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MARCH 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 7:00 p.m. by Vice Mayor Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Mure gave the invocation.
 
ROLL CALL.
 
Present: Vice Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead and Andrew R. Frounfelker-6. Absent with excuse: Mayor Martin J. Griffin-1.
 
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to adopt the agenda. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. SPEECHES AND PRESENTATION OF AWARDS TO FOUR FIRST PLACE WINNERS OF THE HUMAN RELATIONS COMMISSION 16TH ANNUAL TERESSA DELPH ESSAY/ORATORICAL CONTEST.
 
FOURTH AND FIFTH GRADES - WILLIAM WICKENS, FROST ELEMENTARY SCHOOL
 
SIXTH GRADE - ZACHERY ROBINSON, FROST SCHOOL
 
SEVENTH AND EIGHTH GRADES - JEVON BLACKWELL, MIDDLE SCHOOL AT PARKSIDE
 
TWELFTH GRADE - KATIE STAFFORD, WESTERN HIGH SCHOOL
 
Assistant City Manager Richard Marsh gave a brief history of the contest and introduced HRC members Teressa Delph, Ed Peterson and Alice Lewis. He then introduced William Wickens, Zachery Robinson, JeVon Blackwell and Katie Stafford who delivered their award-winning speeches.
 
CITIZEN COMMENTS.
 
Daryl Campbell introduced himself as a candidate for Representative in Congress, 7th District.
 
CONSENT CALENDAR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
 Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of March 14, 2006.
 
B. Approval of the request from the Family Service & Children's Aid to hold their 4th annual Run for Fun on City streets on Saturday, April 29, 2006, from 8:30 a.m. until 11:00 a.m., beginning and ending at 330 W. Michigan Avenue, with police assistance at major intersections, and closure of W. Michigan Avenue between Blackstone and First Streets. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
 
C. Approval of the request from the American Cancer Society to conduct the Relay for Life on Friday, August 4, 2006, beginning at 6:00 p.m., and concluding on Saturday, August 5, 2006, at 6:00 p.m, and to close Randolph Street between Brown and High Streets, and northbound Brown Street from Denton Road to Randolph Street. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments. Insurance coverage received and approved.)
 
D. Deleted.
 
E. Approval of Traffic Control Order No. 1910 regarding two hour parking on Elm Avenue north of Michigan Avenue, in accordance with the recommendation of the City Engineer.
 
F. Approval of the low bid award to Chapman's Nursery, East Leroy, Michigan, in the amount of $12,750.00, for planting trees in the Community Development Block Grant (CDBG) eligible neighborhoods, in accordance with the recommendation of the Superintendent of Cemeteries, Forestry and Parks and the Purchasing Agent.
 
G. Receipt of a memorandum from the City Planning Commission canceling the public hearing on March 28, 2006, regarding the rezoning of a portion of a parcel of property fronting on Blackstone Street to R-3.
 
H. Receipt of the City of Jackson's summary of revenue and expenditures for the eight (8) months ended February 28, 2006.
 
I. Receipt of the City Engineer's report for street construction on Milwaukee Street from Euclid to High, and establishment of April 11, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
J. Receipt of the City Engineer's report for street construction on Seymour Avenue from Michigan to Ganson, and establishment of April 11, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
K. Receipt of the City Engineer's report for street construction on Ganson Street from Elm to Orange, and establishment of April 11, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
L. Receipt of the City Engineer's report for street construction on Elm Avenue from Homewild to North, and establishment of April 11, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
COMMITTEE REPORTS.
 
A. RECEIPT OF THE RULES AND PERSONNEL COMMITTEE REPORT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the Report. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE REQUEST TO REZONE THE PROPERTY ON THE WEST SIDE OF GRINNELL STREET AND NORTH OF HIGH STREET FROM R-1 (ONE-FAMILY RESIDENTIAL) AND R-6 (RESIDENTIAL AND LOW DENSITY OFFICE) TO R-4 (HIGH DENSITY APARTMENT AND OFFICE). (CITY PLANNING COMMISSION RECOMMENDS DENIAL.)
 
Vice Mayor Ludwig opened the public hearing. Phil Curtis, 4447 Springbrook and owner of the property, spoke in support of the rezoning request. Claudia Fanti, 1003 Union, and Ed Peterson, 1015 S. Grinnell, spoke in favor of the rezoning. Randy McMunn, 1221 S. Bowen, and Bernadette Houchin, 1218 S. Bowen, spoke against the rezoning. Cheryl Potter, 905 Gettysburg, stated the neighborhood is not just about the buildings, but about the people who live there. The Clerk noted correspondence received from 10 residents of Gettysburg and Bowen Streets asking the Council to reject the zoning change. The Vice Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY ON THE WEST SIDE OF GRINNELL STREET AND NORTH OF HIGH STREET FROM R-1 AND R-4 TO R-6.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to concur with the City Planning Commission recommendation to deny the rezoning request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Mure, Greer and Frounfelker-4. Nays: Councilmembers Breeding and Mead-2. Absent: Mayor Griffin-1.
 
B. PUBLIC HEARING ON THE REQUEST FROM CARLTON L. GLICK TO VACATE A PORTION OF MCKAY STREET (FORMALLY KNOWN AS BRYANT STREET), BEING 66 FEET IN WIDTH, RUNNING SOUTH 551.00 FEET FROM THE SOUTH LINE OF ARGYLE STREET TO THE SOUTH LINE OF VACATED MERRILL STREET AND LYING WEST OF LOTS 94 THROUGH 104 AND LYING EAST OF LOTS 105 THROUGH 115, PARK HILL SUBDIVISION. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL SUBJECT TO SECURING AN EASEMENT FOR, AND THE PROHIBITION OF THE PLACING OF A STRUCTURE UPON THE MCKAY STREET RIGHT-OF-WAY.)
 
Vice Mayor Ludwig opened the public hearing. No one spoke; the Vice Mayor closed the public hearing.
 
1. CONSIDERATION OF A RESOLUTION APPROVING THE STREET VACATION.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
C. PUBLIC HEARING ON THE LETTER OF REQUEST FROM ANNA'S PORCH CAFÉ, LOCATED AT 401 N. MECHANIC STREET, FOR A DEVELOPMENT DISTRICT TAVERN LICENSE.
 
Vice Mayor Ludwig opened the public hearing. No one spoke; the Vice Mayor closed the public hearing.
 
1. CONSIDERATION OF A RESOLUTION APPROVING THE REQUEST.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
RESOLUTIONS.
 
A. Moved to Agenda Item #10C.
 
B. CONSIDERATION OF A RESOLUTION AMENDING ARTICLE XVI, SECTIONS XVI-3 B AND XVI-3 C, CITY OF JACKSON PERSONNEL POLICY, RELATED TO PRESCRIPTION DRUG BENEFITS FOR MEMBERS OF THE JACKSON EMPLOYEES RETIREMENT SYSTEM WHO COMMENCED RETIREMENT ON OR AFTER JULY 1, 1987, AS FOLLOWS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY OF JACKSON EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES, FINANCE DIRECTOR AND DIRECTOR OF PERSONNEL AND LABOR RELATIONS:
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to adopt the resolution, with the following inserted after the second “Be It Further Resolved.” Be it further resolved that a committee of the affective group and staff be organized by the City Manager's office to study possible longer term benefit options including a Medicare D subsidy and some type of medical savings account and that the majority of the committee's membership shall be ERS retirees.” The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
1. AUTHORIZE STAFF TO IMPLEMENT A $10/GENERIC/$20 PREFERRED BRAND NAME/$50 NON-PREFERRED BRAND NAME PRESCRIPTION DRUG BENEFIT FOR THE 2006-2007 FISCAL YEAR, USING GENERAL, ENTERPRISE AND OTHER FUNDS TO PROVIDE A PRESCRIPTION DRUG BENEFIT DURING THE 2006-2007 FISCAL YEAR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to authorize staff as outlined above. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
ORDINANCES.
 
A. FINAL ADOPTION OF ORDINANCE NO. 2006.9 APPROVING THE ARMORY ARTS VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT (PUDD).
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt Ordinance No. 2006.9. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 26, SECTIONS 26-66, 26-67, AND 26-68 REQUIRING AN OWNER OR OCCUPANT TO REMOVE FALLEN TREES ON PRIVATE PROPERTY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY ATTORNEY.
 
Motion was made by Councilmember Mead and seconded by Councilmember Mure to approve the Ordinance and place it on the next Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
OLD BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO JOHNNY'S TREE SERVICE, JACKSON, IN THE AMOUNT OF $22,710.00, FOR THE REMOVAL OF TREES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ELIGIBLE NEIGHBORHOODS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF CEMETERIES, FORESTRY AND PARKS AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
B. CONSIDERATION OF THE REQUEST FROM THE FIRE DEPARTMENT TO APPROVE THE SINGLE BID AWARD TO HALT FIRE, WIXOM, MICHIGAN, IN THE AMOUNT OF $101,469.00, FOR THE PURCHASE OF A RESCUE VEHICLE, UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REALLOCATED FUNDS FOR THIS PURCHASE, IN ACCORDANCE WITH THE RECOMMENDATION OF THE FIRE CHIEF AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE CONTRACT WITH CTI AND ASSOCIATES, INC., BRIGHTON, MICHIGAN AT AN APPROXIMATE COST OF $100,655.00, FOR THE 2006 MATERIALS TESTING SERVICES CONTRACT, AND AUTHORIZATION FOR THE CITY CLERK AND CITY MANAGER 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 Mead and seconded by Councilmember Mure to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL TO THE CONTRACT WITH MIKE'S LAWN SERVICE, MICHIGAN CENTER, MICHIGAN, WITH AN ESTIMATED VALUE OF $24,601.55, FOR THE 2006 PRIVATE LOT MOWING CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
E. CONSIDERATION OF THE REQUEST FROM THE DEPARTMENT OF PUBLIC SERVICES TO APPROVE THE PURCHASE OF A PORTABLE ROLL AROUND HOIST FROM GRAY PROFESSIONAL SERVICE EQUIPMENT, IN THE AMOUNT OF $41,660.00, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mead and seconded by Councilmember Mure to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
F. CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL TO THE CONTRACT WITH STRAWSER, INC., WITH A NOT-TO-EXCEED AMOUNT OF $50,739.00, FOR THE CRACK SEAL SERVICES CONTRACT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Vice Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead and Frounfelker-6. Nays: 0. Absent: Mayor Griffin-1.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Mure noted for the record that at the March 14, 2006, Council meeting he voted “yes”, but meant to vote “no”, on the motion to approve the Mayor's recommendation to reappoint Bart Hawley to the Downtown Development Authority.
 
Councilmember Mead praised the latest issue of the City Hall Sentinel newsletter and was particularly pleased to see the article the Department of Public Services and Water included which stated, in part, “let us know about problems we may have missed in your area.” She asked City Engineer Jon Dowling to share information on a neighborhood meeting regarding construction on Wildwood Avenue. Mr. Dowling stated notices were sent to property owners and the meeting will be held in the Jackson High School Library at 7:00 p.m. on March 29.
 
Councilmember Greer encouraged attendance at the Jackson Brownfield Redevelopment Authority meeting (8:30 a.m.) and tour on Wednesday, April 12. He noted that last week state legislation was introduced regarding cable franchising. He requested a copy of the MML packet regarding this and asked the City Manager to comment on his trip to Ireland.
 
Councilmember Breeding requested a report for the First Ward for the time period beginning January 1, 2006, on the number of fires, damage, cause of the damage, how the cause was determined and who made the determination. He also questioned the March 22 memo on CDBG funds, specifically the line item for administration, asking how we will spend the money or can we spend the money. The City Manager responded.
 
Councilmember Frounfelker requested a fire report for the Fifth Ward.
 
The City Manager reported the following:
 
u He will prepare a comprehensive fire report for all wards
 
u Cable franchising information will go out to the Council; a resolution will be on the next agenda
 
u Residents have called to compliment the City Hall Sentinel; reminded Council there is space reserved for their articles
 
u A draft of the by-laws and papers of incorporation for the land bank authority will be included in this Friday's packet
 
u A report on his trip to Ireland will also be included in the packet. He discussed that Carrickfergus sold their port rights to Belfast and the area was a mess. Rejuvenation has been going on for the last 17-18 years and the transition is amazing. He further remarked that they do not hold public hearings on projects, but inquiries which cost around $700,000. He thanked the Council for the opportunity to make this trip to Ireland.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Mead to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:25 p.m.
 
Lynn Fessel
 
City Clerk