CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:01 p.m. by Mayor Martin J. Griffin.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Greer 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, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Councilmember Greer requested an action item regarding the land bank authority be added to the agenda under City Councilmembers' Comments. Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to adopt the agenda, as amended with the above addition. 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.
A. CINDY TRECIAK, BOARD MEMBER, AND STACY WABLES, PROGRAM MANAGER, FLORENCE CRITTENTON SERVICES, WILL PRESENT AWARDS TO THE WINNERS OF THE “DO THE RIGHT THING” PROGRAM.
Awards were presented to Larry Robeson, a fourth grade student at Keicher Elementary; Jena Smoyer, an eighth grade student at Hanover Horton Middle School; Alexis Zimmerman, an 8th grade student at Hanover Horton Middle School; Lyle Johnson, a twelfth grade student at Napoleon High School; Chris Rogotzke, a sixth grade student at Hanover Horton Middle School and Cody Cochran, a sixth grade student at Hanover Horton Middle School.
CITIZEN COMMENTS.
Mike Hoover, 224 Randolph, voiced complaints about trash and non-domestic animals in his neighborhood, along with oil and gasoline being dumped in the streets. He believes City ordinances are not being enforced.
Barbara Gruenberg, 233 Randolph, voiced complaints about garbage, limbs, and houses in disrepair in her neighborhood, along with odor caused by dog feces and asked the Council to look into this matter.
Tara Bentley, 903 C E. Porter, presented a petition, signed by residents of Woodland Hills, seeking Council assistance in helping them attain screen doors in their apartments (in accordance with City Code) because management is refusing to install them.
Joe Fivas, representing the Michigan Municipal League, discussed the possible elimination of local cable franchising and stated the MML will support the City's action if they adopt a resolution supporting local control.
CONSENT CALENDAR.
Councilmember Frounfelker requested Item Q be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Breeding to approve the following Consent Calendar, with Item Q 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 March 28, 2006.
B. 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.
C. Approval of the request from the Council for Prevention of Child Abuse and Neglect to conduct a press conference on Thursday, April 20, 2006, at 8:00 a.m., at Blackman Park. (Approval recommended by 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.)
D. Approval of the request from the Jackson Police Department to hold their annual Police Memorial Service at Bucky Harris Park on Wednesday, May 3, 2006, at 12:00 p.m., to honor Jackson County police officers who have lost their lives in the line of duty. (Approval recommended by the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
E. Approval of the request from the Downtown Development Authority to conduct their Discover Downtown Again “DDA” Day at Bucky Harris Park, Blackman Park and throughout downtown on Saturday, April 29, 2006, from 11:00 a.m. until 2:00 p.m. (Approval recommended by the Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
F. Approval of the request from the Downtown Development Authority to hold Cruise Nights on Friday, May 26, June 23, July 28, and August 25, 2006, from 5:00 p.m. until 9:00 p.m., and to close the following streets from 2:00 p.m. until 9:30 p.m.:
Michigan Avenue from Blackstone Street to Mechanic Street
Jackson Street from Cortland Street to Louis Glick Highway
(Approval recommended by the Police, Fire, Public Services, Traffic Engineering, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
G. Approval of the request from the Downtown Development Authority to conduct their Summer Planting Day on Saturday, May 20, 2006,
from 9:00 a.m. until 12:00 p.m. in downtown Jackson and Bucky Harris Park. (Approval recommended by the Traffic Engineering, Public Services and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
H. Approval of the request from the Downtown Development Authority to hold Picnic in the Park on Tuesday, July 11, July 18, July 25, August 1, August 8, August 15, August 22, and August 29, 2006, from 12:00 p.m. until 1:00 p.m., at Bucky Harris Park. (Approval recommended by the Traffic Engineering, Public Services and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
I. Approval of the request from Junior Achievement of the Michigan Edge to close Denton Road from Kibby Road to Brown Street, from Friday, May 26, 2006, at 7:00 a.m. through Sunday, May 28, 2006, at 12:00 p.m., to conduct the 2006 Grand Prix at Cascades Falls Park on Saturday, May 27, 2006, beginning at 6:00 a.m. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments. Contingent upon approval of proper insurance coverage.)
J. Approval of the request from the Ella Sharp Museum Association for authorization for a temporary outdoor service and add bar permit on Saturday, June 3, 2006, at 3225 Fourth Street. (Approval recommended by the Police, Fire, Traffic Engineering, and Parks and Recreation Departments. Insurance coverage received and approved.)
K. Approval of the request from the Jackson County Rose Festival to (1) close Michigan Avenue from Blackstone Street to Brown Street and hold the Rose Parade on Sunday, June 4, 2006, between 1:00 p.m. and 3:30 p.m., and (2) authorization for the City Attorney to place the State of Michigan, the Michigan Department of Transportation and the Jackson County Road Commission on the City's general liability policy as additional insureds. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
L. Approval of the request from the Jackson County Rose Festival to close Brown Street between Denton Road and Randolph Street, with Class 3 barricades with lights on from 12:00 p.m. on Thursday, May 25, 2006, through 9:00 a.m. on Monday, May 29, 2006, to hold Weekend in the Park events. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments. Contingent upon receipt of proper insurance coverage.
M. Approval of the request from the Jackson County Parks Association to close Brown Street from Randolph Street to Denton Road from 6:00 p.m. until 11:00 p.m. on Monday, July 3, 2006, with police assistance, to hold fireworks at Cascade Falls Park. (Approval recommended by the Police, Fire, Traffic Engineering, and Public Services Departments. Contingent upon receipt of proper insurance coverage.)
N. Approval of final balancing Change Order No. 2 to the contract with J. Ranck Electric, Inc., in the amount of $9,901.75, for work related to the Partnership Park 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.
O. Approval of Change Order No. 6 to the contract with Allied Office Interiors, in the amount of $1,121.74 for additional furniture related to the renovated City Hall 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.
P. Approval of the Engineering Department's recommendation to reserve the first three (3) spaces on Michigan Avenue, east of Jackson Street, for the March of Dimes Fountain Coin Drop to be held on Thursday, April 20, 2006.
Q. Removed for separate consideration.
R. Approval of the request from the Free Radio Jackson to hold their annual Brunofest at the Riverwalk Amphitheater on Saturday, July 1, 2006, from 8:00 a.m. until midnight (event 11:00 a.m.-10:00 p.m.). (Approval recommended by the Police, Fire and Public Services Departments, the Amphitheater Review Committee and the Downtown Development Authority. Contingent upon receipt of proper insurance coverage.)
S. Approval of the Purchase Agreement, Development Agreement and Quit Claim Deed for the sale of the City-owned property located at 155 Hobart Street, authorization for the Mayor and City Clerk to execute the appropriate document(s), and authorization for the City Attorney to make minor modifications to the documents and to take any and all action necessary to close this real estate transaction, in accordance with the recommendation of the Community Development Director.
T. Approval of the Purchase and Development Agreements for the sale of the property located at 1022 Homewild, authorization for the Mayor and City Clerk to execute the appropriate document(s), and authorization for staff to make minor modifications to the documents and to take any and all action necessary to close this real estate transaction, in accordance with the recommendation of the Community Development Director.
U. Receipt of the City Engineer's report for street reconstruction on Wisner Street from North to Argyle, and establishment of April 25, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
V. Receipt of the Dangerous Building Status Report through March 31, 2006.
W. Receipt of the Community Development Department Quarterly Building Permit Report.
X. Receipt, with regret, of the resignation of Carol J. Hinton from the Jackson Housing Commission, effective immediately.
Y. Receipt of actuarial valuations at June 30, 2005, communication from the Boards of Trustees of the City of Jackson Employees Retirement System, Act 345 Retirement System and City of Jackson Policemen's and Firemen's Pension System, and certifying funding necessary for fiscal year 2006-2007.
Z. Establishment of May 23, 2006, at the City Council meeting as the time and place to hold a public hearing to amend the Brownfield Plan to include the property located at 1950 Wellworth Street (former Overhead Conveyor site).
CONSENT CALENDAR ITEM Q.
Approval of Amendment No. 1 to the contract with Capital Consultants, in the amount of $19,100.00, for design services for the Cortland and Jackson Streets Streetscape 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 Frounfelker and seconded by Councilmember Ludwig to approve Amendment No. 1. 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.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT KATHERINE MARTIN TO THE JACKSON HOUSING COMMISSION, BEGINNING IMMEDIATELY AND ENDING OCTOBER 30, 2007.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Mead to approve the Mayor's 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 STREET CONSTRUCTION ON MILWAUKEE STREET FROM EUCLID TO HIGH STREET.
Mayor Griffin opened the public hearing. Rosetta Harrell, 1403 S. Milwaukee, questioned the amount of her assessment; staff responded. Mayor Griffin closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Breeding 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.
B. PUBLIC HEARING ON THE NECESSITY OF STREET CONSTRUCTION ON SEYMOUR AVENUE FROM MICHIGAN AVENUE TO GANSON STREET.
Mayor Griffin opened the public hearing. Renae Veldhover, Carelink of Jackson Controller, inquired how patients will be able to get to their facility with the upcoming street projects. The City Engineer responded. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
C. PUBLIC HEARING ON THE NECESSITY OF STREET CONSTRUCTION ON GANSON STREET FROM ELM AVENUE TO ORANGE STREET.
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
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.
D. PUBLIC HEARING ON THE NECESSITY OF STREET CONSTRUCTION ON ELM AVENUE FROM HOMEWILD TO NORTH STREET.
Mayor Griffin opened the public hearing. Laura Wright, 551 N. Elm, expressed her objections stating she will appeal to the Michigan Tax Tribunal if her assessment is not reduced. She also distributed a letter of objection. Emily Prater, 209 N. Elm, asked what the necessity of this project was; staff responded. Kay Minori, 1041 Maple, expressed her concern with wild animals, condemned houses and streets needing to be swept in her neighborhood. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the resolution. 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.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION EXPRESSING SUPPORT OF LOCAL CONTROL OF CABLE FRANCHISING AND OPPOSITION TO MICHIGAN SENATE BILL 1157 AND HOUSE BILL 5895.
B. CONSIDERATION OF A RESOLUTION EXPRESSING THAT THE CITY OF JACKSON IS OPEN FOR CABLE/VIDEO BUSINESS AND CAN GUARANTEE THAT WITHIN DAYS OF A FORMAL REQUEST A FRANCHISE AGREEMENT CAN BE READY FOR ANY NEW CABLE/VIDEO PROVIDER'S CONSIDERATION.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt the resolutions (revised) in Items A and B. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Abstain: Councilmember Breeding-1.
C. CONSIDERATION OF A RESOLUTION APPROVING THE AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET FOR ADDITIONAL COSTS RELATED TO IDENTIFIED ELIGIBLE PROJECTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Greer, Frounfelker and Ludwig-5. Nays: Councilmembers Mure and Mead-2. Absent: 0.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2006.10 AMENDING CHAPTER 26, SECTIONS 26-66, 26-67, AND 26-68 REQUIRING AN OWNER OR OCCUPANT TO REMOVE FALLEN TREES ON PRIVATE PROPERTY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Mead to adopt Ordinance No. 2006.10. 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. CONSIDERATION OF THE REQUEST TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MACDONALD ROOFING, IN THE AMOUNT OF $21,978.00, FOR ADDITIONAL ROOF WORK AT NIXON PARK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF CEMETERIES, FORESTRY AND PARKS AND THE COMMUNITY DEVELOPMENT DIRECTOR.
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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO SPARTAN DISTRIBUTORS, SPARTA, MICHIGAN, IN THE AMOUNT OF $19, 949.80, FOR THE PURCHASE OF A COMPACT UTILITY TRACTOR, IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF ELLA SHARP PARK, THE DIRECTOR OF PARKS, RECREATION AND GROUNDS AND THE PURCHASING AGENT.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to reject the bid of Spartan Distributors, Sparta, Michigan, and accept the bid of $20,796.00 by Dakins Equipment, Jackson, Michigan for the reason that the public interest will be served, and it will be in the best interest of the City of Jackson to make the award to a bidder located within the County of Jackson, and thereby allowing taxpayer money to remain in the County of Jackson; and further, that the Purchasing Agent prepare a complete statement identifying the reason for placing the bid with Dakins Equipment, and file the statement with the other papers relating to this transaction. 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. CONSIDERATION OF THE REQUEST TO APPROVE THE URBAN COOPERATION ACT AGREEMENT BETWEEN THE CITY OF JACKSON AND THE VILLAGE OF PARMA LDFA, AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR CITY STAFF TO MAKE MINOR MODIFICATIONS TO THE DOCUMENT(S), IF NECESSARY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE THIRD AMENDMENT TO THE WASTEWATER SERVICE AGREEMENT (WSA) BETWEEN THE CITY OF JACKSON, TOWNSHIP OF SPRING ARBOR, VILLAGE OF PARMA AND TOWNSHIP OF SANDSTONE, AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR CITY STAFF TO MAKE MINOR MODIFICATIONS TO THE DOCUMENT(S), IF NECESSARY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to refer this matter to the City Affairs Committee for a recommendation. Councilmember Breeding withdrew his motion.
Motion was made by Councilmember Greer and seconded by Councilmember Mead 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. CONSIDERATION OF A MOTION TO REIMBURSE ALL PROPERTY OWNERS IN A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AREA WHO WERE ORDERED BY THE DPW/CITY TO PAY FOR SIDEWALK REPLACEMENT. (AN APPLICATION AND RECEIPT FOR SAME MUST BE SUBMITTED.)
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to postpone action until the next Council meeting to get more information. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer and Mead-4. Nays: Mayor Griffin and Councilmembers Frounfelker and Ludwig-3. Absent: 0.
F. CONSIDERATION OF THE REQUEST FOR AUTHORIZATION FOR THE FINANCE DIRECTOR TO RELEASE FUNDS, IN THE AMOUNT OF $37,800.00, FOR THE DOWNTOWN DEVELOPMENT AUTHORITY'S FISCAL YEAR 2005-2006 OPERATIONS BUDGET. (FUNDING ALLOCATION APPROVED AT THE MAY 24, 2005, CITY COUNCIL MEETING.)
Motion was made by Councilmember Ludwig 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.
G. CONSIDERATION OF THE REQUEST FROM THE CHIEF OF POLICE TO REMIT PAYMENT TO JACKSON COUNTY, IN THE AMOUNT OF $66,896.00, UTILIZING THE 2005 JUSTICE ASSISTANCE GRANT FUNDS, FOR REMOVAL AND INSTALLATION OF A 320 FOOT GUYED TOWER ON WOODEN ROAD IN PULASKI TOWNSHIP.
Motion was made by Councilmember Greer and seconded by Councilmember Mead 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.
CITY COUNCILMEMBERS' COMMENTS.