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JACKSON CITY COUNCIL MEETING

MINUTES

MARCH 13, 2012

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. The invocation was given by Councilmember

Jaquish.

ROLLCALL.

Present: Mayor Martin J. Griffin and Councilmembers Carl L. Breeding, Kimberly Jaquish,

Daniel P. Greer, Laura Dwyer Schlecte, and Derek J. Dobies-6. Absent: Councilmember Andrew R.

Frounfelker-l.

Also Present: City Manager Larry Shaffer, City Attorney Julius A. Giglio, City Engineer Jon

Dowling, Assistant Fire Chief Dave Wooden, Police Chief Matt Heins, Deputy City Manager/Community

Development Director Patrick Burtch, Carmen Ryan from the City Clerk's office, and Jason Yoakam

from the City Assessor's office.

AGENDA.

Motion was made by Councilmember Greer and seconded by Councilmember Jaquish to adopt

the agenda. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers

Breeding, Jaquish, Greer, Schlecte, and Dobies-6. Nays: O. Absent: Councilmember Frounfelker-l.

CITIZEN COMMENTS.

Jerry Bougher asked the Council to put the money for the solar project into the sewer system or

streets. He also suggested setting the money aside to redo the Wastewater Treatment Plant.

John Wilson stated that property owners of the city now pay a millage for Jackson Transportation

Authority. He said property owners would be subsidizing bus service owned and operated by a private

entity. He stated that supply and demand should be allowed to determine the future of the Michigan Flyer.

3/13/12 2

Jeff Mazur wants to be able to modify the Rental Registry. He stated good landlords would be

charged the same rate as the poor landlords that take more time to be inspected. He stated he would be

willing to sit on a panel to look at the costs that are being charged, and suggested that the inspections to

be conducted be charged hourly.

Anthony Kiszka spoke in support of the Solar Project at the Wastewater Treatment Plant.

Cindy Eby owns an organic fruit farm. She spoke in opposition of the change of an ordinance that

allowed her to have egg chickens needed to produce manure for her fruit farm. She stated she has to spend

much more to get her manure now that the ordinance was changed. She said that enforcement of the old

ordinance would have been more effective than changing it.

PRESENTATIONS/PROCLAMATIONS.

None.

CONSENT CALENDAR.

Councilmember Schlecte requested Items A and D be removed for separate consideration.

Councilmember Breeding requested items E and F be removed for separate consideration. ~v1otion was

made by Councilmember Dobies and seconded by Councilmember Greer to approve the following

Consent Calendar, with Items A, D, E, and F removed for separate consideration. The motion was

adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer,

Schlecte and Dobies-6. Nays: O. Absent: Councilmember Frounfelker-1.

Consent Calendar

A. Removed for separate consideration.

B. Approval of the request from the Council for Prevention of Child Abuse and Neglect

(CPCAN) to conduct the Child Abuse Prevention Month Kick-Off at Governor Austin

Blair Memorial Park on Monday, April 2, 2012, from 12:00 1 :00 p.n1. (Recommended

approval received from the Police, Fire, Parks, Engineering, and Public Works

Departments, and the Downtown Development Authority. A Hold Harmless Agreement

has been reviewed and approved by the City Attorney.)

C. Approval of the award of the 2012 Wastewater Treatment Plant Lawn Care Contract to

Greener Solutions Lawn, Jackson, in the amount of $12,250.00, and authorization for the

Mayor and City Clerk to execute the contract on behalf of the City, in concurrence with

the Purchasing Agent.

D. Removed for separate consideration.

E. Removed for separate consideration.

F. Removed for separate consideration.

G. Receipt of the Dangerous Building Report through February 29,2012.

H. Receipt of the 2012-2013 Community Development Block Grant (CDBG) and HOME

Draft Action Plan and authorization of dissemination for the 30-day public comment

period between March 20, and April 20, 2012.

CONSENT CALENDAR ITEM A.

Approval of the minutes of the regular City Council meeting of February 21,2012.

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Motion was made by Councihnember Breeding and seconded by Councilmember Dobies to

approve the minutes of the February 21,2012 regular City Council meeting at the March 27, 2012 regular

City Council meeting. The motion was adopted by the following vote. Yeas: Mayor Griffin and

Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6. Nays: o. Absent: Councilmember

Frounfelker-1.

CONSENT CALENDAR ITEM D.

Approval of the award of the 2012 City Private Lots Mowing Contract (entire season) to Noel Lawn

Services, Monroe, in the amount of $30,125.00, and Greener Solutions, Jackson, (for half of properties

in May and June) in the amount of $31, 875.00, and authorization for the Mayor and City Clerk to

execute the appropriate document(s), in accordance with the recommendation of the Purchasing

Agent.

Motion was made by Councilmember Greer and seconded by Councilmember Schlecte to

proceed with the contract as recommended. The motion was adopted by the following vote. Yeas: Mayor

Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6. Nays: o. Absent:

Councilmember Frounfelker-1.

CONSENT CALENDAR ITEM E.

Approval of the award of the 2012 As Needed Surveying Consulting Services contract to Wade Trim,

Taylor, Michigan in the amount of 62,880.00 and authorization for the Mayor and City Clerk to

execute the appropriate document(s), in accordance with the recommendation of the Purchasing

Agent.

Motion was made by Councilmember Breeding and seconded by Councilmember Greer to award

the 2012 As Needed Surveying Consulting Services to Wade Trim. The motion was adopted by the

following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and

Dobies-6 . Nays: O. Absent: Councilmember Frounfelker-1.

CONSENT CALENDAR ITEM F.

Approval of the purchase of replacement radios from Tait North America, Inc., in the amount of $38,

684.50, in compliance with Federal Communication Commission mandate, and authorization for City

Engineer/Director of Public Works to sign the purchase order.

Motion was made by Councilmember Breeding and seconded by Councilmember Greer to

approve the purchase of replacement radios from Tait North America, Inc. The motion was adopted by

the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and

Dobies-6. Nays: o. Absent: Councilmember Frounfelker-1.

COMMITTEE REPORTS.

A. RECEIPT OF THE FINANCE/TAX POLICY COMMITTEE REPORT OF

FEBRUARY 21, 2012.

Motion was made by Councilmember Breeding and seconded by Councilmember Dobies

to receive the Finance/Tax Policy Committee report. The motion was adopted by the

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following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer,

Schlecte and Dobies-6. Nays: O. Absent: Councilmember Frounfelker-l.

APPOINTMENTS.

A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT WENDY

CLIFTON AND RICHARD SNEARY TO THE DOWNTOWN DEVELOPMENT

AUTHORITY FOR A FOUR-YEAR TERM EACH, BEGINNING MARCH 30,2012,

AND ENDING MARCH 29, 2016.

Motion was made by Councilmember Dobies and seconded by Councilmember Schlecte

to approve the recommendation. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6.

Nays: O. Absent: Councilmelnber Frounfelker-l.

B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT CHARLES

C. REISDORF TO THE ZONING BOARD OF APPEALS/SIGN BOARD OF

APPEALS FILLING A CURRENT VACANCY BEGINNING IMMEDIATELY AND

ENDING DECEMBER 31,2014.

Motion was made by Councilmember Dobies and seconded by Councilmember Greer to

approve the recommendation. The motion was adopted by the following vote. Y eas: ~v1ayor

Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6. Nays: O.

Absent: Councilmember Frounfelker-l.

PUBLIC HEARINGS.

A. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON DURAND

STREET FROM THE SOUTH END TO MORRELL STREET.

Mayor Griffin opened the public hearing.

There were correspondences received fron1 Virgil J. Hertzer, 1048 S. Durand Street, and

Connie Mancini, 1051 S. Durand Street, to show their support for the project. There were

also correspondences received from Veronica Desnoyer, 1030 S. Durand Street, and Rita

A. McLaughlin, 1005 S. Durand Street, to speak in opposition of the project because of

the damage incurred to the street by school buses.

John Downing, 1042 S. Durand Street, spoke in support of the project and thanked the

Council and City Engineer. Jim Keersmaekers, 1116 S. Durand Street, spoke in

opposition of the removal of all the curbs and narrowing the street. He opposed

narrowing the street particularly because of the school bus traffic. John Wilson, 1045 S.

Durand Street, spoke in support of the project and thanked Jon Dowling, Randy McMunn

and Sandee Porter for presenting the proposal. Megan Keersmaekers, 1116 S. Durand

Street, was concerned about narrowing the street and moving the curbs. She stated during

the fireworks it would increase the congestion in that area. She wanted to know jf we

looked into grants to pay for the project. She felt parking should only be allowed on one

side of the street if it is narrowed. The Mayor closed the public hearing.

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1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE

SPECIAL ASSESSMENT ROLL.

Motion was made by Councilmember Schlecte and seconded by Councilmember

Greer to adopt the resolution by leaving the width of the street and also the curbs in place

and go forward with the construction.

A new motion was made by Councilmember Breeding and seconded by

Councilmember Jaquish to postpone the adoption of the resolution until the next regular

City Council meeting. The motion was adopted by the following vote. Yeas: Mayor

Griffin, Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6. Nays: O.

Absent: Councilmember Frounfelker-l.

B. PUBLIC HEARING ON THE REQUEST TO REZONE PROPERTY LOCATED AT

2005 FIRST STREET (PARCEL 1D#3-320800000) FROM R-1 (ONE-FAMILY

RESIDENTIAL) TO 1-1 (LIGHT INDUSTRIAL).

Mayor Griffin opened the public hearing. No one spoke. Mayor Griffin closed

the public hearing.

L CONSIDERATION OF AN ORnINANCE AMENDING CHAPTER 28, SECTION

28-32, CITY CODE, TO REZONE PROPERTY LOCATED AT 2005 FIRST

STREET (PARCEL ID#3-320800000), FROM R-1 TO 1-1. (CITY PLANNING

COMMISSION RECOMMENDS DENIAL)

RESOLUTIONS.

Motion was made by Councilmember Greer and seconded by

Councilmember Schlecte to concur with the recommendation of the Planning

Commission to deny the applicant's request to rezone the property. The motion

was adopted by the following vote. Yeas: Mayor Griffin, Councilmembers

Breeding, Jaquish, Greer, Schlecte and Dobies-6. Nays: O. Absent:

Councilmember Frounfelker-l.

A. CONSIDERATION OF A RESOLUTION RECOGNIZING THE JACKSON

COMMUNITY FOUNDATION AS A NONPROFIT ORGANIZATION OPERATING

IN THE COMMUNITY.

Motion was made by Councilmember Breeding and seconded by Councilmember

Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6.

Nays: O. Absent: Councilmember Frounfelker-l.

B. CONSIDERATION OF A RESOLUTION GRANTING AMY CANTU PERMISSION

TO OPERATE A MOBILE FOOD CART IN THE CITY'S CENTRAL BUSINESS

DISTRICT.

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Motion was made by Councilmember Breeding and seconded by Councilmember

Jaquish to adopt the resolution. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6.

Nays: O. Absent: Councilmember Frounfelker-l.

C. CONSIDERATION OF A RESOLUTION APPROVING FUNDS IN THE AMOUNT

OF $225,000.00 FOR THE PURPOSE OF DEMOLITION AND RELATED

EXPENDITURES UNDER THE NEIGHBORHOOD ECONOMIC STABILIZATION

INITIATIVE.

Motion was made by Councilmember Greer and seconded by Councilmember

Dobies to adopt the resolution. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Greer, Schlecte and Dobies-4. Nays:

Councilmen1bers Breeding and Jaquish-2. Absent: Councilmember Frounfelker-l.

D. CONSIDERATION OF A RESOLUTION ENDORSING AN APPLICATION BY THE

JACKSON TRANSPORTATION AUTHORITY FOR FUNDING FROM THE

FEDERAL TRANSIT ADMINISTRATION FOR REHABILITATION OF THE

ADMINISTRATION/MAINTENANCE FACILITY.

Motion was made by Councilmember Greer and seconded by Councilmelnber

Jaquish to adopt the resolution. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Jaquish, Greer, Schlecte and Dobies-5. Nays:

Councilmember Breeding-I. Absent: Councilnlember Frounfelker-l.

E. CONSIDERATION OF A RESOLUTION ENCOURAGING THE MICHIGAN

FLYER TO REINSTATE FULL BUS SERVICE TO AND FROM THE CITY OF

JACKSON, AND INSTRUCT THE CITY MANAGER, AND ENCOURAGES THE

JACKSON TRANSPORTATION AUTHORITY TO COOPERATE AND

NEGOTIATE THE CONDITIONS NEEDED TO ALLOW FOR FULL

REINSTATEMENT OF THE MICHIGAN FLYER SERVICE IN JACKSON.

Motion was made by Councilmember Greer and seconded by Councilmember

Dobies to adopt the resolution. Councilmember Greer withdrew his first motion and

made a new motion to direct the City Manager to have discussion with the Michigan

Flyer without the need for the resolution. The motion was adopted by the following vote.

Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and

Dobies-6. Nays: O. Absent: Councilmember Frounfelker-l.

ORDINANCES.

A. CONSIDERATION OF AN ORDINANCE ADDING SECTION 2-509.3, CHAPTER 2,

ARTICLE VI, CITY CODE, TO CREATE A NEW DEFERRED RETIREMENT

OPTION PROGRAM (DROP) COMMENCING JULY 1, 2012, AND EXPIRING

JUNE 30, 2016.

Motion was made by Councilmember Greer to adopt the ordinance after further

discussion he withdrew his motion. The motion was made by Councilmember Schlecte and

seconded by Councilmember Jaquish to not approve the ordinance. The ordinance was not

3/13/12 7

adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish,

Schlecte and Dobies-6. Nays: O. Absent: Councilmember Frounfelker-l.

B. CONSIDERATION OF AN ORDINANCE ADDING ARTICLE VI- FORECLOSED,

VACANT AND ABANDONED RESIDENTIAL PROPERTY REGISTRY TO

CHAPTER 14, CITY CODE, TO PROVIDE A REGISTRY OF FORECLOSED,

VACANT, AND ABANDONED RESIDENTIAL PROPERTIES IN ORDER TO

PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE

CITY OF JACKSON BY PREVENTING BLIGHT, PROTECTING PROPERTY

VALUES AND NEIGHBORHOOD INTEGRITY, AND ENSURING MAINTENANCE

OF FORECLOSED, VACANT, AND ABANDONED RESIDENTIAL PROPERTIES.

Motion was made by Councilmember Dobies and seconded by Councilmember

Greer to approve the ordinance contingent upon Deputy City Manager/Community

Development Director Patrick Burtch meeting with realtors specializing in foreclosures,

and also by making himself available for fine-tuning the ordinance. The motion was

adopted by the following vote. Yeas: Mayor Griffin and Councilmelnbers Jaquish, Greer,

Schlecte and Dobies-5. Nays: Councilmember Breeding-I. Absent: Councilmember

Frounfelker-l.

OTHER BUSINESS.

A. CONSIDERATION OF THE REQUEST TO ACCEPT THE PURCHASE

AGREEMENT TO SELL THE PROPERTY AT 1707 E. GANSON STREET FOR

$28,000.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO

EXECUTE THE DEED; FOR THE DEPUTY CITY MANAGER, OR HIS DESIGNEE,

TO SIGN ANY REQUIRED DOCUMENTS AT CLOSING, AND FOR THE CITY

ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE CLOSING

DOCUMENTS AND TO TAKE ALL OTHER NECESSARY TO EFFECTUATE THE

CLOSING. (POSTPONED AT THE FEBRUARY 21, 2012, CITY COUNCIL

MEETING.)

Motion was made by Councilmember Greer and seconded by Councilmember Dobies to

accept the purchase agreement. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Breeding, Jaquish, Greer and Dobies-5. Nays: O.

Abstain: Councilmember Schlecte-l. Absent: Councilmember Frounfelker-l.

B. CONSIDERATION OF THE REQUEST TO ACCEPT THE PURCHASE

AGREEMENT TO SELL THE PROPERTY AT 509 W. FRANKLIN STREET FOR

$25,000.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO

EXECUTE THE DEED; FOR THE DEPUTY CITY MANAGER, OR HIS DESIGNEE,

TO SIGN ANY REQUIRED DOCUMENTS AT CLOSING, AND FOR THE CITY

ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE CLOSING

DOCUMENTS AND TO TAKE ALL OTHER NECESSARY TO EFFECTUATE THE

CLOSING. (POSTPONED AT THE FEBRUARY 21, 2012, CITY COUNCIL

MEETING.)

Motion was made by Councilmember Greer and seconded by Councilmember

Dobies to accept the purchase agreement. The motion was adopted by the following vote.

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Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer and Dobies-5.

Nays: 0 Abstain: Councilmember Schlecte-l. Absent: Councilmember Frounfelker-l.

NEW BUSINESS.

A. CONSIDERATION OF THE REQUEST TO AUTHORIZE THE MAYOR, AND CITY

CLERK IF NECESSARY, TO EXECUTE ANY AND ALL DOCUMENTS RELATED

TO ACCEPTING INSPECTION AUTHORITY FOR THE DIOCESE OF LANSING,

QUEEN OF THE MIRACULOUS MEDAL SCHOOL.

Motion was made by Councilmember Jaquish and seconded by Councilmember

Greer to approve the request. The motion was adopted by the following vote. Yeas:

Mayor Griffin and Councilmembers Breeding, Jaquish, Greer, Schlecte and Dobies-6.

Nays: O. Absent: Councilmember Frounfelker-l.

B. CONSIDERATION OF THE REQUEST TO APPROVE AUTHORIZATION OF A

CONTRACT BETWEEN THE CITY AND HARVEST ENERGY SOLUTIONS,

JACKSON, TO DESIGN AND CONSTRUCT AlSO kW PHOTOVOLTAIC FIELD

AT THE WASTEWATER TREATMENT PLANT AT A COST OF $500, 663.00, AND

AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE ALL

APPROPRIATE CONTRACT DOCUMENT(S).

Motion was Inade by Counciln1ember Dobies and seconded by Councilmember Jaquish

to postpone the request until the next regular City Council meeting. The motion was adopted

by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Jaquish, Greer,

Schlecte and Dobies-6. Nays: O. Absent: Councilmember Frounfelker-l.

CITY COUNCILMEMBERS' COMMENTS.

Councilmelnber Jaquish wanted to thank Frank Weathers for all the work he has done getting the

people who were evicted because of housing code violations a place to stay.

Councilmember Breeding wanted someone to look into the organic farm ( chicken manure). He

also said inspecting by the hour peaked his curiosity.

Councilmember Schlecte would like to see some surveys go out to property owners that have had

work done by either city employees, or contracted workers of the city in order to determine if they need to

improve or if they are doing a good job. She also stated that she would be proposing some amendments to

the Housing ordinance.

Councilmember Dobies wanted to congratulate Wendy Clifton, a resident of the Sixth Ward, for

her appointment to the Downtown Development Authority. He also wanted to congratulate Charles

Reisdorf, also a Sixth Ward resident, for his appointment to the Zoning Board of Appeals/Sign Board of

Appeals. He also wanted to thank Jeff and Lori Grantham of Douglas Street, for purchasing three digital

cameras to be used by the Jackson Fire Department to document fire scenes and other disasters, as well as

for public education.

MANAGER'S COMMENTS.

3113112 9

City Manager Shaffer wanted to thank the City Council for postponing action on the Harvest

Energy Project. He stated that it would give him another opportunity to gather information so that he

could present it in such a way that the Council could approve it.

ADJOURNMENT.

No further business being presented, a motion was nlade by Councilmenlber Greer to adjourn the

meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:25 p.m.

Carmen Ryan

City Clerk's Office