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NOVEMBER 14, 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 7:00 p.m. by Mayor Martin J. Griffin.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Ludwig 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, 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.
 
None.
 
CONSENT CALENDAR.
 
Councilmember Mure requested Item F be removed for separate consideration and Councilmember Mead requested Item M be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Mead to approve the following Consent Calendar, with Items F and M 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 October 24, 2006.
 
B. Approval of the request from the Salvation Army to conduct its annual Christmas kettle solicitation in the City from Friday, November 17, 2006, through Saturday, December 23, 2006.
 
C. Approval of the request from the Kiwanis Club of Jackson to hold their 88th annual newspaper sale on City streets on Friday, December 8, 2006.
 
D. Approval of the Region 2 Planning Commission invoice, in the amount of $28,292.60, for planning services from July through September 2006, in accordance with the recommendation of the City Manager.
 
E. Approval of Traffic Control Order No. 1940 establishing a “No Parking” zone on the west side of Woodsum Street between Mansion and Prospect Streets, in accordance with the recommendation of the City Manager.
 
F. Removed for separate consideration.
 
G. Approval of Traffic Control Order No. 1942 establishing a “No Stopping, Standing or Parking” zone for 25 feet east and west of the pedestrian crosswalk on West Michigan Avenue between Mechanic and Jackson Streets, in accordance with the recommendation of the City Engineer.
 
H. Approval of Change Order No. 1 to the contract with Concord Excavating, LLC, with a decrease to the contract in the amount of $390.18, for the Monroe Street Sanitary Sewer Reconstruction 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.
 
I. Approval of Change Order No. 1 to the contract with Concord Excavating, LLC, in the amount of $5,244.47, for the Seymour and Loomis Water Main Reconstruction project, and authorization for the City Manager, City Engineer and the Director of Public Services to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
 
J. Approval of Change Order No. 1 to the contract with Robert L. Johnson Construction, in the amount of $20,708.95, for the Norfolk and Union Reconstruction 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.
 
K. Approval of the proposed Sanitary Sewer and Water Main Construction Agreement between the City and Excel Artswalk LDHA LP, Shaker Heights, Ohio, for the Armory Arts Village Core Project located at 100 Armory Court, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the City Attorney's office and the City Engineer.
 
L. Approval of Amendment No. 1 to the Professional Services Agreement with Spicer Group, St. Johns, Michigan, in the amount of $5,000.00, for surveying related to the topographic mapping services, 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.
 
M. Removed for separate consideration.
 
N. Receipt of the Dangerous Building Status Report through October 31, 2006.
 
O. Receipt of a recommendation from the Downtown Development Authority Board of Directors to continue the Meterless Parking program for fiscal year 2006-2007, increasing the rate per space from $57.75 to $59.66, and maintaining the minimum charge of $125.00.
 
P. Establishment of December 12, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity for the 2006-2007 Meterless Parking System.
 
Q. Establishment of Community Development public hearings and approval of the timetable for the 2007-2008 Community Development Block Grant (CDBG) and HOME application process.
 
CONSENT CALENDAR ITEM F.
 
Approval of Traffic Control Order No. 1941 establishing a “No Right Turn on Red” on southbound Elm Avenue at Michigan Avenue, in accordance with the recommendation of the City Engineer.
 
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to install the sign for 30 days and then request a report from the City Engineer. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-5. Nays: Mayor Griffin and Councilmember Greer-2. Absent: 0.
 
CONSENT CALENDAR ITEM M.
 
Approval of the Extension of Lease between the City and Jackson Affordable Housing Corporation (JAHC), authorization for City Staff to make minor modifications to the lease, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the City Attorney.
 
Motion was made by Councilmember Mead and seconded by Councilmember Frounfelker to postpone consideration of this matter until the next regular City Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Mead, Frounfelker and Ludwig-5. Nays: Mayor Griffin and Councilmember Greer-2. Absent: 0.
 
COMMITTEE REPORTS.
 
A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.
 
1. CONSIDERATION OF THE REQUEST TO APPROVE THE PROPOSED E911 SERVICE AGREEMENT BETWEEN THE CITY AND JACKSON COUNTY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY AFFAIRS COMMITTEE.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to receive the report and 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.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT MICHAEL D. LEVY, PRESIDENT/CEO OF INDUSTRIAL STEEL TREATING COMPANY, AS THE INDUSTRIAL/MANUFACTURING REPRESENTATIVE TO THE TOOL & DIE EVALUATION COMMITTEE.
 
Motion was made by Councilmember Greer to approve the recommendation. He then withdrew his motion.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve the appointment for a term of three years beginning immediately. 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 TO APPROVE AN AMENDED BROWNFIELD PLAN FOR THE PROPERTY LOCATED AT 1400 N. WISNER STREET (FORMERLY REFERRED TO AS 1400 W. MONROE STREET-HOME DEPOT).
 
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
 
1. RESOLUTION APPROVING THE AMENDED BROWNFIELD PLAN.
 
Motion was made by Councilmember Greer 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: Councilmember Breeding-1. Absent: 0.
 
2. APPROVAL OF THE AMENDMENT TO BROWNFIELD REIMBURSEMENT AGREEMENT AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY AND THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve the amendment and authorize execution of the agreement. 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.
 
3. AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE DOCUMENT(S) TO EFFECTUATE APPROVAL AND EXECUTION.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to authorize the City Attorney to make minor modifications. 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 AMENDING THE 2006-2007 BUDGET REFLECTING THE RECEIPT OF THE LAWNET CONSPIRACY CONTINUATION PROJECT GRANT, IN THE AMOUNT OF $58,837.00.
 
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 Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
ORDINANCES.
 
A. FINAL ADOPTION OF ORDINANCE NO. 2006.16 AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING CERTAIN PARCELS AT THE INTERSECTION OF PAGE AVENUE AND PLYMOUTH STREET FROM C-2 TO R-4.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt Ordinance No. 2006.16. 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. FINAL ADOPTION OF ORDINANCE NO. 2006.17 AMENDING CHAPTER 28, SECTIONS 28-44 AND 28-71 (50), CITY CODE, REMOVING MULTIPLE-FAMILY DWELLINGS AS A CONDITIONAL USE IN THE C-3 DISTRICT.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to adopt Ordinance No. 2006.17. 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. FINAL ADOPTION OF ORDINANCE NO. 2006.18 ADDING SECTION 25-27.13, TO ARTICLE II OF CHAPTER 25, CITY CODE, TO PROVIDE THAT FRONT YARD PARKING IS A SUPPLEMENTAL PARKING REGULATION.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt Ordinance No. 2006.18. 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.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE ENTERPRISE GROUP OF JACKSON, INC. INVOICE, IN THE AMOUNT OF $10,000.00, FOR ECONOMIC DEVELOPMENT SERVICES FOR THE PERIOD OF JULY 2006, THROUGH JUNE 2007, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER. (ACTION ON ITEM POSTPONED AT THE OCTOBER 24, 2006, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to postpone action on this matter until the next regular City Council meeting. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-6. Nays: Mayor Griffin-1. Absent: 0.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE FIRST RENEWAL TO THE 2005 SNOW SHOVELING SERVICES CONTRACT WITH LAWNS-R-US, HORTON, MICHIGAN, IN THE AMOUNT OF $20,358.65, FOR SNOW AND ICE REMOVAL ON CITY-OWNED PROPERTIES, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE CONTRACT DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT. (ORIGINAL CONTRACT PRICE OF $19,765.68, WITH A 3% YEARLY RATE INCREASE.)
 
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 Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE THE ELLA SHARP MUSEUM INVOICE, IN THE AMOUNT OF $30,000.00, FOR PARKING IMPROVEMENTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker 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.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE OF A PHASE II COMPLIANT E911 POSITRON FROM AT&T, IN THE AMOUNT OF $47,319.00(UTILIZING A BYRNE JUSTICE ASSISTANCE GRANT, IN THE AMOUNT OF $28,426.00, AND THE REMAINING $18,893.00, FINANCED WITH A THREE-YEAR LEASE WITH ANNUAL PAYMENTS OF $6,679.25), FOR THE CITY'S PUBLIC SAFETY ANSWERING POINT (PSAP), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig 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 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE COMMUNITY ACTION AGENCY FOR THE LEAD HAZARD CONTROL PROGRAM, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to postpone action on this matter until more information is received from the Community Development Director. 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 THE REQUEST FROM THE MIDTOWN ASSOCIATION TO APPROVE THE PROPOSED POLICY RELATED TO FUTURE APPLICATIONS FOR MEMORIAL PLAQUES AT THE GRAND RIVER MEMORIAL PARK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
 
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 Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
Councilmember Breeding requested he be invited to the next Midtown Association meeting to assist them in fine tuning the nomination form.
 
F. CONSIDERATION OF THE REQUEST FOR AUTHORIZATION FOR THE FINANCE DIRECTOR TO RELEASE FUNDS, IN THE AMOUNT OF $25,000.00, FOR THE DOWNTOWN DEVELOPMENT AUTHORITY'S FISCAL YEAR 2006-2007 OPERATIONS BUDGET. (FUNDING ALLOCATION APPROVED AT THE MAY 25, 2006, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Mure, Greer, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mead-2. Absent: 0.
 
G. CONSIDERATION OF THE REQUEST TO PURCHASE TWO (2) PICKUP TRUCKS, WITH A TOTAL AMOUNT OF $36,086.00 (UTILIZING THE OAKLAND COUNTY COOPERATIVE PURCHASING PLAN), TO BE SHARED BY THE FORESTRY AND PARKS DEPARTMENTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE SUPERINTENDENT OF CEMETERIES, FORESTRY AND PARKS 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, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
H. CONSIDERATION OF THE REQUEST TO (1) APPROVE THE SUBORDINATION AGREEMENT, IN THE AMOUNT OF $80,000.00, RELATED TO THE DARYL'S DOWNTOWN CONDOMINIUM PROJECT, AND (2) AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S) AND FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE DOCUMENT(S), IF NECESSARY, AND (3) AUTHORIZATION TO DEFER PAYMENT OF THE LOAN UNTIL ALL TERMS OF THE DEVELOPMENT AGREEMENT HAVE BEEN FULFILLED, AT WHICH TIME THE LOAN WILL BE FORGIVEN, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Frounfelker and Ludwig-4. Nays: Councilmembers Breeding, Mure and Mead-3. Absent: 0.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Greer congratulated Mayor Griffin on winning the election for State Representative and stated it has been a pleasure serving with him.
 
Councilmember Breeding: (1) Inquired about the status of the dirt pile at Cooper and North Streets. The City Manager responded and stated he would like direction from the Council on how to proceed with this matter. (2) Asked for clarification of the term “authorize the City Attorney to make minor modifications.” The City Attorney responded. (3) Praised the Department of Public Services for doing an excellent job of leaf removal.
 
Councilmember Mure announced the 3rd Cool Cities Youth Discussion, sponsored by the HRC, on Saturday, November 18 from 1 until 3:00 p.m. and thanked Richard Marsh for a job well done on this project.
 
Councilmember Frounfelker announced DDA Day on Saturday, November 18 and invited everyone to come downtown to buy their Christmas gifts.
 
The City Manager reported on the item given to Councilmembers regarding past procedure for filling a City Council vacancy and asked for feedback. Councilmember Greer remarked it should be on the next agenda.
 
EXECUTIVE SESSION TO DISCUSS A LEGAL OPINION.
 
Motion was made by Councilmember Greer 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: Councilmember Breeding-1. Absent: 0.
 
RETURN TO OPEN SESSION.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mure to return to open session. The motion was adopted by unanimous voice vote.
 
ADJOURNMENT.
 
No further business being presented, Councilmember Greer made a motion to adjourn. The motion was seconded by Councilmember Mure and adopted by unanimous voice vote. The meeting adjourned at 8:50 p.m.
 
Lynn Fessel
 
City Clerk