true that Great Lakes will not remove the pile of dirt without state or federal funding. The City Manager responded that they need to move forward with their building expansion early this year and, as part of the expansion, they plan to remove the dirt. Also, they are eligible to be reimbursed by the Brownfield District for disposal of the soil.
 
ADJOURNMENT.
 
No further business being presented and upon a motion by Councilmember Mead, seconded by Councilmember Greer, the meeting adjourned at 8:28 p.m.
 
Lynn Fessel
 
City Clerk