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JANUARY 24, 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 7:03 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.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to add Items 9. A. through 9. D. under Appointments and Item 15. E. under New Business. 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.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the agenda, as amended above. 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.

 
Kathleen Conley, Chair of the HRC's Harold White Memorial Committee, requested Council support for the proposed Harold White Memorial Walkway for Volunteer Recognition, Consent Calendar Item I. She invited Councilmembers to attend a February 1 planning meeting and thanked Councilmember Frounfelker for attending their last meeting.
 
Councilmember Breeding stated the first paving stone should be for Harold White.
 
CONSENT CALENDAR.
 
Councilmember Greer requested Item A be removed for separate consideration. Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to approve the following Consent Calendar, with Item A 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. Removed for separate consideration.
 
B. Approval of the request from the Jackson Running Club to conduct their 30th annual Groundhog Gallop, February 4, 2006, beginning at 2:00 p.m. (Recommended approval received from the Fire and Public Services Departments. Contingent upon approval from the Police and Traffic Engineering Departments, and receipt of proper insurance coverage.)
 
C. Approval of the renewal of the contract with Clark's Lawn Care, Jackson, in the amount of $13,200.00, for lawn services at R. A. Greene Park and the Wastewater Treatment Plant, in accordance with the recommendation of the Director of Sewage Treatment and Facilities and the Purchasing Agent.
 
D. Approval of the Jackson County Emergency Dispatch Services invoice, in the amount of $10,316.75, for the period of October through December 2005, in accordance with the recommendation of the City Manager.
 
E. Approval of the request to accept the proposal from Rehmann Robson, Jackson, Michigan, to prepare the Indirect Cost Proposal and Citywide Cost Allocation Plan for fiscal year ended June 30, 2005, at a total proposed cost of $11,500.00, to be split equally between the Community Development Block Grant (CDBG) Fund and the General Fund, in accordance with the recommendation of the Community Development Director and the Finance Director.
 
F. Approval of Traffic Control Order No. 1907 removing stop signs from McKay Street and relocating to Hallett Street, in accordance with the recommendation of the City Engineer.
 
G. Approval of Change Order No. 5 to the contract with Allied Office Interiors, in the amount of $2,528.40, for furniture in the renovated City Hall, 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.
 
H. Approval of the revised list for the 2005-2006 Community Development Block Grant (CDBG) and HOME Subrecipient Agreements for prior reallocated funds, in accordance with the recommendation of the Community Development Director.
 
I. Authorization for the Human Relations Commission to work with the City's Parks Department to implement a plan for a proposed Harold White Memorial Walkway and to place a sign and walking stones in a City park.
 
J. Receipt of the Dangerous Building Status Report through December 31, 2005.
 
K. Receipt of the City of Jackson's summary of revenue and expenditures for the six (6) months ended December 31, 2005.
 
L. Receipt of the annual Purchasing Report for the period of July 1, 2004, to June 30, 2005.
 
M. Receipt of the Ordinance Enforcement Officer's performance report from May 5 through December 31, 2005.
 
N. Receipt, with regret, of the resignation of Connie Strunk from the City Board of Election Canvassers, effective immediately.
 
O. Receipt, with regret, of the resignation of Richard L. Strunk from the Zoning Board of Appeals, effective immediately.
 
CONSENT CALENDAR ITEM A.

 
Approval of the minutes of the regular City Council meeting of January 10, 2006.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the minutes, with a correction to reflect that Councilmember Greer seconded the motion for Consent Calendar Item E - sale of the City-owned property located at 155 Hobart Street. 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.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT JULIUS GIGLIO TO THE CITY OF JACKSON BUILDING AUTHORITY, BEGINNING IMMEDIATELY AND ENDING JUNE 30, 2008.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to concur with 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.
 
Councilmember Greer wished City Attorney Julius Giglio a happy birthday.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT MARTIN J. GRIFFIN TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2006, AND ENDING JANUARY 31, 2009.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to concur with 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.
 
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT ANDREW DOTTERWEICH (ALTERNATE) TO THE ZONING BOARD OF APPEALS, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2006.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Ludwig to concur with 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.
 
D. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT ELWYN RIDER TO THE PARKS AND RECREATION COMMISSION FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2006, AND ENDING JANUARY 31, 2009.
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to concur with the Mayor's recommendation and reappoint Mr. Rider to his 46th and 47th year on this Board. 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.
 
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to recess as City Council and convene as Board of Review. The motion was adopted by unanimous voice vote.
 
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3328 FOR CONSTRUCTION ON N. EAST AVENUE FROM HOMEWILD AVENUE TO GANSON STREET.
 
Mayor Griffin opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3328.
 
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, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3329 FOR CONSTRUCTION ON FOURTH STREET FROM GRISWOLD STREET TO MORRELL STREET.
 
Mayor Griffin opened the public hearing. No one spoke. The Clerk reported on correspondence received from John Bell, 1013 Fourth Street, objecting to his assessment. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3329.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Ludwig 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 SPECIAL ASSESSMENT ROLL NO. 3330 FOR CONSTRUCTION ON GANSON STREET FROM EAST AVENUE TO ELM STREET.
 
Mayor Griffin opened the public hearing. Brooks Lantz, 1316 E. Ganson, asked how his assessment was determined and questioned the figure given for his front footage; staff responded. No correspondence was received. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3330.
 
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, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3331 FOR CONSTRUCTION ON HIGH STREET FROM FOURTH STREET TO FRANCIS STREET.
 
Mayor Griffin opened the public hearing. Sandy Booher, 4325 Saunt Road, addressed the Council objecting to the assessment on her property located at 209 W. High Street. She stated she did not receive notification before the start of the project asking for her opinion. She also remarked that her assessment notification letter should have included a statement that interest will be charged if annual installment payments are made. The Clerk noted correspondence from Jon Robinson, owner of 1234 Maple Street, objecting to his assessment. The Mayor closed the public hearing.
 
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3331.
 
Motion was made by Councilmember Ludwig 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.
 
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adjourn as Board of Review and reconvene as City Council. The motion was adopted by unanimous voice vote.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE APPLICATION FILED BY STEVE'S RANCH, INC. REGARDING A DEVELOPMENT DISTRICT ON-PREMISES CLASS C LIQUOR LICENSE FOR A BUSINESS LOCATED AT 311 LOUIS GLICK HIGHWAY.
 
Mayor Griffin opened the public hearing and noted the applicant was present. No one spoke; the Mayor closed the public hearing.
 
1. RESOLUTION APPROVING THE APPLICATION.
 
Motion was made by Councilmember Mead and seconded by Councilmember Ludwig 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 REQUEST TO REZONE SIX (6) PARCELS OF PROPERTY LOCATED ON THE WEST SIDE OF THE MCKAY STREET RIGHT-OF-WAY AND SOUTH OF ARGYLE STREET FROM R-4 (HIGH-DENSITY APARTMENT AND OFFICE) TO C-4 (GENERAL COMMERCIAL).
 
Mayor Griffin opened the public hearing and noted the applicant was present. No one spoke; the Mayor closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING SAID PARCELS OF PROPERTY FROM R-4 TO C-4.
 
Motion was made by Councilmember Mead and seconded by Councilmember Greer 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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
C. PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2005-2006 CONSOLIDATED PLAN TO REALLOCATE UNSPENT FUNDS TO NEW PROJECTS AND MAKE FUNDING ALLOCATIONS.
 
1. CONSIDERATION OF A RESOLUTION AMENDING THE 2002-2003, 2003-2004, 2004-2005, AND 2005-2006 CDBG BUDGETS TO REALLOCATE UNSPENT FUNDS.
 
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt the resolution to reallocate unspent funds as follows:
 
Public Services
 
Legal Services of Southern Michigan, Inc. $ 500
 
The Salvation Army $ 14,674
 
Public Services Subtotal $ 15,174
 
Other Projects
 
City Engineering (Streetscape Design) $ 45,000
 
City Fire Department ( Emergency Response Vehicle) $ 95,000
 
Sidewalk Replacement $ 60,436
 
Tree Removal/Planting $ 57,350
 
Nixon Park (Roof) $ 60,336
 
Nixon Park (Electronics) $ 9,680
 
Downtown Facade Improvements $ 60,000
 
Enterprise Group (Incubator Repairs) $ 75,000
 
Riverwalk Project $ 70,000
 
Downtown Rental Rehab $ 75,000
 
Word of Light Empowerment Success Center $ -0-
 
John George Hall $ 50,000
 
Downtown Lighting Project $ 124,741
 
Selective Demolition $ 150,000
 
Community Action Agency (acquisition of blighted buildings) $ 237,000
 
Total $1,184,717
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to amend the main motion by taking $59,000 from the Community Action Agency (acquisition of blighted buildings) for a new total of $178,000 and giving the $59,000 to the Word of Light Empowerment Success Center. The amendment FAILED adoption by the following vote. Yeas: Councilmembers Breeding, Mure and Mead-3. Nays: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Absent: 0.
 
The main motion was then voted on and adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
 
Councilmember Mead stated for the record, in part, that she is deeply disturbed by the current direction of this department - where these funds, that were just reallocated, are being taken from and redirected to. Of the $1,184,00 that is being reallocated, $1,016,933 is coming directly from two programs: the Housing Initiative and the Low Income Owner-occupied Rehab. She described these programs and discussed that they are vital to the City and key elements in its revitalization. In summary, she remarked that there is talk of the comprehensive retooling of these programs and formally requested a full description of the retooling plan and a time line for its implementation.
 
Mayor Griffin called a brief recess at 7:43 p.m. The Council reconvened at 7:49 p.m.
 
D. PUBLIC HEARING ON THE FISCAL YEAR 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICANT PRESENTATIONS, BUDGET DISCUSSIONS AND PUBLIC COMMENT.
 
Mayor Griffin opened the public hearing. The following applicants for CDBG funding addressed the Council: Kim Hastings, Jackson School of the Arts; Linda Tallman and Evon Beavers, Family Service & Children's Aid; Molly Kaser and Dr. Jane Grover, Center for Family Health; Mark Brusseau, Greater Jackson Habitat for Humanity; Lori Rodgers-Roll, American Red Cross; Pastor Wayne White, Word of Light Empowerment Success Center; Karen Jackson, Jackson Affordable Housing; Jean Ann Hughes, Girl Scouts - Irish Hills Council; Betsy Maurer, Partnership Park After School Program; Bob Powell, Florence Crittenton Services; Kyle Jansen, Big Sister Kim Malone and Little Brother DeShaun, Big Brothers Big Sisters of Jackson County; Brenda Leonard and Toby Budd, Community Action Agency; Karen Lewthwaite, Legal Services of South Central Michigan; Ken Toll and Richard LaPratt, United Way - 2-1-1; Roni Weaver, Enterprise Group Incubator Facility. The Mayor closed the public hearing.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM PHILIP M. DULLOCK TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED BUSINESS (MCL 436.1521(1)); WITH DANCE PERMIT, LOCATED IN ESCROW AT 128 W. MICHIGAN AVENUE (FKA THE CAPITOL CLUB), FROM WILLIAM M. DULLOCK (STEP II).
 
Motion was made by Councilmember Ludwig 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. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM FIRST NATIONAL BANK OF AMERICA TO TRANSFER OWNERSHIP OF 2004 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 701 PAGE AVENUE, FROM DCS ENTERPRISES, LLC (THE STEIN).
 
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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
ORDINANCES.