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FEBRUARY 28, 2006

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 Martin J. Griffin.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Frounfelker gave the invocation.
 
ROLL CALL.
 
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead, Andrew R. Frounfelker and Jerry F. Ludwig-7. Absent: 0.
 
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
The City Manager announced that Item A. under New Business was deleted from the Agenda. Motion was made by Councilmember Greer and seconded by Councilmember Mure to adopt the agenda, as amended with the above deletion. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
PRESENTATIONS/PROCLAMATIONS.
 
None.
 
CITIZEN COMMENTS.
 
Jane Robinson, 5600 Horton Road; Marsha Kreucher, 134 W. Michigan; Peter Jobson, Excel Realty Development; Bruce Rasher, Consumers Energy; and Steve Czarnecki, The Enterprise Group, all spoke in support of the Armory Arts project.
 
CONSENT CALENDAR.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nay: 0. Absent: 0.
 
 Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of February 14, 2006.
 
B. Approval of the minutes of the special City Council meeting of February 21, 2006.
 
C. Approval of the request from K-105.3/News Talk 970 to conduct their 3rd annual March of Dimes Fountain Coin Drop at the fountain in Bucky Harris Park on Thursday, April 20, 2006 (rain date April 21, 2006), broadcasting live from 6:00 a.m. until 6:00 p.m., and request that the City donate coins collected to the March of Dimes. (Recommended approval received from the Police, Fire, Public Services, and Parks/Forestry Departments. Traffic Engineering Department and the Downtown Development Authority recommend approval contingent upon reserved parking on N. Jackson Street only. Insurance coverage received and approved.)
 
D. Approval of the request from the March of Dimes to conduct their annual WalkAmerica event on City streets on Sunday, April 30, 2006, from 9:30 a.m. until 5:00 p.m., beginning and ending at Ella Sharp Park. (Recommended approval received from the Police, Fire, Public Services, and Parks/Recreation Departments. Insurance coverage received and approved.)
 
E. Approval of the request from the Jackson Storyfest Committee for police coverage and parking assistance for their annual Jackson Storyfest to be held on Friday and Saturday, May 5 and 6, 2006. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. The Downtown Development Authority recommends approval contingent upon minimal on-street parking passes. Contingent upon receipt of insurance renewal.)
 
F. Approval of the request from the Jackson branch of the American Association of University Women (AAUW) to hold their 6th annual “Eleanor Roosevelt Walk/Run” on Saturday, May 6, 2006, from 9:00 a.m. until 10:30 a.m. (Recommended approval received from Police, Fire, Public Services, Forestry, and Traffic Engineering Departments. Hold Harmless Agreement executed in lieu of insurance coverage.)
 
G. Approval of the request from the Fitness Council of Jackson to hold two (2) Smart Commute Open Houses; one on Tuesday, May 16, 2006, from 11:00 a.m. until 1:00 p.m. at Bucky Harris Park, and one on Saturday, May 20, 2006, from 10:00 a.m. until 1:00 p.m. at Blackman Park. (Recommended approval received from the Public Services, Forestry and Traffic Engineering Departments and the Downtown Development Authority. Insurance coverage received and approved.)
 
H. Approval of the request from the American 1 Federal Credit Union to hold the American 1 Teen Idol event at the Riverwalk Amphitheater on Friday, July 7, 2006, from 11:00 a.m. until 10:00 p.m. (Event 6:00 - 9:30 p.m.). (Approval recommended by the Amphitheater Review Committee, Downtown Development Authority, Fire, Public Services, and Police Departments. Proper insurance coverage received.)
 
I. Approval of Traffic Control Order No. 1909 replacing a yield sign on Greenwood Place at the intersection of Wilkins Street with a stop sign, in accordance with the recommendation of the City Engineer.
 
J. Approval of the Purchase and Development Agreements for the sale of a tax reverted property, located at 714 Homewild, to the Jackson Affordable Housing Corporation (JAHC), authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to approval by the City Attorney, and authorization to make minor modifications to the document(s), and to take any and all action necessary to complete this real estate transaction, in accordance with the recommendation of the Community Development Director.
 
K. Receipt of Summons and Complaint, filed in Circuit Court by Ameriquest Mortgage Company, for preliminary injunction to enjoin demolition regarding the property located at 131 Moore Street, and referral to the City Attorney's office for appropriate action.
 
L. Receipt of the Downtown Development Authority Year-end Audit Report for fiscal year July 1, 2004 through June 30, 2005.
 
M. Receipt of the City of Jackson summary of revenue and expenditures for the seven (7) months ended January 31, 2006.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON WILDWOOD AVENUE FROM WEST AVENUE TO STEWARD AVENUE.
 
Mayor Griffin opened the public hearing. Aaron Avery, 541 Wildwood, #209, discussed signage, parking, curb/gutter and traffic issues. Timothy Mierzwa, 721 Wildwood and Jason Phebus, 305 N. West Avenue, expressed concern with the dollar amount of their assessments and asked if there was a possibility of a reduction. The Clerk noted correspondence from Richard and Constance Bennett, 547 Wildwood, opposing the widening of Wildwood Avenue. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 BUDGET, IN THE AMOUNT OF $449,320.00, FOR STREET LIGHTING AT PARTNERSHIP PARK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
B. CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), IN THE AMOUNT OF $714,700.00 (CITY'S SHARE IS $257,000.00), FOR RECONSTRUCTION OF WILDWOOD AVENUE FROM WEST AVENUE TO STEWARD STREET, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE FOLLOWING RESOLUTIONS ADOPTING 4% PAYMENT IN LIEU OF TAXES (PILOT)S RELATED TO THE ARMORY ARTS PROJECT:
 
1. ARMORY ARTS VILLAGE (CORE PROJECT-ARMORY ARTSWALK APARTMENTS) THROUGH ITS SPONSOR, THE EXCEL-ARTSWALK LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, FOR EIGHTEEN(18) YEARS.
 
Councilmember Greer urged his fellow Councilmembers to support the project, believing it has helped put Jackson on the map in a good light. Motion was made by Councilmember Greer and seconded by Councilmember Mure to adopt the resolution for 18 years. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
2. ARMORY ARTS VILLAGE (FAMILY PROJECT-ARMORY ARTS COMMONS) THROUGH ITS SPONSOR, THE EXCEL-NEW URBAN LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP, FOR THIRTY-FIVE (35) YEARS.
 
Councilmember Greer echoed his previous comments. Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the resolution for 35 years. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
ORDINANCES.
 
None.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. Deleted.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND HAMILTON ANDERSON ASSOCIATES, DETROIT, MICHIGAN, AT A NOT-TO-EXCEED AMOUNT OF $144,880.00, TO PROVIDE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE URBAN ARTS LEG OF THE JACKSON RIVERWALK TRAIL, THROUGH THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) WATERFRONT REDEVELOPMENT GRANT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), SUBJECT TO APPROVAL BY THE CITY ATTORNEY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE RIVERWALK EVALUATION COMMITTEE (REC) AND THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Breeding asked the City Manager to give his personal thanks to Kim Van Every in the Community Development Department for a job well done. She rallied the troops to help Ruth Love of 920 Chittock Street whose chimney caved in and where a fatal level of carbon monoxide was found.
 
He encouraged the City Affairs Committee to prepare a report on a request that was made to the City Council in 2003 by Janice Sweet Fairley to name two streets after Harold White, Sr. and Dr. Martin Luther King, Jr., respectively.
 
He requested that next year, if there is a need, signs naming Francis Street Martin Luther King, Jr. Blvd. during the month of February be placed on both the north and south sides of the Street.
 
Councilmember Frounfelker raised a question on the Swan Creek Candle sign and the City Manager responded.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Mure and seconded by Councilmember Mead to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:48 p.m.
 
Lynn Fessel, City Clerk