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JUNE 13, 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 Mure gave the invocation.
 
ROLL CALL.
 
Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, William A. Mure, Sarah E. Mead, Andrew R. Frounfelker and Jerry F. Ludwig-6. Absent with excuse: Councilmember Daniel P. Greer-1.
 
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 Frounfelker and seconded by Councilmember Ludwig to add Item 14. F. to the agenda, a request from Bella Notte Ristorante for temporary authorization for temporary outdoor service. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
Mayor Griffin noted a correction to Item 7. Q. The date for the public hearing is July 18, 2006.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to adopt the agenda, with the above noted addition and correction. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. FLORENCE CRITTENTON SERVICES WILL PRESENT AWARDS TO THE WINNERS OF THE “DO THE RIGHT THING” PROGRAM.
 
Florence Crittenton Board Member Thomas Burke presented awards to: Travis Reeter, a 12th grade student at Napoleon High School, Paige Rochefort, a 4th grade student at Keicher Elementary, Aaliyah Martin, a 3rd grade student at Hunt Elementary and Zachary Lucas (not present), a 5th grade student at East Jackson Memorial.
 
CITIZEN COMMENTS.
 
Mark Carpenter, on behalf of the Greater Jackson Chamber of Commerce, reported on the success of the Wheels of Thunder event and thanked the City Council, City staff, the DDA and downtown merchants for their support.
 
Patrick Colligan and Todd Sanford (The Rocket), Philip Field (The Town Bar), and John Gould (The Grotto Club) all spoke in opposition to the Crazy Cowboy being allowed to use City Parking Lot No. 9 for their events.
 
Brian Surgener, owner of 201 S. Mechanic, spoke in support of the streetscape project on Cortland Street.
 
Greg Walker, owner of Belle Notte Ristorante, asked Council to support his request for temporary outdoor service and praised the Wheels of Thunder event.
 
CONSENT CALENDAR.
 
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 Item E removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
 Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of May 23, 2006.
 
B. Approval of the request from Kathryn Latocki to conduct a Summer Celebration on Tuesdays, June 20, September 19 and October 17, 2006, beginning at 11:00 a.m. in Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
 
C. Approval of the request from the Southside Reunion, Inc. to conduct their Southside Reunion Celebration on Saturday, August 12, 2006, at the Martin Luther King Center and playground area, beginning at dawn. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Hold Harmless Agreement executed in lieu of insurance coverage.)
 
D. 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.
 
E. Removed for separate consideration.
 
F. Approval of the request from the Jackson Community College Office of Multicultural Relations to hold the Juneteenth Music Festival 2006 at the Riverwalk Amphitheater on Saturday, June 17, 2006, from 8:00 a.m. until 12:00 a.m. (event 2:00 p.m. until 10:00 p.m.). (Approval recommended by the Police, Fire and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Proper insurance coverage received.)
 
G. Approval of the request from the Downtown Development Authority to hold the Budweiser Jackson Jam at the Riverwalk Amphitheater on Fridays, July 14 and 21, and August 4, 11, and 18, 2006, from 4:30 p.m. until 8:00 p.m. (event 6:00 p.m. until 8:00 p.m.). (Approval recommended by the Police, Fire and Public Services Departments and the Amphitheater Review Committee. Proper insurance coverage received.)
 
H. Approval of the request from Lonnie Genix, Jackson Loyal Order of Moose #156, to split the property located at 745 Lansing Avenue and 800 N. Blackstone Street, in accordance with the recommendation of the City Assessor.
 
I. Authorization to submit a Capital Projects Grant Application to the Michigan Council for the Arts and Cultural Affairs (MCACA), in the amount of $127,800.00, on behalf of the Ella Sharp Museum, in accordance with the recommendation of the Community Development Director.
 
J. Receipt of the Dangerous Building Status Report through May 31, 2006.
 
K. Receipt of petitions filed by Kinder Morgan Michigan, LLC and Alpha Gen Power, LLC with the Michigan Tax Tribunal and referral to the City Assessor and City Attorney for appropriate action.
 
L. Receipt of Summons and Complaint, Motion to Quash Demolition Order, Ex-Parte Temporary Restraining Order and Order to Show Cause filed by U. S. Bank National Association vs. City of Jackson regarding the order to demolish a dangerous structure at 335 W. Biddle Street and referral to the City Attorney for appropriate action.
 
M. Deleted.
 
N. Receipt of the City Engineer's report for street construction on Norfolk Street from Wisner Street to Bowen Street, and establishment of June 27, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
O. Receipt of the City Engineer's report for street construction on Union Street from West Avenue to Sixth Street, and establishment of June 27, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
 
P. Receipt of the Community Development Department CDBG Financial Report through May 25, 2006.
 
Q. Establishment of July 18, 2006, at the City Council meeting as the time and place to hold a public hearing to amend the City's Brownfield Plan to include the properties located at 502-506 E. Prospect Street (former JACO site) and 1911 S. Cooper Street (Mercury Stamping).
 
CONSENT CALENDAR ITEM E.
 
Approval of the request from the Assistant City Attorney to write-off delinquent accounts receivable invoices, in the amount of $17,094.13.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to postpone action on this item until the next regular City Council meeting. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
COMMITTEE REPORTS.
 
A. RECEIPT OF REPORTS FROM THE CITY AFFAIRS COMMITTEE.
 
1. CONSIDERATION OF THE RECOMMENDATION TO ENTER INTO A CONTRACT WITH PLANTE-MORAN TO PERFORM THE CITY'S ANNUAL AUDIT, BEGINNING WITH FISCAL YEAR 2006 AND ENDING WITH FISCAL YEAR 2010, IN THE AMOUNTS SPECIFIED IN THE PROPOSAL, AND AUTHORIZATION FOR THE FINANCE DIRECTOR TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY AFFAIRS COMMITTEE.
 
Councilmember Ludwig reported that the City Affairs Committee voted unanimously to recommend entering into a contract with Plante-Moran, but after further investigation he would like to change the recommendation.
 
Motion was made by Councilmember Ludwig and seconded by Mayor Griffin to change the recommendation and award the contract to Rehmann Robson.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead that the recommendation and report be referred back to the City Affairs Committee for another recommendation. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-5. Nays: Mayor Griffin-1. Absent: Councilmember Greer-1.
 
2. CONSIDERATION OF THE RECOMMENDATION TO APPROVE THE PROPOSED TOOL AND DIE RECOVERY ZONE POLICY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY AFFAIRS COMMITTEE.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to approve the policy. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Mead, Frounfelker and Ludwig-5. Nays: Councilmember Breeding-1. Absent: Councilmember Greer-1.
 
B. RECEIPT OF THE ORDINANCE REVIEW COMMITTEE REPORT.
 
1. CONSIDERATION OF THE REQUEST FROM THE ORDINANCE REVIEW COMMITTEE FOR THE CITY TO CONTINUE TO DELAY ENFORCEMENT OF THE NON-CONFORMING SIGN PROVISIONS OF THE SIGN ORDINANCE FOR AN ADDITIONAL THREE (3) MONTHS. (CITY COUNCIL APPROVED A SIX (6) MONTH DELAY OF ENFORCEMENT AT THEIR DECEMBER 13, 2005, CITY COUNCIL MEETING.)
 
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, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
APPOINTMENTS.
 
None.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE REQUEST FROM AK KUSTERER III, LLC FOR A DEVELOPMENT DISTRICT TAVERN LICENSE AT 401 N. MECHANIC STREET, ANNA'S PORCH CAFÉ.
 
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. CONSIDERATION OF A RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST.
 
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 Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NO. 7-0460 FROM ASSESSMENT ROLL NO. 4134 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
 
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, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
B. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 AND THE 2006-2007 BUDGET TO ESTABLISH A BUDGET FOR THE NEW WATERFRONT REDEVELOPMENT GRANT FUND AND TO CORRECT THE OMISSION OF THE PROPOSED BUDGET ACTIVITY FOR 2006-2007 FOR THE BROWNFIELD ASSESSMENT GRANT FUND, IN ACCORDANCE WITH THE RECOMMENDATION OF THE FINANCE DIRECTOR.
 
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, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET, IN THE AMOUNT OF $2,220.00, FOR REPAIRS TO THE CITY-OWNED SMALL BUSINESS & TECHNOLOGY DEVELOPMENT CENTER LOCATED AT 400-414 N. JACKSON STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
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 Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
ORDINANCES.
 
A. FINAL ADOPTION OF ORDINANCE NO. 469 ESTABLISHING COMPENSATION RATES FOR ADMINISTRATIVE AND SUPERVISORY EMPLOYEES OF THE CITY OF JACKSON.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to adopt Ordinance No. 469. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
B. FINAL ADOPTION OF ORDINANCE NO. 470 ESTABLISHING COMPENSATION RATES FOR THE CITY ASSESSOR.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Ludwig to adopt Ordinance No. 470. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE CHANGE ORDER NO. 17 TO THE CONTRACT WITH GRANGER CONSTRUCTION COMPANY, IN THE AMOUNT OF $34,618.54, FOR WORK RELATED TO THE CITY HALL RENOVATION PROJECT, 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.
 
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 Mure, Mead, Frounfelker and Ludwig-5. Nays: Councilmember Breeding-1. Absent: Councilmember Greer-1.
 
B. Deleted.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE OF NEW AERIAL PHOTOGRAPHY SERVICES THROUGH JACKSON COUNTY, WITH THE CITY'S COST IN THE AMOUNT OF $40,000.00, AND AUTHORIZATION FOR THE DIRECTOR OF PUBLIC SERVICES TO EXECUTE AN AUTHORIZED SUBDIVISION USER AGREEMENT UNDER THE LICENSE AGREEMENT BETWEEN JACKSON COUNTY AND PICTOMETRY INTERNATIONAL CORPORATION FOR SAID PRODUCTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE CONTRACT BETWEEN THE CITY AND THE JACKSON COUNTY ROAD COMMISSION, WITH AN ESTIMATED CONTRACT VALUE OF $188,787.50, FOR THE SEAL COATING OF VARIOUS CITY STREETS, AND AUTHORIZATION FOR THE CITY MANAGER AND DIRECTOR OF PUBLIC SERVICES TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE INSURANCE RENEWAL PREMIUM WITH THE MICHIGAN MUNICIPAL LEAGUE LIABILITY AND PROPERTY POOL, IN THE AMOUNT OF $469,454.00, FOR FISCAL YEAR 2006-2007, AND AUTHORIZATION FOR CITY STAFF TO PAY THE PREMIUM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER AND THE CITY ATTORNEY.
 
Motion was made by Councilmember Mead and seconded by Councilmember Ludwig to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
F. THIS ITEM WAS ADDED WHEN THE AGENDA WAS ADOPTED:
 
CONSIDERATION OF THE REQUEST FROM PREGO LLC, DBA BELLA NOTTE RISTORANTE, FOR TEMPORARY AUTHORIZATION FOR TEMPORARY OUTDOOR SERVICE THROUGH NOVEMBER 1, 2006, AT 137 W. MICHIGAN AVENUE.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Mure to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Breeding inquired about the City Manager's memo regarding Woodbridge and the submitted petition and asked if the request is to close Woodbridge at Union or Greenwood.
 
He also remarked that he was driving east on Washington and noticed you can't see the first sign just east of Francis on Washington.
 
Councilmember Mure asked Fire Chief Larry Bosell to explain what types of fire pits are legal to use in the City. Chief Bosell distributed page 670 of the City Code and referenced Section F-403.0. Outdoor burning. He further explained that if you purchase a unit at a local, commercial store and you don't burn garbage, leaves or paper, the Fire Department will consider it to be legal. He also reported the rescue truck will go into business on June 14.
 
Councilmember Mead explained she is bothered by the lack of input from the affected business owners regarding the Crazy Cowboy issue. She asked the City Manager to revisit this issue, exploring the alley option, and report back to Council.
 
Councilmember Frounfelker asked staff to look into a streamlined notification process for all special events. He also asked if a policy could be looked into regarding charge backs to for-profit businesses for their special events.
 
Councilmember Ludwig inquired what the status is on the striping and marking of City streets. The City Engineer stated it will start tonight.
 
Mayor Griffin asked if it would be possible for packets to be delivered to Councilmembers' homes on Thursdays.
 
The City Manager reported on his memorandum regarding the closing of one-half of Brown Street between Randolph and Denton in front of the Cascades falls on an experimental basis, as directed by Council.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Ludwig and seconded by Councilmember Mure to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:10 p.m.
 
Lynn Fessel
 
City Clerk