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SEPTEMBER 12, 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 7:23 p.m. by Mayor Martin J. Griffin. (The meeting began at this time so that the Mayor and Councilmembers could attend a parade in honor of the 303rd Military Police Company which is being deployed to the middle east region.)
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Mure 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: Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to adopt the agenda. 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.
 
James Schulz, 2038 Wildwood Lane, and Jennifer Perrin, 2043 Wildwood Lane, both addressed the Council with complaints of very poor water quality in their homes and neighborhood.
 
Nora Utley, Arts & Cultural Alliance of Jackson County - Public Art Committee, encouraged the Council to approve the request to purchase the Ken Thompson sculpture, Stacked Arch.
 
Dan Evans, Jackson Public Schools Superintendent, thanked the City for the street construction on Wildwood and the partnership on the recreation millage. He also thanked the HRC for their encouragement of school enrollment.
 
Mike Way, DDA Chair, thanked and acknowledged the group of people who worked on the parking matters before the Council tonight. He thanked City staff for their creative solutions and asked the Council to carefully consider the DDA recommendations and help improve the parking downtown.
 
Jeannette Woodard, 1408 First Street, encouraged the Council to create a parking committee. She further stated that parking systems are critical to the success of any downtown area and marketing and education are critical to the success of any parking system.
 
Jaime Cox, 1020 Adrian, addressed the Council praising and thanking Assistant City Manager Richard Marsh for his encouragement and help when she and her three children were homeless.
 
Daniel Cox, representing Allen Brothers Fence Company, stated he submitted a bid proposal for fencing at the Water Treatment Plant. He encouraged Council to award the bid to a Jackson-based company to keep work in Jackson.
 
CONSENT CALENDAR.
 
Councilmember Breeding requested Items I, N and Q be removed for separate consideration. Mayor Griffin requested Item E be removed for separate consideration. Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to approve the following Consent Calendar, with Items E, I, N and Q removed for separate consideration. 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 August 15, 2006.
 
B. Approval of the request from Calvary Apostolic Church to hold a crusade at Loomis Park on Saturday, September 30, 2006, beginning at 12:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, and Parks/Forestry Departments. Proper insurance coverage received and approved.)
 
C. Approval of the request from Anesthesia Business Consultants to close the following streets from 5:00 p.m. Friday, September 15, 2006, through 7:00 a.m. on Monday, September 18, 2006, for their move from 744 W. Michigan Avenue to 255 W. Michigan Avenue:
 
1. Cortland Street from Blackstone Street to Jackson Street all day Saturday, September 16, 2006.
 
2. Michigan Avenue from the alley west of the building to Jackson Street from 5:00 p.m., Friday, September 15, 2006, to 7:00 a.m., Saturday, September 16, 2006, and from 7:00 a.m., Sunday, September 17, 2006, through 7:00 a.m., Monday, September 18, 2006.
 
3. Hayes Street from Michigan Avenue to Pearl Street from 5:00 p.m., Friday, September 15, 2006, to 7:00 a.m., Saturday, September 16, 2006, and from 7:00 a.m., Sunday, September 17, 2006, through 7:00 a.m., Monday, September 18, 2006.
 
(Recommended approval received from the Police, Fire and Traffic Engineering Departments, and the Downtown Development Authority.
 
Proper insurance coverage received and approved.)
 
D. Approval of the request from the Ordinance Review Committee Workshop Chairperson for the City Council to continue to delay enforcement of the Sign Ordinance Nonconforming Use provision for an additional four (4) months (to the end of January 2007), and set this matter over for the second meeting in January 2007 when that date is established.
 
E. Removed for separate consideration.
 
F. Approval of Traffic Control Order No. 1933 establishing the center lane as a left-turn lane for westbound traffic on South Street, in accordance with the recommendation of the City Engineer.
 
G. Approval of Traffic Control Order Nos. 1934 through 1938 regarding Wildwood Avenue parking, in accordance with the recommendation of the City Engineer.
 
H. Approval of the low bid award to Spicer Group, St. Johns, Michigan, in the amount of $13,400.00, for topographic mapping services, and authorization for the Mayor and City Clerk to execute the appropriate contract documents), in accordance with the recommendation of the City Engineer and the Purchasing Agent.
 
I. Removed for separate consideration.
 
J. Approval of a change order request from the Community Action Agency to grant an extension through December 31, 2006, to the Community Development Block Grant (CDBG) funds subrecipient agreement (remaining balance of $9,224.29), for acquisition of property in the Partnership Park neighborhood area, in accordance with the recommendation of the Community Development Director.
 
K. Approval of the request to make the reclassification of the Community Development Grant Coordinator, Class Grade 11, position retroactive to June 20, 2005, in accordance with the recommendation of the Director of Personnel and Labor Relations and the Community Development Director.
 
L. Approval of the sale of the tax reverted property located at 309 Damon Street (vacant lot), with a purchase price of $1,400.00, and (2) authorization to negotiate a development agreement for redevelopment of the property, and (3) authorization to make minor modifications to the purchase agreement and development agreement, and (4) approval of the City Attorney, in accordance with the recommendation of the Community Development Director.
 
M. Approval of the sale of the tax reverted property located at 925 Russell Street (vacant lot), with a purchase price of $2,000.00, and (2) authorization to negotiate a development agreement for redevelopment of the property, and (3) authorization to make minor modifications to the purchase agreement and development agreement, and (4) approval of the City Attorney, in accordance with the recommendation of the Community Development Director.
 
N. Removed for separate consideration.
 
O. Approval of the sale of the City owned property located at 1604 First Street to Jackson Affordable Housing Corporation (JAHC), with a purchase price of $1.00, for rehabilitation under the Single Family Purchase Program, and authorization for the Mayor and City Clerk to execute the quit claim deed, subject to minor modifications and approval by the City Attorney, in accordance with the recommendation of the Community Development Director
 
P. Approval of the sale of the City owned property located at 801-803 Greenwood Avenue, with a purchase price of $300.00, or authorization for staff to renegotiate the price, and (2) to negotiate a development agreement for the redevelopment of the property, and (3) the purchase agreement and development agreement are subject to minor modifications and approval by the City Attorney, in accordance with the recommendation of the Community Development Director.
 
Q. Removed for separate consideration.
 
R. Receipt of the administrative amendment to the City's Personnel Policy related to the current vacant position in the City Assessor's office, in accordance with the recommendation of the Director of Personnel and Labor Relations.
 
S. Receipt of Summons and Complaint filed in Circuit Court by U. S. Bank National Association v. City of Jackson regarding demolition of property located at 1011 Second Court, and referral to the City Attorney for appropriate action.
 
T. Receipt of the City Engineer's traffic study on Brown Street between Denton Road and High Street.
 
U. Receipt of the Dangerous Building Status Report through August 31, 2006.
 
V. Receipt of the City of Jackson's summary of revenue and expenditures for the one (1) month ended July 31, 2006.
 
W. Establishment of September 26, 2006, at the City Council meeting as the time and place to hold a public hearing on the request from Die-Namic Tool & Design, LLC, to designate property encompassing 147 and 155 Hobart Street as an Industrial Development District.
 
X. Establishment of September 26, 2006, at the City Council meeting as the time and place to hold a public hearing on the (second) application for an Industrial Facilities Exemption Certificate filed by Technique, Inc., 2427 Research Drive.
 
CONSENT CALENDAR ITEM E.
 
Approval of the Jackson County Enhanced Emergency 911 Services invoice, in the amount of $10,832.50, for the period of April through June 2006, in accordance with the recommendation of the City Manager
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the invoice. 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 a report on the amount of money City residents pay to the County for this service.
 
CONSENT CALENDAR ITEM I.
 
Approval of the request from the Public Art Committee of the Arts and Cultural Alliance of Jackson County for the purchase of the Ken Thompson sculpture, Stacked Arch, in the amount of $18,750.00, in accordance with the recommendation of the City Manager.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to authorize the purchase of the sculpture. 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 ITEM N.
 
Approval of the sale of the City owned property located at 1207 Pringle Street to the Greater Jackson Habitat for Humanity, with a purchase price of $1.00, or authorization for staff to renegotiate the price, subject to minor modifications and approval by the City Attorney, in accordance with the recommendation of the Community Development Director.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Ludwig to approve the sale with a purchase price of $1.00. 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 ITEM Q.
 
Approval of the changes to the 911 Services Agreement between the City and Jackson County, in accordance with the recommendation of the Chief of Police.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to postpone action on this matter until the next regularly scheduled Council meeting. 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.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE (FIRST) 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 Greer and seconded by Councilmember Mure 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 OF NECESSITY FOR STREET CONSTRUCTION ON CLINTON ROAD FROM LANSING AVENUE TO ADAMS STREET.
 
Mayor Griffin opened the public hearing. Property owners Jeff Aldous and Garnet Graves and Don Lemons, on behalf of the Calvary United Methodist Church, all spoke in opposition to the project stating they did not believe it needed to be done. No correspondence was received; 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 Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
 
C. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON CLINTON ROAD FROM ADAMS STREET TO MONROE STREET.
 
Mayor Griffin opened the public hearing. Terry Shellhorn, 1206 Clinton, spoke in opposition to the project. Judy Sowle, 1105 Clinton, spoke in favor of the project. No correspondence was received; the Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION AMENDING THE 2006-2007 BUDGET TO REFLECT RECEIPT OF THE BYRNE JUSTICE ASSISTANCE GRANT (JAG), IN THE AMOUNT OF $28,426.00.
 
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.
 
B. CONSIDERATION OF A RESOLUTION RECOGNIZING THE JACKSON JUNIOR WELFARE LEAGUE AS A NON-PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A STATE OF MICHIGAN CHARITABLE GAMING LICENSE.
 
Motion was made by Councilmember Greer 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.
 
C. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 10, 2006, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4144 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
Motion was made by Councilmember Greer 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.
 
D. CONSIDERATION OF A RESOLUTION ESTABLISHING OCTOBER 10, 2006, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4145 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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.
 
E. CONSIDERATION OF A RESOLUTION ESTABLISHING A LEAD HAZARD CONTROL GRANT FUND AND RELATED BUDGET.
 
Motion was made by Councilmember Mure 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.
 
Councilmember Mead requested a copy of the work plan.
 
ORDINANCES.
 
A. FINAL ADOPTION OF ORDINANCE NO. 2006.14 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 401 PAGE AVENUE FROM C-2 TO R-4.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt Ordinance No. 2006.14. 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. FINAL ADOPTION OF ORDINANCE NO. 2006.15 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING A PORTION OF A PARCEL OF PROPERTY (434 W. NORTH STREET) FROM R-3 TO C-2.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Frounfelker to adopt Ordinance No. 2006.15. 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.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO DLZ, LANSING, MICHIGAN, IN THE AMOUNT OF $163,535.59, FOR DESIGN AND CONSTRUCTION ENGINEERING FOR THE MECHANIC STREET BRIDGE PROJECT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER AND THE PURCHASING AGENT.
 
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.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO CAPITAL CONSULTANTS DESIGN WORKS, LANSING, MICHIGAN, IN THE AMOUNT OF $156,013.00, FOR DESIGN AND CONSTRUCTION ENGINEERING FOR THE MORRELL STREET PROJECT BETWEEN HUPP AND ELM AVENUES, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER AND THE PURCHASING AGENT.
 
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.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO WADE TRIM TAYLOR, MICHIGAN, IN THE AMOUNT OF $131,038.00, FOR DESIGN AND CONSTRUCTION ENGINEERING FOR THE WILDWOOD AVENUE PROJECT BETWEEN DANIEL ROAD AND WEST AVENUE, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER AND THE PURCHASING AGENT.
 
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 Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MCDONALD ROOFING AND SHEET METAL, IN THE AMOUNT OF $42,349.00, FOR PHASES 2 AND 3 FOR ROOF REPLACEMENT AT THE POLICE DEPARTMENT, AND AUTHORIZATION FOR THE CITY MANAGER AND CITY ENGINEER TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER, THE POLICE DEPARTMENT PROPERTY MANAGEMENT COORDINATOR AND THE PURCHASING AGENT.
 
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 Griffin and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE FOLLOWING LOW BID AWARDS FOR COMMUNITY DEVELOPM