CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:03 p.m. by Mayor Martin J. Griffin.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Mead gave the invocation.
The City Manager requested a moment of silence be observed to reflect on the passing of City employee Walter Walker.
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 Mure and seconded by Councilmember Greer 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.
Deborah Collins, 554 Woodward, addressed the Council stating that on April 29 her vehicle was hit by a police officer and she requested that the City repair her vehicle. Mayor Griffin asked that this matter come before the Council at the July 18 meeting. He would like staff to review this and provide a history of what has been done in similar situations.
Gail Mahoney, 114 Moore Street, addressed the Council stating Consumers Energy did meter repairs on Moore and Milwaukee Streets and they have not repaired the damage they did to grass and curbs. She also stated she supports the resolution opposing the proposed ballot amendment to end affirmative action.
Diane Rappleye, 913 Thoms Court, introduced herself as a judicial candidate for probate court.
Brian Surgener, owner of 201 S. Mechanic, spoke in support of the Cortland Street streetscape project asking the Council to approve it.
George Webster, owner of 225 N. Jackson, would like to see Pearl Street closed and Jackson Street opened for cruise nights.
Kristin Hendricks, 225 N. Jackson, urged the Council to support the Complete Streets Resolution.
Stephen Blann, a principal at Rehmann Robson, encouraged the Council to select the firm of Rehmann Robson to perform the City's audit.
CONSENT CALENDAR.
It was noted that the correct date in Item G is August 25, 2006. Councilmember Breeding requested Item N be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the following Consent Calendar, with the date corrected in Item G and Item N 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 June 13, 2006.
B. Approval of the request from Jackson County Parks to close Brown Street in Cascade Falls Park on Friday, August 25, 2006, at 12:00 p.m. through Sunday, August 27, 2006, at 7:00 p.m., for the annual Civil War Muster, and for Class 3 barricade placement to close Brown Street from Randolph Boulevard to Denton Road. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
C. Approval of the request from the Jackson County Rose Festival to close Brown Street from Randolph Boulevard to Denton Road, with Class 3 barricades on Thursday, August 31, 2006, beginning at 12:00 p.m. through 12:00 a.m., on Monday, September 4, 2006, for the Rose Festival End of Summer Celebration, with fireworks and Speed Stacking Festival. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
D. Approval of the request from Calvary Apostolic Church to hold a Crusade at Loomis Park on Saturday, July 22, 2006, beginning at 12:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Proper insurance coverage received and approved.)
E. Approval of the request to award contracts to the listed low bidders for the purchase of bulk chemical treatment supplies for the Water and Wastewater Treatment Plants for fiscal year 2006-2007, in accordance with the recommendation of the Director of Public Services, the Director of Sewage Treatment and Facilities and the Purchasing Agent.
F. Approval of Traffic Control Order No. 1930 establishing parking on the east side of Homecrest, in accordance with the recommendation of the City Engineer.
G. Approval of the request from the Downtown Development Authority to amend the street closure approval for the August 25, 2006, Cruise Night to include Mechanic Street from Cortland Street to Washington Avenue from 4:30 p.m. until 9:00 p.m. (Recommended approval received from the Police, Fire and Traffic Engineering Departments.)
H. Approval of Change Order No. 1 to the contract with Homecrafters, Jackson, Michigan, in the amount of $2,512.00, for additional items related to the Water Department Locker Room Renovation project, 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.
I. Approval of the request to declare Monday, July 3, 2006, as an Employee Appreciation Day for the City of Jackson employees.
J. Receipt of Complaint and Demand for Jury in U. S. District Court filed by Boston Taylor II, a minor, by Pearlean Taylor vs. Jackson Police Officer Larry Jacobson and James K. Haehnle concerning the deprivation of civil rights and referral to the City Attorney for appropriate action.
K. Receipt of Claim of Appeal in Circuit Court filed by John W. Stanowski regarding the State of Michigan Employment Security Board of Review concerning denial of unemployment benefits and referral to the City Attorney for appropriate action.
L. Receipt of the City of Jackson's summary of revenue and expenditures for the eleven (11) months ended May 31, 2006.
M. Deleted.
N. Removed for separate consideration.
O. Receipt of a revised list of delinquent accounts receivable invoices and authorization for the City Attorney's office to write-off these uncollectible debts. (Action on original item postponed at the June 13, 2006, City Council meeting.)
P. Item moved to #13.A.
CONSENT CALENDAR ITEM N.
Receipt of notice of administrative changes to the Personnel Policy in the Occupational List of Class Titles to reflect the addition of a new title and classification in the Personnel Department, and to upgrade a MAPE position in the Water Department, in accordance with the recommendation of the Director of Personnel and Labor Relations.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the notice. 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.
COMMITTEE REPORTS.
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT REGARDING THE CITY'S AUDIT PROPOSALS.
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to recommend
Rehmann Robson to do the audit for a five-year period (initial contract for two years, then a review by the City Affairs Committee, with an option to renew for the next three years).
Motion was made by Councilmember Greer and seconded by Mayor Griffin to call for the question. The following votes were cast: Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3.
Councilmember Breeding stated a 2/3's vote is required to call for the question under Roberts Rules of Order.
Mayor Griffin made a rule of the Chair that Council does not follow Roberts Rules of Order by adoption and he called the question.
The main 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.
Councilmember Breeding stated that the Charter says we should adopt an order of business and certainly we do not have an order and we might want to consider this at a future meeting.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE NECESSITY OF STREET CONSTRUCTION ON NORFOLK STREET FROM WISNER STREET TO BOWEN STREET.
Councilmember Greer left the meeting at 7:38 p.m.
Mayor Griffin opened the public hearing. Grant Bauman, 1105 Norfolk Street, spoke in support of the construction. The City Clerk noted correspondence from Lee and Barbara Shinn, 1106 Norfolk, supporting the project. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT.
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, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Greer-1.
B. PUBLIC HEARING ON THE NECESSITY OF STREET CONSTRUCTION ON UNION STREET FROM WEST AVENUE TO SIXTH STREET.
Mayor Griffin opened the public hearing. Mark Geoghegan, 755 Union, remarked that the area is a mess and hopes that will be fixed. Steve Kish, 757 Union, spoke in support of the construction. Veronica Nelson asked questions about the project; the City Engineer responded. The City Clerk noted correspondence from Eleanor Kuklinski, 764 Union, requesting a reduction in her assessment. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT.
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.
C. PUBLIC HEARING ON THE REQUEST FOR PRELIMINARY PLAN APPROVAL FOR THE PROPOSED ARTISAN PARK PLANNED UNIT DEVELOPMENT DISTRICT (PUDD). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PRELIMINARY SITE PLAN.)
Mayor Griffin opened the public hearing. Leonard Michaels, representing the client, was available to answer questions. The Mayor closed the public hearing.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to approve the preliminary plan. 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. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE ALLOWING WORK RELEASE (HALFWAY) HOUSES AS A PERMITTED USE IN THE I-2 (GENERAL INDUSTRIAL) AND C-4 (GENERAL COMMERCIAL) DISTRICTS. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Griffin opened the public hearing. Gail Mahoney, 114 Moore Street, urged the Council to support this Ordinance. The Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-5, 28-46, 28-71, AND 28-136, CITY CODE, ALLOWING WORK RELEASE (HALFWAY) HOUSES AS A PERMITTED USE IN I-2 AND C-4 DISTRICTS WITH ADDITIONAL DEVELOPMENT REQUIREMENTS.
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to approve the Ordinance and place it on the next regular Council meeting agenda for adoption. 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. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE ALLOWING AUTO WASHING STATIONS AS A CONDITIONAL USE IN MOST COMMERCIAL AND ALL INDUSTRIAL DISTRICTS. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-71 AND 28-150, CITY CODE, ALLOWING AUTO WASHING STATIONS AS A CONDITIONAL USE IN MOST COMMERCIAL AND ALL INDUSTRIAL DISTRICTS WITH ADDITIONAL DEVELOPMENT REQUIREMENTS.
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to approve the Ordinance and place it on the next Council meeting agenda for adoption. 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 THE REQUEST FROM THE WALKABLE COMMUNITIES TASK FORCE TO ADOPT THE COMPLETE STREETS RESOLUTION.
Motion was made by Councilmember Mure 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.
B. CONSIDERATION OF A RESOLUTION DESIGNATING ACCUBILT, INC., 2365 RESEARCH DRIVE, JACKSON, AS A TOOL AND DIE RENAISSANCE RECOVERY ZONE UNDER PUBLIC ACT 376 OF 1996, FOR A DURATION OF EIGHT (8) YEARS.
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 Mure, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding and Mead-2. Absent: Councilmember Greer-1.
C. CONSIDERATION OF A RESOLUTION EXPRESSING OPPOSITION TO THE PROPOSED BALLOT AMENDMENT TO END AFFIRMATIVE ACTION.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding 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.
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 STREET LIGHTING FUND BUDGET TO REFLECT AN INCREASE, IN THE AMOUNT OF $20,000.00, FOR ADDITIONAL EXPENDITURES FOR THE CITY'S STREET LIGHTING, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
Motion was made by Councilmember Frounfelker and seconded by Mayor Griffin to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Mead, Frounfelker and Ludwig-5. Nays: Councilmember Mure-1. Absent: Councilmember Greer-1.
E. CONSIDERATION OF A RESOLUTION ORDERING STREETSCAPE CONSTRUCTION ON CORTLAND STREET FROM BLACKSTONE STREET TO FRANCIS STREET, AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
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 Mure, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding and Mead-2 Absent: Councilmember Greer-1.
F. CONSIDERATION OF A RESOLUTION APPROVING THE COST-PARTICIPATION CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), WITH AN ESTIMATED COST TO THE CITY IN THE AMOUNT OF $814,573.00, FOR STREETSCAPE ON CORTLAND STREET BETWEEN FRANCIS AND BLACKSTONE STREETS, AND JACKSON STREET BETWEEN WASHINGTON AVENUE AND LOUIS GLICK HIGHWAY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK 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 Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding and Mead-2. Absent: Councilmember Greer-1
ORDINANCES.
None.
OTHER BUSINESS.
A. DISCUSSION AND CONSIDERATION OF THE CITY MANAGER'S REPORT REGARDING THE PROPOSED WOODBRIDGE STREET INTERSECTION CLOSURE.
Motion was made by Councilmember Breeding and seconded by Mayor Griffin to receive the City Manager's report. 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.
NEW BUSINESS.
A. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE DOWNTOWN DEVELOPMENT AUTHORITY:
1. ADOPTION OF A RESOLUTION ORDERING A LEVY OF 1.9996 MILLS IN THE DOWNTOWN DEVELOPMENT DISTRICT.
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.
2. APPROVAL OF THE FISCAL YEAR 2006-2007 OPERATIONS BUDGET.
Motion was made by Councilmember Ludwig and seconded by Councilmember Frounfelker to approve the operations budget. The motion was lost due to the following tie vote. Yeas: Mayor Griffin and Councilmembers Frounfelker and Ludwig-3. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: Councilmember Greer-1.
B. CONSIDERATION OF THE REQUEST TO APPROVE PAYMENT OF EXPENDITURES TO TETRA TECH-MPS THROUGH THE JACKSON COUNTY DRAIN OFFICE, IN THE AMOUNT OF $21,637.60, FOR PHASE II STORM WATER NPDES PERMIT IMPLEMENTATION (ON-GOING JACKSON URBANIZED AREA STORM WATER INITIATIVES), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES.
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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL AND CHANGE ORDER NO. 1 TO THE CONTRACT WITH LAWNS-R-US, HORTON, MICHIGAN, IN THE AMOUNT OF $39,418.83, FOR THE CITY WIDE MOWING 2006-2007 SEASON, AUTHORIZATION FOR THE MAYOR, CITY CLERK AND CITY MANAGER TO EXECUTE THE FIRST RENEWAL CONTRACT DOCUMENT(S), AND AUTHORIZATION FOR THE CITY MANAGER AND DIRECTOR OF PUBLIC SERVICES TO EXECUTE THE CHANGE ORDER, 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 Change Order No. 1 and direct staff to rebid the work that is being removed from the contract, specifically the tax-reverted properties and the Kibby Road islands. 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 PURCHASE THE MOBILE VISION DIGITAL IN-CAR CAMERA SYSTEM, IN THE AMOUNT OF $145,031.25 (THREE ANNUAL LEASE PAYMENTS IN THE AMOUNT OF $51,273.22 EACH), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE AND THE PURCHASING AGENT.
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.