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MAY 23, 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 7:00 p.m. by Mayor Martin J. Griffin.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Ludwig 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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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.
 
Kathleen Conley, representing the Human Relations Commission, invited everyone to attend the Harold White Memorial Volunteer Award Breakfast on June 14, 2006, at the Cascades Manor House.
 
CONSENT CALENDAR.
 
Councilmember Breeding noted that he prepared an example for his request regarding the CDBG monthly financial statements.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer 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 May 9, 2006.
 
B. Approval of the minutes of the special City Council meeting of May 11, 2006.
 
C. Approval of miscellaneous City license renewals for the year May 1, 2006, through April 30, 2007, in accordance with the recommendation of the City Clerk.
 
D. Approval of the request from Jackson Community College to conduct the 36th annual Rose Run/Walk on Saturday, June 10, 2006, beginning at 7:00 a.m., with police assistance. (Recommended approval received from the Police, Fire and Parks/Forestry Departments. Proper insurance coverage received and approved.)
 
E. Approval of the request from the Jackson County Wellness Team to conduct the 9th annual Treasure Walk on Thursday, June 8, 2006, beginning at 11:30 a.m. (Recommended approval received from the Police, Fire, Parks/Forestry, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received and approved.)
 
F. Approval of the request from Joe Wiginton, The Crazy Cowboy, LLC for (1) authorization for temporary added space and temporary entertainment permit on Friday and Saturday, June 9 and 10, 2006, and (2) to close Mechanic Street between Cortland Street and Washington Avenue from 3:00 p.m. on Friday, June 9th until 12:00 p.m. (noon) on Sunday, June 11th to conduct a Street Fiesta on Friday and Saturday, June 9 and 10, 2006, from 3:00 p.m. until 1:00 a.m., in conjunction with the Wheels of Thunder event. (Recommended approval received from the Police (walk-throughs only), Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority (with contingencies). Proper insurance coverage received and approved.)
 
G. Approval of Traffic Control Order No. 1911 prohibiting parking on the west side of Waterloo Avenue near Homewild, in accordance with the recommendation of the City Engineer.
 
H. Approval of Traffic Control Order Nos. 1928 and 1929 regarding stop signs at the intersection of Dewey Avenue and Morris Street, and Morris Street and Sparks Street respectively, in accordance with the recommendation of the City Engineer.
 
I. Receipt of a memorandum from Region 2 Planning Commission regarding private prison-related uses and referral to the City Planning Commission for appropriate action.
 
J. Receipt of the Community Development Department's Dangerous Building Status Report through April 30, 2006.
 
K. Receipt of the Community Development Department's April 2006 Financial Report.
 
L. Receipt of notice of administrative changes to the Personnel Policy adding a new title and classification in the Occupational List of Class Titles and upgrading a current MAPE position.
 
M. Receipt of the City of Jackson's summary of revenue and expenditures for the ten (10) months ended April 30, 2006.
 
N. Approval of the request from Region 2 Planning Commission to hold public hearings on allowing auto washing stations in the I-2 (general industrial) district, while making the stations a conditional use in all of the districts in which they are allowed.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT WILLIAM R. ROSS TO THE CITY OF JACKSON BUILDING AUTHORITY, BEGINNING JULY 1, 2006, AND ENDING JUNE 30, 2009.
 
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.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT WILLIAM R. ROSS AND MARTIN J. GRIFFIN TO THE LOCAL DEVELOPMENT FINANCE AUTHORITY FOR A FOUR-YEAR TERM EACH, BEGINNING JUNE 4, 2006, AND ENDING JUNE 30, 2010.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig 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 NECESSITY OF STREETSCAPE CONSTRUCTION ON JACKSON STREET FROM LOUIS GLICK HIGHWAY TO WASHINGTON AVENUE.
 
Mayor Griffin opened the public hearing. Daniel Cabage, on behalf of the First Baptist Church, explained that while Church members are supportive of the enhancements, they do have two concerns. These are the removal of the existing green space, currently in place along Jackson Street, and removal and replacement of the existing concrete sidewalk in front of the Church along Jackson Street. The Clerk noted correspondence received from Donald Webb objecting to his assessments (Stencil Nos. 1-0086, 1-0087 and 1-0088). The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE STREETSCAPE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
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 Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
 
B. PUBLIC HEARING ON THE NECESSITY OF STREETSCAPE CONSTRUCTION ON CORTLAND STREET FROM JACKSON STREET TO FRANCIS STREET.
 
Mayor Griffin opened the public hearing. Annette and Greg Walker, owners of Bella Notte Ristorante and the parking lot at 136 W. Cortland, spoke in opposition to the project. Lynn Vermeulen, owner of Vermeulen's Furniture (135 W. Cortland), was hopeful that the Council would postpone or scale down the project so it would be less expensive. The Clerk noted correspondence received from Timothy Magee, US COM (146 W. Cortland), supporting the project. The Mayor closed the public hearing.
 
1. RESOLUTION ORDERING THE STREETSCAPE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Greer to adopt the resolution. Without a second, the motion was not considered.
 
C. PUBLIC HEARING ON THE REQUEST TO REZONE THE PROPERTY LOCATED AT 745 LANSING AVENUE AND FRONTING BLACKSTONE STREET FROM C-2 (COMMUNITY COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL).
 
Mayor Griffin opened the public hearing. Robert Firth, Realtor and Transaction Coordinator between the Moose Lodge and the developer, spoke in support of the project. He referred to supportive correspondence sent to the Council from Dan Evans, Jackson Public Schools Superintendent, and from the Moose Lodge. Lonnie Genix, Moose Lodge Administrator, asked Council to vote for the rezoning. Lionel and Laura Bailey, 410 Northwood Lane, and Patricia Rowley, 412 Northcrest Lane, all spoke in opposition to the rezoning. The Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 745 LANSING AVENUE AND FRONTING BLACKSTONE STREET FROM C-2 TO R-3.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to deny the request to rezone. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Mead, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
 
D. PUBLIC HEARING TO AMEND THE CITY'S BROWNFIELD PLAN TO INCLUDE THE PROPERTY LOCATED AT 1950 WELLWORTH (FORMER OVERHEAD CONVEYOR SITE).
 
Mayor Griffin opened the public hearing. David Duane, Heat Controller Vice President, Finance, explained the reason for the amendment, noting their investment will now be $2M and they have already hired 4 employees. He asked the Council to consider the amendment. The Mayor closed the public hearing.
 
1. RESOLUTION ADOPTING THE AMENDED BROWNFIELD PLAN.
 
Motion was made by Councilmember Mure 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.
 
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to recess as City Council and convene as Board of Review. 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.
 
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4138 FOR DELINQUENT MISCELLANEOUS BUILDING DEPARTMENT FUND ACCOUNTS RECEIVABLE.
 
Mayor Griffin opened the public hearing. Julie Myers, addressed the Council objecting to her proposed assessment. It was explained that the invoice for demolition for a property at 507 N. Milwaukee, AKA 557 N. Cooper, was deleted from this Roll. In addition the invoice for a frozen meter was deleted from Roll #4140. (Both invoices remain active and if not paid or voided will appear on future delinquent accounts receivable assessment rolls.) The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4138.
 
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. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4139 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE.
 
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4139.
 
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.
 
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4140 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE.
 
Mayor Griffin opened the public hearing. Julie Myers addressed the Council regarding the frozen meter invoice mentioned above. The Clerk explained that invoice was removed from this Roll. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4140.
 
Motion was made by Councilmember Mead 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. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4141 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS ACCOUNTS RECEIVABLE.
 
Mayor Griffin opened the public hearing. Charlene Godbold, regarding property at 648 Page, and Cash Peters, regarding property at 233-235 Mason, addressed the Council objecting to their proposed assessments. The Clerk noted correspondence received from John Berkeypile, regarding property at 318 W. Wilkins; Jerry Burchett and Tad French, regarding property at 1300 N. Blackstone, and Mark Fraser, regarding property at 947 Chittock, all objecting to their proposed assessments. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4141.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to adopt the resolution with the proposed assessment for Charlene Godbold removed for investigation. 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.
 
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
 
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker to adjourn as Board of Review and reconvene as City Council. 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 FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM HEELS N WHEELS, INC., TO TRANSFER OWNERSHIP OF A 2005 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 103 W. HIGH STREET, FROM JUANITA V. DIXON; TRANSFER LOCATION TO 419 PARK PLACE, AND REQUEST A NEW ENTERTAINMENT PERMIT AND NEW TOPLESS ACTIVITY PERMIT. (ACTION ON ITEM POSTPONED AT THE MAY 9, 2006, CITY COUNCIL MEETING.)
 
Councilmember Greer disclosed that the applicant and the owner of the property were customers at former employers.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to adopt the resolution. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-5. Nays: Mayor Griffin and Councilmember Ludwig-2. Absent: 0.
 
B. CONSIDERATION OF A RESOLUTION AMENDING SEWER RATES FOR DIRECT CITY BILLED CUSTOMERS WITH A RECOMMENDED INCREASE OF 4.8%, EFFECTIVE JULY 1, 2006.
 
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 Greer, Mead, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
 
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 HOME PROGRAM BUDGET, IN THE AMOUNT OF $40,000.00, FOR A JACKSON AFFORDABLE HOUSING CORPORATION (JAHC) NEW CONSTRUCTION PROJECT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mead 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.
 
ORDINANCES.
 
A. CONSIDERATION OF AN ORDINANCE ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the ordinances (for Administrative and Supervisory Employees and the City Assessor) and place them on the next regular Council meeting agenda for final adoption. 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. FORMAL ACTION REGARDING THE PROPOSED FISCAL YEAR 2006-2007 ANNUAL BUDGET:
 
1. RESOLUTION ADOPTING THE FISCAL YEAR 2006-2007 ANNUAL BUDGET PROVIDING APPROPRIATIONS FOR VARIOUS FUNDS (EXCEPT FOR THE CDBG FUNDS, WHICH ARE ADOPTED SEPARATELY), AMENDING THE CURRENT FISCAL YEAR 2005-2006 BUDGET TO THOSE AMOUNTS PROJECTED, AND ORDERING A TAX LEVY.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Frounfelker to adopt the budget resolution, with an amendment to reflect $25,000 for the DDA operating fund (999.285). 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.
 
B. CONSIDERATION OF THE REQUEST TO AUTHORIZE REGION 2 PLANNING COMMISSION TO CONDUCT A STUDY OF FIRE PROTECTION SERVICES IN THE JACKSON METROPOLITAN AREA, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
 
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 Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: Councilmember Breeding-1. Absent: 0.
 
C. CONSIDERATION OF THE REQUEST FROM JOE WIGINTON, THE CRAZY COWBOY, LLC FOR (1) AUTHORIZATION FOR TEMPORARY ADDED SPACE AND TEMPORARY ENTERTAINMENT PERMIT ON FRIDAYS AND SATURDAYS, JUNE 16, 17, JULY 28, 29, AND AUGUST 18 AND 19, 2006, AND (2) CLOSE MECHANIC STREET BETWEEN CORTLAND STREET AND WASHINGTON AVENUE, BEGINNING AT 5:00 P.M. ON FRIDAYS, JUNE 16, JULY 28, AND AUGUST 18, 2006 UNTIL BEFORE 12:00 P.M. (NOON) ON SUNDAYS, JUNE 18, JULY 30, AND AUGUST 20, 2006.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to allow the Crazy Cowboy to use City Parking Lot #9 and the alley between Cortland and Washington, as appropriate and with the same size dimensions as in the application, and to follow the requirements by the Police Chief, the DDA and other City Departments and approve the request for temporary authorization for temporary added space and entertainment permit. 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 Ludwig believes for-profit businesses should absorb some of the costs incurred by the City for these events.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO CONCORD EXCAVATING, CONCORD, MICHIGAN, IN THE AMOUNT OF $389,171.90, FOR THE SEYMOUR ROAD AND LOOMIS STREET RECONSTRUCTION AND WATER MAIN 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, DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mure 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.
 
E. Moved to Item #7 N.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Greer wished his father a happy 66th birthday. He thanked everyone for their thoughts and explained his father is doing better.
 
Councilmember Ludwig wished his father, who just turned 92, a happy birthday.
 
ADJOURNMENT.