CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 6:30 p.m. by Mayor Martin J. Griffin.
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION REGARDING THE GREATER BIBLE WAY TEMPLE OF JACKSON V. THE CITY OF JACKSON.
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to go into closed executive session. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
RETURN TO OPEN SESSION.
At 7:04 p.m., a motion was made by Councilmember Mure and seconded by Councilmember Mead to return to open session. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Frounfelker gave the invocation.
ROLL CALL.
Present: Mayor Martin J. Griffin and Councilmembers William A. Mure, Daniel P. Greer, Sarah E. Mead, Andrew R. Frounfelker and Jerry F. Ludwig-6. Absent with excuse: Councilmember Carl L. Breeding-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 Greer and seconded by Councilmember Ludwig to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
CITIZEN COMMENTS. (Heard before Presentations/Proclamations)
Pastor Mike Lee of Grace Baptist Church spoke on behalf of World Changers, thanking the City, local churches, local businesses and Dennis Diffenderfer for their participation. They also presented a banner and t-shirts celebrating the 10th year of World Changers in the City of Jackson.
Jeannette Woodard, First Street, urged the Council to adopt Ordinance No. 2006.11.
Deborah Campbell of Goodwill Industries explained that 25% of her clients use the Jackson Transportation Authority PET program and they will suffer if JTA discontinues this.
Will Riley, on behalf of the HRC, thanked the Council for adopting the resolution expressing opposition to the proposed ballot amendment to end affirmative action. He also invited everyone to attend the HRC picnic on July 22 in Ella Sharp Park. Mr. Riley reported that the HRC Complaint Committee suggested that Councilmember Mead, another Councilmember, the City Manager, the City Attorney and the Complaint Committee meet with Mrs. Deborah Collins.
Kamauri Collins, daughter of Deborah Collins, explained the she relies on her mother for transportation and the matter of the vehicle accident needs to be resolved.
William Collins, husband of Deborah Collins, expressed that he wants the matter of the vehicle accident resolved.
PRESENTATIONS/PROCLAMATIONS.
A. PRESENTATION BY DEBORAH A. COLLINS.
Mrs. Collins showed the video tape of the accident which involved her vehicle and a police vehicle driven by Officer Campbell on April 29, 2006. Diane Clay, a passenger in the vehicle, addressed the Council expressing concern that the Officer did not leave her vehicle to see if they were injured.
Councilmember Mead noted that she has not been involved with this and would like to speak with Mrs. Collins, the City Manager and the City Attorney before making any decisions.
CONSENT CALENDAR.
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of June 27, 2006.
B. Approval of the minutes of the special City Council meeting of June 28, 2006.
C. Approval of the request from the Jackson District Library to conduct the Carnegie 100th Anniversary on Saturday, August 19, 2006, from 9:00 a.m. until 7:00 p.m. and request to close Michigan Avenue from Blackstone to Jackson Street and Hayes Street from Michigan Avenue to Pearl Street. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Proper insurance coverage received and approved.)
D. Approval of the request from Seventh Son Productions to hold a Steve Berkemeier Fundraiser Concert on Sunday, July 23, 2006, at 2:00 p.m. (rain date, Saturday, August 5, 2006, at 6:00 p.m.) at Bucky Harris Park. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Hold Harmless Agreement executed in lieu of insurance coverage.)
E. Approval of the request from Jackson Raceweek for use of the lower west level of the Francis Street parking garage on Friday, July 28, 2006, if needed for inclement weather, to conduct the IRL driver autograph session. (Recommended approval received from the Engineering Department.)
F. Approval of the request from the Police Department and the Community Action Agency to hold National Night Out-Partnership Park on Tuesday, August 1, 2006, beginning at 5:00 p.m. at Governor Austin Blair Park, and request closure of Greenwood Place between Wilkins and Biddle Streets from 5:00 p.m. until 8:00 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments. Proper insurance coverage received and approved.)
G. Approval of the Jackson County Enhanced Emergency 911 Services invoice, in the amount of $10,832.50, for the period of April 2006 through June 2006, in accordance with the recommendation of the City Manager.
H. Approval of temporary Traffic Control Order No. 1931T allowing on-street parking on Wellworth Street adjacent to Heat Controller, Inc., in accordance with the recommendation of the City Engineer.
I. Approval of Amendment No. 2 to the Engineering Services Contract with DLZ, in the amount of $1,405.00, for additional work related to the Denton Road Bridge Design project, and authorization for the City Engineer and City Manager to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
J. Approval of the request from the Community Development Director to cancel the public hearing to amend the City's Brownfield Plan to include the properties located at 1911 Cooper Street and 502-506 E. Prospect Street.
K. Approval of the request to reject all bids related to the tile roof project at the Water Treatment Plant Pump House and to proceed with the process of re-bidding the project, in accordance with the recommendation of the Director of Public Services and the Purchasing Agent.
L. Receipt of the Dangerous Building Status report through June 30, 2006.
M. Receipt of petitions filed by Sprint Nextel Corporation regarding Parcel Nos. 9-00020 and P-28113 with the Michigan Tax Tribunal and referral to the City Assessor and City Attorney for appropriate action.
N. Receipt, with regret, of the resignation of David S. Flower from the Downtown Development Authority, effective immediately.
O. Receipt of notice of administrative changes to the Personnel Policy adding a new title and classification in the Occupational List of Class Titles.
P. Receipt of the Community Development Department's Quarterly Building Permit report.
Q. Referral of an application to the City Planning Commission filed by Elizabeth A. Martens to rezone property commencing at a point on the north line of North Street being the southwest corner of Lot 16, Block 4, North Star Addition to the City of Jackson from R-3 to C-2.
R. Referral of an application to the City Planning Commission filed by Peter and Margaret Kalbarczyk to rezone property located at 401 Page Avenue from C-2 to R-4.
COMMITTEE REPORTS.
A. RULES AND PERSONNEL COMMITTEE.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the composite evaluations of the appointed officials and direct that they be placed in the affected appointed official's personnel file and that the City Councilmembers' individual evaluations of each official be secured in the office of the City Clerk. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
1. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND WILLIAM R. ROSS, CITY MANAGER.
Motion was made by Councilmember Mead and seconded by Councilmember Mure to divide the question. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve a 3% wage increase for an annual base salary of $113,300.00, effective July 1, 2006. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Mure and Mead-2. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the extension of the employment agreement for an ending date of June 30, 2009, as well as a change to assure full coverage under long term disability as provided to all other employees. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
2. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND JULIUS A. GIGLIO, CITY ATTORNEY.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve a 3% wage increase for an annual base salary of $93,988.53, effective July 1, 2006. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Mure and Mead-2. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the extension of the employment agreement for an ending date of June 30, 2009. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
3. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND LYNN FESSEL, CITY CLERK.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve a 3% wage increase for an annual base salary of $72,615.00, effective July 1, 2006. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Mure and Mead-2. Absent: Councilmember Breeding-1.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the extension of the employment agreement for an ending date of June 30, 2009. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE REQUEST FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE ALLOWING HOSPITALS USED FOR THE TREATMENT OF PRISON AND/OR JAIL INMATES IN THE R-4 (HIGH DENSITY APARTMENT AND OFFICE) DISTRICT.
Mayor Griffin opened the public hearing. Jeannette Woodard spoke to this matter during Citizen Comments. The Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-71, CITY CODE, ALLOWING HOSPITALS USED FOR THE TREATMENT OF PRISON AND JAIL INMATES IN THE R-4 DISTRICT.
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 Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM THE FOOD WAREHOUSE LLC, TO TRANSFER OWNERSHIP OF 2005 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 145 W. PEARL STREET (THE RED MOOSE INN), FROM DIANA L. YOUNG AND VICTOR M. YOUNG.
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, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
B. CONSIDERATION OF A RESOLUTION ESTABLISHING AUGUST 15, 2006, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4142 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker 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: 0. Absent: Councilmember Breeding-1
C. CONSIDERATION OF A RESOLUTION ESTABLISHING AUGUST 15, 2006, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4143 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
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 Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
D. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR MILLING AND RESURFACING OF ELM AVENUE FROM HOMEWILD AVENUE TO NORTH STREET, WITH AN ESTIMATED CONSTRUCTION COST OF $383,400.00 (CITY'S PORTION IS $69,600.00), AND SANITARY SEWER AND WATER MAIN REPAIR WITH AN ESTIMATED COST TO THE CITY IN THE AMOUNT OF $142,000.00, 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 Greer and seconded by Councilmember Ludwig 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: 0. Absent: Councilmember Breeding-1.
E. CONSIDERATION OF A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) FOR CONSTRUCTION OF A CENTER LEFT-TURN LANE ON WISNER STREET BETWEEN NORTH AND ARGYLE STREETS, WITH AN ESTIMATED CONSTRUCTION COST OF $172,000.00 (CITY'S PORTION IS $34,400.00), 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 Mead and seconded by Councilmember Ludwig 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: 0. Absent: Councilmember Breeding-1.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2006.11 AMENDING CHAPTER 28, SECTIONS 28-5, 28-46, 28-71, AND 28-136, CITY CODE, TO ALLOW 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 adopt Ordinance No. 2006.11. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
B. FINAL ADOPTION OF ORDINANCE NO. 2006.12 AMENDING CHAPTER 28, SECTIONS 28-71 AND 28-150, CITY CODE, TO ALLOW AUTO WASHING STATIONS AS A CONDITIONAL USE IN MOST COMMERCIAL AND ALL INDUSTRIAL DISTRICTS WITH ADDITIONAL DEVELOPMENT REQUIREMENTS.
Motion was made by Councilmember Mead and seconded by Councilmember Mure to adopt Ordinance No. 2006.12. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
* * * The City Manager stated he will work with staff and set up a meeting with Deborah Collins and the HRC Complaint Committee. Mayor Griffin requested a complete staff report on this matter.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO NOMINATE COUNCILMEMBER DANIEL GREER AS THE VOTING DELEGATE OR ALTERNATE TO REPRESENT THE CITY AT THE MICHIGAN MUNICIPAL LEAGUE'S ANNUAL BUSINESS MEETING TO BE HELD IN MARQUETTE, MICHIGAN, FROM SEPTEMBER 27 THROUGH 29, 2006, AND APPROVAL OF ESTIMATED TRAVEL EXPENSES AS LISTED.
Motion was made by Councilmember Frounfelker and seconded by Mayor Griffin to approve the request. The motion was lost due to the following tie vote. Yeas: Mayor Griffin and Councilmembers Greer and Frounfelker-3. Nays: Councilmembers Mure, Mead and Ludwig-3. Absent: Councilmember Breeding-1.
B. Deleted.
C. Deleted.
D. CONSIDERATION OF THE REQUEST TO APPROVE THE REGION 2 PLANNING COMMISSION INVOICE, IN THE AMOUNT OF $34,296.02, FOR PLANNING SERVICES FROM APRIL 2006 THROUGH JUNE 2006, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
Motion was made by Councilmember Mead and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
E. CONSIDERATION OF THE REQUEST TO APPROVE THE SALE OF THE NEW NEIGHBOR HOME PROGRAM PROPERTY, LOCATED AT 1906 PLYMOUTH STREET, OR TO RENEGOTIATE THE SALE PRICE AND/OR TERMS, SUBJECT TO MINOR MODIFICATIONS AND APPROVAL BY THE CITY ATTORNEY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Mure and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
F. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO A-ONE LAWN CARE, IN THE AMOUNT OF $25,202.00, FOR TAX REVERTED AND CITY-OWNED PROPERTIES, AND AUTHORIZATION FOR THE CITY MANAGER AND MAYOR TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), 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 Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: 0. Absent: Councilmember Breeding-1.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Mead inquired why Hibbard Avenue, in the budget for water main replacement and street repair, was taken out of the work schedule. The City Manager and Superintendent of Public Services Glenn Chinavare explained why there were no funds available for Hibbard and that it was deleted based on dollars only. Councilmember Mead explained she had promised her constituents for 2 years that the work would be done and requested that she be kept informed of these matters.
Mayor Griffin inquired about the status of meeting with the different employee groups and coming up with common insurance. Personnel Director Catherine Brechtelsbauer stated there is agreement in principle, not in writing, with all the union leadership to participate in that process. Meetings will be scheduled in August/September. She further explained that there will be no changes through next June 30, but during this fiscal year we will be planning where we'll be next July.
Councilmember Frounfelker thanked Chief Building Inspector Bill Ungar, who recently retired, for his service to the City.
ADJOURNMENT.
Motion was made by Councilmember Mure and seconded by Councilmember Greer to adjourn. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:54 p.m.
Lynn Fessel
City Clerk
© City of Jackson, 2012
