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 Martin J. Griffin.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Greer gave the invocation.
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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Councilmember Breeding remarked on Consent Calendar Item G. dated September 19 and the fact that special event applications are to be submitted 30 days prior to the event. He further remarked that late applications received in the future should be considered in the same manner as this one.
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: Councilmember Breeding-1. Absent: 0.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Regina Funkhouser, 5120 N. Bardstone, discussed the Jackson County 10 Year Plan to End Homelessness.
Stacy Cole, 124 W. Napoleon, asked the Council to award the bid for perimeter fencing at the Water Treatment Plant to In-Line Fence, LLC.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of September 12, 2006.
B. Approval of the request from the Jackson County Veteran’s Council to hold a Veteran’s Day Memorial Service in Withington Park on Saturday, November 11, 2006, from 11:00 a.m. until 12:00 p.m., and to close First Street between Wildwood and Michigan Avenues. (Recommended approval received from the Police, Fire, Traffic Engineering, Forestry/Parks, and Public Services Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
C. Approval of the request to approve the low bid award to General Chemical, East Hanover, New Jersey, at their bid price of $270.00 per ton, for soda ash used in water treatment, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
D. Authorization for the Mayor to execute a letter releasing a portion of a water main easement for Blair Park Townhomes, and authorization for City staff to make minor modifications to same and to take all action necessary to record the easement, in accordance with the recommendation of the City Attorney.
E. Approval of the request to approve the Offer to Purchase City Property, in the amount of $1,500.00, for City vacant lots 123, 124, 125, 139, 140, and 141, on Orange Street, and to waive the requirement for a development agreement, conditioned upon the homeowner combining this parcel with their current property, in accordance with the recommendation of the Community Development Director.
F. Receipt of the City of Jackson’s summary of revenue and expenditures for the two (2) months ended August 31, 2006.
G. Approval of the request from the Greater Jackson Area CROP Walk Event Committee to conduct a 10K walk on Sunday, October 8, 2006, beginning at 2:00 p.m. on City streets (no street closures requested). (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Insurance coverage received and approved.)
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT RICHARD SNEARY TO THE DOWNTOWN DEVELOPMENT AUTHORITY, BEGINNING IMMEDIATELY
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the recommendation. 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.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE REQUEST FROM DIE-NAMIC TOOL & DESIGN, LLC, TO DESIGNATE PROPERTY ENCOMPASSING 147
Mayor Griffin opened the public hearing and noted that a representative from Die-Namic Tool & Design was present. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION DESIGNATING PROPERTY ENCOMPASSING 147
Motion was made by Councilmember Ludwig 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.
B. PUBLIC HEARING ON THE (SECOND) APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FILED BY TECHNIQUE, INC., 2427 RESEARCH DRIVE.
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION.
Motion was made by Councilmember Ludwig 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. PUBLIC HEARING ON THE
Mayor Griffin opened the public hearing. None one spoke; the Mayor closed the public hearing.
1. RESOLUTION ADOPTING THE BROWNFIELD PLAN.
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 Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
D. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON THE
Mayor Griffin opened the public hearing. Will Riley, on behalf of the HRC and himself, made the following comments:
1) Questioned monies given to the Community Action Agency and Fair Housing.
2) Noted that the MLK Center was given $18,000 for their summer program, the Boos Center received $65,000 and Nixon Park received $70,000. What did the Boos Center and Nixon Park do to improve the lives of citizens?
3) Page 30: Does not feel there was strong minority participation in the City’s HOME program.
4) Report doesn’t state if rental property inspections were completed.
5) Page 10: Affirmatively furthering fair housing not completed as the goal - no monitoring follow up.
6) Page 13: Questioned oversight.
7) Believes there are areas not truthful or accurate.
8) Commented that $125,000 has been allocated for rehab projects and the money has not being spent.
The Mayor closed the public hearing.
Councilmember Mead made the following comments:
1) In the future, would like to receive these reports earlier.
2) Page 6: Engineering Street repair $200,000; outcome of 36 affordable housing units not correct.
3) Page 11: New Neighbor Program not established over the past year and the Resident Officer program was discontinued two years ago.
4) Page 18: Nothing mentioned about the lead paint abatement grant.
5) Page 30: Contractors not on a rotating basis.
6) Page 36: Ambs Message Center (mentioned) was not last year, but Daryl’s Downtown (not mentioned) was.
7) These items need to be corrected before the document goes out.
Councilmember Breeding made the following comments:
1) Pages 2,8 and 9: The column headed percentage should be percent.
2) Page 9: Noted middle of the page “Totals†- if dealing with allocation, budgeted and spent, where is the rest of it?
3) Page 11: Mentions providing financial assistance to the Fair Housing Alliance which went out of business in 2004.
4) Fair Housing Center available; they submitted a proposal, but were not selected.
1. AUTHORIZATION FOR THE MAYOR TO EXECUTE THE 2005-2006 CONSOLIDATED ANNUAL PERFORMANCE
Motion was made by Councilmember Greer and seconded by Mayor Griffin to authorize execution and submission of the document. Councilmember Greer withdrew his motion.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve the document in order to be sent by the deadline of September 30, with the areas that were mentioned to be corrected. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: Councilmember Breeding-1. Absent: 0.
E. PUBLIC HEARING TO ESTABLISH AN OBSOLETE PROPERTY REHABILITATION DISTRICT (OPRD) #4 FOR THE PROPERTY LOCATED AT 401-405 S. MECHANIC STREET.
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION ADOPTING THE ESTABLISHMENT OF OPRD #4.
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 Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
F. PUBLIC HEARING TO APPROVE AN APPLICATION FOR AN OBSOLETE PROPERTY REHABILITATION TAX EXEMPTION CERTIFICATE FOR KLEIN BROTHERS, LLC.
Mayor Griffin opened the public hearing. David Klein addressed the Council respectfully requesting that the job creation component be given favorable consideration and the tax exemption be extended to the full twelve years. Patricia Cook, consultant to Mr. Klein, explained State Tax Commission time lines and discussed the support and enthusiasm for this project. The Mayor closed the public hearing.
1. RESOLUTION APPROVING THE APPLICATION FOR AN OBSOLETE PROPERTY REHABILITATION TAX EXEMPTION CERTIFICATE FOR A PERIOD OF SIX (6) YEARS.
Motion was made by Councilmember Ludwig and seconded by Councilmember Breeding to adopt the resolution, approving the application for nine years.
Motion was made by Mayor Griffin and seconded by Councilmember Greer to amend the motion to approve the application for twelve years. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer and Frounfelker-4. Nays: Councilmembers Breeding, Mead and Ludwig-3. Absent: 0.
The original motion, as amended, was vote on and FAILED adoption by the following vote. Yeas: Mayor Griffin and Councilmembers Greer and Frounfelker-3. Nays: Councilmembers Breeding, Mure, Mead and Ludwig-4. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to reconsider the vote on 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to amend the resolution, approving the application for 12 years with a review to be done after six years and directing staff to take action to ensure this review is done. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mead-2. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolution as amended. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mead-2. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM THE MICHIGAN THEATRE OF JACKSON, INC. FOR A NEW ENTERTAINMENT PERMIT TO BE HELD IN CONJUNCTION WITH A NEW CLUB LICENSE TO BE LOCATED AT 124 N. MECHANIC STREET.
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 THE 2006 STORM WATER POLLUTION PREVENTION INITIATIVE (SWPPI) ACTION PLAN AS REQUIRED BY THE STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ)
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 Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
ORDINANCES
None.
OTHER BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE CHANGES TO THE 911 SERVICES AGREEMENT BETWEEN THE
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to refer this matter to the City Affairs Committee for review and report back no later than the second City Council meeting in October. 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 THE REQUEST FROM THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO CONSIDER THE CREATION OF A DOWNTOWN PARKING ADVISORY COMMITTEE TO OVERSEE THE PARKING SYSTEM THAT WOULD BE A RECOMMENDING BODY TO THE
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve the recommendation from the DDA, including the committee membership/appointment and City staff involvement. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: Councilmember Breeding-1. Absent: 0.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE
Motion was made by Councilmember Mure and seconded by Councilmember Breeding 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.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead 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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Greer, Mead, Frounfelker and Ludwig-6. Nays: Councilmember Mure-1. Absent: 0.
D. Deleted.
E. CONSIDERATION OF THE REQUEST TO APPROVE AMENDMENT NO. 1 TO THE ABANDONED WELL MANAGEMENT AGREEMENT WITH THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ), WITH THE
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig 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.
Councilmember Breeding requested, at the next Council meeting, a financial summary of CDBG funds paid out in June, July, August and September.
Councilmember Mure announced he and Councilmember Frounfelker will be hosting a public meeting regarding the Allen School project at the Salvation Army Fellowship Hall on Monday, October 2 at 6:00 p.m.
Mayor Griffin inquired what happened at the Zoning Board of Appeals meeting regarding the Allen School project.
Councilmember Greer asked if the matter of local bidding preferences could be referred to the City Affairs Committee. Councilmember Ludwig stated the Committee will address that matter.
Mayor Griffin commented on a letter from Patricia Rahl regarding alternate energy sources and things the City can do to reduce greenhouse gases. He also discussed that the City is adapting to LED streetlighting.