CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:04 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 Breeding and seconded by Councilmember Mure to add two action items to the agenda regarding travel requests for Councilmember Breeding to attend the National League of Cities annual conference and for Councilmember Greer to attend the Michigan Municipal League annual convention. The motion was adopted by unanimous voice vote.
Motion was made by Councilmember Ludwig and seconded by Councilmember Breeding 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.
Michael Wisniewski, 1406 Locust Street, addressed the Council with complaints of mosquitoes in the City. He explained that at 1307 and 1215 Lewis Streets there are abandoned tires that fill with water and become a breeding ground for insects. He presented the Council with documents showing the names of the owners of these two properties.
Jesse Smerdel, Manager of McDonald Roofing, asked the Council to award the contract for roofing at the Water Treatment Plant to McDonald Roofing.
Jeannette Woodard, 1408 First Street, encouraged the Council to adopt Ordinance No. 2006.13.
CONSENT CALENDAR.
Councilmember Breeding requested Item O be removed for separate consideration. Motion was made by Councilmember Ludwig and seconded by Councilmember Mead to approve the following Consent Calendar, with Item O 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 July 18, 2006.
B. Approval of the request from Foote Health System to conduct the annual Foote Race on Saturday, September 9, 2006, beginning at 8:30 a.m., with police assistance. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
C. Approval of the request from the Church of God to conduct a March for Christ on Saturday, September 2, 2006, beginning at 3:00 p.m. on Michigan Avenue from Brown Street to Fourth Street and back. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments. Proper insurance coverage received and approved.)
D. Approval of the request from CR Land Wisner St., LLC to split vacant property located on W. Monroe Street (former Jackson Ford site), in accordance with the recommendation of the City Assessor.
E. Approval of the request to accept the donation of property from the Ganson Street Baptist Church for the purpose of establishing a neighborhood park, authorization to record the deeds, and authorization for City staff to take any actions necessary to effectuate the transfer of this property, in accordance with the recommendation of the City Attorney.
F. Approval of the request from the City Planning Commission for authorization to review text discrepancies in certain sections of the City's Zoning Ordinance.
G. Approval of the request from the City Planning Commission for authorization to consider rezoning the area surrounding the intersection of Page Avenue and Plymouth Street from C-2 (community commercial) to R-4 (high-density apartment and office).
H. Approval of the request from City Councilmember Sarah Mead to settle the insurance claim of Deborah Collins as specified.
I. Approval of the request from City Councilmember Jerry Ludwig to waive inspection fees for work to be performed by local non-profit charitable organizations, specifically handicap-accessible ramps.
J. Approval of the 2006-2007 Community Development Block Grant (CDBG) and HOME Subrecipient Agreements and Change orders, in accordance with the recommendation of the Community Development Director.
K. Approval of the Lead Hazard Control Grant Program Guidelines, in accordance with the recommendation of the Community Development Director.
L. Authorization to proceed with the sale of a home under the New Neighbor Home Program, located at 1911 E. Ganson Street, and to renegotiate the price and/or terms if necessary, contingent upon review and approval of contract language by the City Attorney, in accordance with the recommendation of the Community Development Director.
M. Authorization for the Mayor to execute the Waterfront Redevelopment Grant Agreement Amendment and End Date Extension for the Jackson Riverwalk Trail Project (Grand River Artswalk), in accordance with the recommendation of the Community Development Director.
N. Receipt of the Dangerous Building Status Report through July 31, 2006.
O. Removed for separate consideration.
P. Receipt of a petition circulated by Charles Mitchell to vacate that part of a 16 foot wide alley running west from the west line of Milwaukee Street 102.60 feet and lying south of Lots 1 and 2 and north of Lots 32 and 33, Block 2, Jackson Land & Improvement Company's Subdivision of Blocks 2 and 7 parts of Blocks 1, 3, 4, 5, 6, 11, and 12 of Francis Street Addition and referral to staff for appropriate action.
Q. Receipt of the City Engineer's report for street construction on Clinton Road from Lansing Avenue to Adams Street, and establishment of September 12, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
R. Receipt of the City Engineer's report for street construction on Clinton Road from Adams Street to Monroe Street, and establishment of September 12, 2006, at the City Council meeting as the time and place to hold a public hearing of necessity.
S. Establishment of September 12, 2006, at the City Council meeting as the time and place to hold a public hearing on the application for an Industrial Facilities Exemption Certificate filed by Technique Inc., 2427 Research Drive.
T. Establishment of September 26, 2006, at the City Council meeting as the time and place to hold a public hearing to amend the City's Brownfield Plan to include the property located at 1200 N. West Avenue.
U. Establishment of September 26, 2006, at the City Council meeting as the time and place to hold a public hearing on the City's 2005-2006 Consolidated Annual Performance and Evaluation Report (CAPER) and HOME Annual Performance Report, and authorization to disseminate draft document for public review and 30-day comment period.
V. Establishment of September 26, 2006, at the City Council meeting as the time and place to hold a public hearing to create an Obsolete Property Rehabilitation District (OPRD) #4, and to consider an application for an OPRD Tax Exemption Certificate for the property located at 401-403 S. Mechanic Street.
CONSENT CALENDAR ITEM O.
Receipt of notice of three (3) administrative amendments to the Personnel Policy updating the Occupational List of Class Titles; upgrading a current position in the Community Development Department, upgrading a current position in the Assessor's Department, and change the title of Chief Building Inspector to Chief Building Official.
Motion was made by Councilmember Greer to receive the notice.
Motion was made by Councilmember Mure and seconded by Councilmember Breeding to divide the question, separating the three administrative amendments to the Personnel Policy. 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.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to receive the notice of the administrative amendment regarding the position of Community Development Grant Coordinator. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Greer, Mead, Frounfelker and Ludwig-5. Nays: Councilmembers Breeding and Mure-2. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to receive the notice of the administrative amendment regarding the position of Senior Appraiser. 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.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to receive the notice of the administrative amendment regarding the position of Chief Building Official. 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.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT GEORGE VEACH (MEMBER-AT-LARGE) TO THE CITY EMPLOYEES RETIREMENT BOARD OF TRUSTEES FOR A FOUR-YEAR TERM, BEGINNING SEPTEMBER 1, 2006, AND ENDING AUGUST 31, 2010.
Motion was made by Councilmember Breeding 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.
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JEFF HESTON TO THE CITY EMPLOYEES RETIREMENT BOARD OF TRUSTEES, FILLING A VACANCY, BEGINNING IMMEDIATELY AND ENDING AUGUST 31, 2008.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to concur with the appointment of Jeff Heston. 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 REAPPOINT SHEILA PATTERSON AND MONTE PARKINSON TO THE CIVIL SERVICE COMMISSION FOR A THREE-YEAR TERM, BEGINNING SEPTEMBER 1, 2006, AND ENDING AUGUST 31, 2009.
Motion was made by Councilmember Greer and seconded by Councilmember Mure to approve the 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 REQUEST TO REZONE THE PROPERTY LOCATED AT 401 PAGE AVENUE FROM C-2 (COMMUNITY COMMERCIAL) TO R-4 (HIGH-DENSITY APARTMENT AND OFFICE). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 401 PAGE AVENUE FROM C-2 TO R-4.
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker 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.
B. PUBLIC HEARING ON THE REQUEST TO REZONE A PORTION OF A PARCEL OF PROPERTY (424 W. NORTH STREET) ADJACENT TO 915 LANSING AVENUE FROM R-3 (MULTIPLE-FAMILY RESIDENTIAL) TO C-2 (COMMUNITY COMMERCIAL). (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Griffin opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING A PORTION OF A PARCEL OF PROPERTY (424 W. NORTH STREET) FROM R-3 TO C-2.
Motion was made by Councilmember Mure 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 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 Greer 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. 4142 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
Mayor Griffin opened the public hearing. No one spoke; the City Clerk reported on correspondence received from Philip Hill objecting to the proposed assessment against his property located at 312 N. Gorham Street (Stencil No. 8-0214). The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4142.
Motion was made by Councilmember Mure and seconded by Councilmember Greer to adopt the resolution, deleting Stencil No. 8-0214 for investigation. 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. 4143 FOR DELINQUENT MISCELLANEOUS WASTEWATER FUND ACCOUNTS RECEIVABLE.
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. 4143.
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.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn as Board of Review and reconvene as City Council. The motion was adopted by unanimous voice vote.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM STEVE'S RANCH, INC. FOR A NEW FULL YEAR CLASS C LICENSE ISSUED UNDER MCL 436.1521(1) (DOWNTOWN DEVELOPMENT AUTHORITY LICENSE) TO BE LOCATED AT 311 LOUIS GLICK HIGHWAY.
Motion was made by Councilmember Frounfelker 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. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM PREGO, LLC TO ENLARGE EXISTING OUTDOOR SERVICE AREA IN CONJUNCTION WITH 2006 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT LOCATED AT 137-139 W. MICHIGAN AVENUE (BELLA NOTTE).
Motion was made by Councilmember Frounfelker 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. CONSIDERATION OF A RESOLUTION FROM THE LIQUOR CONTROL COMMISSION REGARDING THE REQUEST FROM DEKCAA, INC. TO TRANSFER ALL STOCK IN 2006 CLASS C LICENSED BUSINESS, LOCATED AT 1628 E. MICHIGAN AVENUE, THRU TRANSFER OF 1,000 SHARES OF STOCK FROM EXISTING STOCKHOLDER, CHERYL A. KLIMA, TO NEW STOCKHOLDER, DAVID E. KLIMA, AND REQUEST A NEW ENTERTAINMENT PERMIT.
Motion was made by Councilmember Mure 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. 2006.13 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 Greer and seconded by Councilmember Mead to adopt Ordinance No. 2006.13. 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 THE FIRST RENEWAL TO THE CONTRACT WITH AL WILLIAMS CLEANING AGENCY, IN THE AMOUNT OF $61,467.12, FOR JANITORIAL SERVICES FOR CITY HALL, WATER DEPARTMENT, WASTEWATER TREATMENT PLANT, AND THE DEPARTMENT OF PUBLIC SERVICES, IN ACCORDANCE WITH THE RECOMMENDATION OF CITY DEPARTMENT REPRESENTATIVES AND THE PURCHASING AGENT.
Motion was made by Councilmember Breeding and seconded by Councilmember Mure 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 JACK DOHENY SUPPLIES, INC., NORTHVILLE, MICHIGAN, IN THE AMOUNT OF $267,420.00, FOR A 2006 SEWER-VACTOR TRUCK, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO DETROIT CORNICE AND SLATE COMPANY, INC., FERNDALE, MICHIGAN, IN THE AMOUNT OF $155,318.00, FOR A NEW ROOF ON THE PUMP HOUSE AT THE WATER TREATMENT PLANT, 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.
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig to award the bid to the second bidder, McDonald Roofing. Because they are a local company and taxpayers, the money will go back into this community and provide continuing employment. In addition the difference between the two bids is approximately 7%. 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 LOW BID AWARD TO WIERS INTERNATIONAL TRUCKS, JACKSON, IN THE AMOUNT OF $111,998.11, FOR TWO (2) TANDEM REAR AXLE HOOK LIFT TRUCKS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES 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.
E. CONSIDERATION OF THE REQUEST TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH HAMILTON ANDERSON ASSOCIATES, IN THE AMOUNT OF $47,660.00, FOR ADDITIONAL WORK RELATED TO THE URBAN ARTS LEG OF THE JACKSON RIVERWALK TRAIL, AND AUTHORI
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