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JACKSON CITY COUNCIL MEETING
MINUTES
JANUARY 10, 2012
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. The invocation was given by Councilmember Jaquish.
ROLL CALL.
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, Kimberly Jaquish, Daniel P. Greer, Laura Dwyer Schlecte, Andrew R. Frounfelker and Derek J. Dobies—7. Absent: 0.
Also present: City Manager Larry Shaffer, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, Police Chief Matt Heins, Deputy Fire Chief Dave Wooden, City Assessor David Taylor, City Engineer Jon Dowling, Deputy City Manager/Community Development Director Patrick Burtch and Carmen Ryan from the City Clerk’s office.
AGENDA.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to remove “Agenda Item” from Agenda Item 5 and remove “Non-Agenda Item Citizen” from Agenda Item 17. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Jaquish, Greer and Frounfelker—4. Nays: Mayor Griffin and Councilmembers Schlecte and Dobies—3. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
CITIZEN COMMENTS.
None.
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PRESENTATIONS/PROCLAMATIONS.
A.
PRESENTATION BY THE CITY CLERK OF PROPOSED CITY REAPPORTIONMENT PLANS.
Motion was made by Councilmember Breeding and seconded by Councilmember Schlecte to cancel the presentation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish and Schlecte—4. Nays: Councilmembers Greer, Frounfelker and Dobies--3. Absent: 0.
1.
PUBLIC HEARING ON PROPOSED REAPPORTIONMENT PLANS A, B AND C.
Mayor Griffin opened the public hearing. Arlene Robinson, Jackson County Branch NAACP President, stated that the Executive Committee of the Jackson County Branch NAACP urges the City Council to select Proposal B. The Mayor closed the public hearing.
A.
CONSIDERATION AND SELECTION OF A PROPOSED PLAN; DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ESTABLISHING THE NEW WARD AND PRECINCT BOUNDARIES.
Motion was made by Councilmember Breeding and seconded by Councilmember Schlecte to adopt Plan B. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to direct the City Attorney to prepare an ordinance establishing the new ward and precinct boundaries. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
CONSENT CALENDAR.
Councilmember Frounfelker requested Items C, D and E be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Jaquish to approve the following Consent Calendar, with Items C, D and E removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0. Consent Calendar
A.
Approval of the minutes of the regular City Council meetings of November 29, and December 6, 2011, and the special meeting minutes for December 8, 2011.
B.
Approval of a contract amendment for the Wastewater Treatment Plant Replacement/Upgrade Engineering Contract to Tetra Tech, Inc., Ann Arbor, in the amount of $14,800.00, and authorization for the City Manager to execute the appropriate document, in accordance with the recommendation of the City Engineer/Director of Public Works.
C.
Removed for separate consideration.
D.
Removed for separate consideration.
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E.
Removed for separate consideration.
F.
Receipt with regret the resignation of Jonathan Greene from the JACTS Policy Committee.
G.
Receipt with regret the resignation of Derek Dobies from the Human Relations Commission.
H.
Receipt of a petition circulated by Anthony Raduazo to vacate a 124 foot long portion of a 25 foot wide alley running north and south in Hillside subdivision and referral to staff for appropriate action.
I.
Receipt of the City Treasurer’s Quarterly Report for the first quarter of Fiscal Year 2011-2012.
J.
Receipt of the City of Jackson’s summary of revenue and expenditures for five (5) months ended, November 30, 2011.
K.
Receipt of the CDBG and HOME Financial Summaries through November 30, 2011.
L.
Receipt of the Dangerous Building Report through December 31, 2011.
M.
Receipt of a Complaint filed in the State of Michigan Court of Appeals by the County of Jackson, Michigan, vs. the City of Jackson, and referral to the City Attorney for appropriate action.
N.
Receipt of a Complaint filed in the State of Michigan Court of Appeals by Jackson Coffee Co., and Klein Brothers, LLC, vs. the City of Jackson, and referral to the City Attorney for appropriate action.
O.
Establishment of January 24, 2012, at the City Council meeting as the time and place to hold public hearings on the following Special Assessment Rolls for street construction:
1.
Roll No. 3365 for street repaving on Loomis from Leroy to Argyle Street.
2.
Roll No. 3366 for street repaving on North Street from Cooper to Lansing Avenue.
3.
Roll No. 3367 for street repaving on Mason from Mechanic to Francis Street.
4.
Roll No. 3368 for street repaving on Wilkins from Jackson to Francis Street.
CONSENT CALENDAR ITEMS C, D AND E.
C. Approval of Traffic Control Order (TCO) No. 2100, requiring all traffic at the intersection of First Street and Michigan Avenue to stop prior to entering the intersection, and westbound Michigan Avenue traffic required to turn northbound or southbound onto First Street.
D. Approval of Traffic Control Order (TCO) No. 2101, requiring all eastbound to northbound traffic on Michigan Avenue utilizing the slip ramp to Wildwood Avenue to yield the right-of-way to westbound traffic on Wildwood Avenue; and westbound traffic on Wildwood Avenue approaching the slip ramp shall be prohibited from turning left (southbound) into the slip ramp.
E. Approval of Traffic Control Order (TCO) No. 2102, that on the north side of Michigan Avenue from Steward Street to 150 feet east of Steward Street, parking shall be prohibited. From 150 feet east of Steward to 250 feet east of Steward, parallel parking shall be permitted, from 250 feet east of Steward to 35 feet west of First Street, angle parking shall be permitted. On the south side of Michigan Avenue from Steward to First Street, parking shall be prohibited.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve Traffic Control Order Nos. 2100, 2101 and 2102 – Items C, D and E. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Greer, Schlecte, Frounfelker and Dobies—6. Nays: Councilmember Breeding--1. Absent: 0.
COMMITTEE REPORTS
None.
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APPOINTMENTS.
A.
APPROVAL OF THE APPOINTMENT AND REAPPOINTMENT OF THE MAYOR AND CITY COUNCILMEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES.
Motion was made by Councilmember Greer to concur with the recommendation except to appoint Mayor Griffin and Councilmembers Greer and Breeding to the City Affairs Committee and appoint Mayor Griffin and Councilmembers Schlecte and Frounfelker to the Rules and Personnel Committee. The motion died for lack of a second.
Motion was made by Councilmember Breeding to confirm all appointments by the Mayor and that the Council selects persons for Council Committees. Councilmember Breeding withdrew his motion.
Motion was made by Councilmember Breeding and seconded by Councilmember Dobies to confirm the appointments and reappointments. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Schlecte, Frounfelker and Dobies—6. Nays: Councilmember Greer--1. Absent: 0.
B. APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT PAUL A. MCWALTERS TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING OCTOBER 14, 2011, AND ENDING OCTOBER 13, 2014.
D.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT CINDY COLLVER TO THE CITY PLANNING COMMISSION FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2014.
E.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT JOHN POLACZYK TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2015, AND TO REAPPOINT DONNA BLAKE (MIDTOWN ASSOCIATION REPRESENTATIVE) TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM, BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2015.
F.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT JEANNETTE WOODARD AND C. JEAN WEIR TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2014.
G.
ITEM DELETED.
H.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT RANDY MCMUNN TO THE JACKSON COUNTY COMPREHENSIVE TRAFFIC SAFETY PROJECT FOR A TWO-YEAR TERM BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2013.
I.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT PATRICIA ANN DAVIS-DYE TO THE JACKSON HOUSING COMMISSION FOR A
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FIVE-YEAR TERM, BEGINNING OCTOBER 31, 2011, AND ENDING OCTOBER 30, 2016.
J.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO REAPPOINT ELAINE CRAWFORD TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2014.
K.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT PATRICK BURTCH TO THE JACTS POLICY COMMITTEE.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the Mayor’s recommendation on Items B, D, E, F H, I J and K. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
ITEM C.
APPROVAL OF THE MAYOR’S RECOMMENDATION TO APPOINT MARTIN J. GRIFFIN, MAYOR, TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2014.
Motion was made by Councilmember Breeding and seconded by Councilmember Schlecte to approve the Mayor’s recommendation to appoint Martin J. Griffin to the Building Code Board of Appeals. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
None.
RESOLUTIONS.
A.
CONSIDERATION OF A RESOLUTION RECOGNIZING END HUNGER IN JACKSON AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF A RESOLUTION ESTABLISHING RECEIVING BOARDS FOR ELECTIONS HELD IN THE CITY IN 2012.
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, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
1/10/12 6
C.
CONSIDERATION OF A RESOLUTION AMENDING THE EXISTING ICMA-RC SECTION 401 GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST.
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, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
D.
CONSIDERATION OF A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2011-2012 TO REALLOCATE CODE ENFORCEMENT FUNDS TO THE CITY ATTORNEY’S OFFICE.
Motion was made by Councilmember Greer and seconded by Councilmember Schlecte to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
E.
CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), IN THE AMOUNT OF $8,615,721.00 (CITY’S SHARE IS $102,098.00) FOR RECONSTRUCTION AND WIDENING WORK ON WEST AVENUE BETWEEN WILDWOOD AVENUE AND GANSON STREET; INCLUDING STORM SEWER, SANITARY SEWER, AND WATERMAIN REPLACEMENT, AND REMOVAL AND REPLACEMENT OF STRUCTURE R01 OF 38072 WHICH CARRIES WEST AVENUE OVER THE NORFOLK SOUTHERN RAILROAD; ALL TOGETHER WITH NECESSARY RELATED WORK, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
Motion was made by Councilmember Schlecte and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
F.
CONSIDERATION OF A RESOLUTION RECOMMENDING THE UNITED STATES CONGRESS RECOGNIZE THE IMPORTANCE OF THE F-35 JOINT STRIKE FIGHTER TO THE CITY OF JACKSON, THE STATE OF MICHIGAN, THE UNITED STATES AND OUR ALLIES AROUND THE WORLD BY SUPPORTING FUNDING FOR THE F-35 PROGRAM.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolution. Councilmember Frounfelker withdrew his motion.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolution, amended as follows. For transmittal of the resolution, include Congressman Walberg, the U. S. Senate Majority Leader, and capitalize Congressional (last paragraph). The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
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ORDINANCES.
A.
FINAL ADOPTION OF ORDINANCE NO. 2012.1 DECLARING AN ADDITIONAL, TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF OPERATIONS, AND THE ISSUANCE OF PERMITS OR LICENSES FOR OPERATIONS THAT RELATE TO EITHER THE CULTIVATION, DISPENSING, OR USE OF MEDICAL MARIHUANA IN THE CITY OF JACKSON.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2012.1. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Jaquish, Greer, Schlecte, Frounfelker and Dobies—6. Nays: Councilmember Breeding--1. Absent: 0.
OTHER BUSINESS.
None.
NEW BUSINESS.
A.
CONSIDERATION OF THE PROPOSED LETTER OF AGREEMENT BETWEEN THE CITY AND THE POLICE OFFICERS LABOR COUNCIL SUPERVISORY UNIT (POLC-S) EXTENDING THE COLLECTIVE BARGAINING AGREEMENT TO MARCH 31, 2012.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the Letter of Agreement. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
B.
CONSIDERATION OF THE PROPOSED LETTER OF AGREEMENT BETWEEN THE CITY AND THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE) EXTENDING THE COLLECTIVE BARGAINING AGREEMENT TO MARCH 31, 2012.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the Letter of Agreement. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
C.
CONSIDERATION OF THE REQUEST TO APPROVE A CONTRACT AWARD FOR THE WEST AVENUE AND FOURTH STREET TRAFFIC STUDY TO HUBBEL, ROTH & CLARK, BLOOMFIELD HILLS, IN THE AMOUNT OF $35,636.94, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PURCHASING AGENT AND THE CITY ENGINEER/DIRECTOR OF PUBLIC WORKS.
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, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
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Councilmember Breeding requested that tally sheets for the rankings be attached to agenda items in the future.
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION.
Motion was made by Councilmember Greer and seconded by Councilmember Dobies to go into closed executive session. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to return to open session. The motion was adopted by unanimous voice vote.
AGENDA AMENDMENT.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to amend the agenda by adding an item relating to the storm water ordinance litigation. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
STORM WATER ORDINANCE LITIGATION.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to engage the firm of Miller Canfield to assist with the storm water ordinance litigation. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte, Frounfelker and Dobies—7. Nays: 0. Absent: 0.
COUNCIL AND MANAGER COMMENTS. Councilmember Schlecte reported that she has developed a 4th Ward website (lauradwyerschlecte.com), which will contain statistics and explanations of her votes. Any feedback from Councilmembers will be appreciated. Councilmember Frounfelker announced he will conduct a 5th Ward neighborhood meeting on January 31 at 7:00 p.m. in the Council Chambers. Topic will be an update on what is going on in the City with a question and answer session. Councilmember Greer announced an MML Region 2 get-together on January 20 at the Armory Arts from 5:00 – 7:00 p.m. Hopefully all Councilmembers will be able to attend and help host this event for their peers around the State. Mayor Griffin stated he has noticed many streetlights out – all over the City. He asked if we could get something on the City’s website where citizens can report these. He announced that a task force is being formed and Councilmember Dobies is working to put that together. Councilmember Dobies announced that the task force will bring back the Intergovernmental Cooperation Committee, seeking ways to further engage the public in city affairs and allowing for more public over site. Other objectives will be to encourage intergovernmental cooperation, enhance accountability, track performance, cut spending and find new ways to use technology.
1/10/12 9
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:18 p.m.
Lynn Fessel
City Clerk