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DECEMBER 12, 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 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, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Mayor Griffin announced that Item 13.B., consideration of a request to rezone property at 616 N. Wisner Street, is a public hearing and has been moved to become Item 11.B.
 
Motion was made by Councilmember Greer and seconded by Councilmember Mead to adopt the agenda, as amended. 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.
 
CITIZEN COMMENTS.
 
Amber Bundy, 1232 First Street, addressed the Council as a member of the Jackson Youth Council and stated they are exploring ways to make Jackson a better community in which to live. One way to accomplish this is to eliminate the use of weapons and illegal drugs.
 
Sarah Demeter, 2200 Spring Arbor Road and also a member of the Jackson Youth Council, would like to see abandoned houses used for animal shelters.
 
Phil Schaunessy, leader of Boy Scout Troop 309, explained to the Council his troop is in attendance to earn their Citizenship in the Community merit badges.
 
Andy Weeks, General Manager of Eaton Corporation, spoke in support of the resolution regarding designation of property located at 300 S. East Avenue as a Redevelopment Renaissance Zone.
 
CONSENT CALENDAR.
 
Councilmember Breeding requested Item E be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Ludwig to approve the following Consent Calendar, with Item E 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 November 28, 2006.
 
B. Approval of the request from Jackson Right to Life to conduct their annual memorial motorcade on Saturday, January 20, 2007. (Recommended approval received from the Police, Fire and Traffic Engineering Departments. Proper insurance coverage received and approved.)
 
C. Approval of the following street closures request from the Downtown Development Authority regarding the Eve on the Ave celebration on Sunday, December 31, 2006, and Monday, January 1, 2007:
 
1. Michigan Avenue from Francis Street to the parking ramp entrance on Michigan Avenue in front of the Riverwalk Hotel, and Francis Street from Louis Glick Highway to Cortland Street between 11:30 p.m and 1:00 a.m.
 
2. Michigan Avenue from Jackson Street to Mechanic Street between 11:00 p.m. and 12:30 a.m.
 
(Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments.)
 
D. Approval of final Change Order No. 1 to the contract with Rothenberger Company, Inc., in the amount of $1,506.06, for the South Cooper Street Water Main Replacement project, and authorization for the City Manager, City Engineer and Director of Public Services to execute the appropriate contract document(s), in accordance with the recommendation of the City Engineer.
 
E. Removed for separate consideration.
 
F. Receipt of the Dangerous Building Status Report through November 30, 2006.
 
CONSENT CALENDAR ITEM E.
 
Approval of the request to accept the offer to purchase two (2) City vacant lots located at 1002 and 1008 Francis Street, in the amount of $1,000.00, and to waive the requirement for a development agreement, in accordance with the recommendation of the Community Development Director.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to accept the offer to purchase in the amount of $10.00 for both lots and to waive the requirement for a development agreement. 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.
 
A. RECEIPT OF THE TELECOMMUNICATIONS ADVISORY BOARD REPORT.
 
1. CONSIDERATION OF THE REQUEST TO ACCEPT THE EQUIPMENT PURCHASE, INSTALLATION AND “GOLD” LEVEL MAINTENANCE PROPOSALS FROM AVI SYSTEMS, INC., GRAND RAPIDS, MICHIGAN, IN THE AMOUNT OF $66,792.00, FOR AN AUDIO/VISUAL SYSTEM IN THE CITY COUNCIL CHAMBERS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE TELECOMMUNICATIONS ADVISORY BOARD.
 
Al Eichenberg, Telecommunications Advisory Board Chair, was available to answer questions.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request and to note that City Council meeting minutes, and not recordings, are the official records. 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 REAPPOINT ANDREW DOTTERWEICH TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT RICHARD LAWSON AND CLYDE W. MAULDIN TO THE CITY PLANNING COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT COUNCILMEMBER JERRY LUDWIG TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES, BEGINNING IMMEDIATELY AND ENDING JANUARY 31, 2009.
 
D. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT EDWARD PETERSON TO THE HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
E. APPROVAL OF THE MAYOR'S RECOMMENDATION FOR CAROL KONIECZKI TO SERVE ON THE JACTS POLICY COMMITTEE AS ONE OF TWO REPRESENTATIVES FOR THE CITY OF JACKSON.
 
F. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT COUNCILMEMBER WILLIAM MURE TO THE PARKS AND RECREATION COMMISSION, BEGINNING IMMEDIATELY AND ENDING NOVEMBER 30, 2009.
 
G. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT PATRICIA GUTEKUNST, ANDREW DOTTERWEICH AND WILLIAM ROSS TO THE REGION 2 PLANNING COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
H. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT HOMITA MCDONALD, AND COUNCILMEMBERS DANIEL GREER AND CARL BREEDING TO THE TELECOMMUNICATIONS ADVISORY BOARD FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
I. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT ANDREW DOTTERWEICH TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
J. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JEANNE L. KUBISH TO THE ZONING BOARD OF APPEALS, AS THE CITY PLANNING COMMISSION REPRESENTATIVE, FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
K. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT MARTHA FUERSTENAU, KARESSA WEIR AND JOHN SCHAUB TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM, BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2009.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve Items A through K. 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 Ludwig 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. 3332 FOR STREET CONSTRUCTION ON SEYMOUR AVENUE FROM MICHIGAN 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. 3332.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer 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. 3333 FOR STREET CONSTRUCTION ON WILDWOOD AVENUE FROM WEST AVENUE TO STEWARD AVENUE.
 
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. 3333.
 
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.
 
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.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING ON THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA OF THE CITY.
 
Mayor Griffin opened the public hearing. George Webster, Pedal and Tour, addressed the Council stating he is not opposed to the meterless parking system, but is concerned that over the years fewer and fewer people are paying into it. He also discussed the establishment of a Central Parking District. Todd Sanford, The Rocket, expressed concern with (1) the amount of his revised assessment, (2) the fact that his business is not open during the week, (3) other businesses also use the parking lot, (4) he pays his employees to clean it, (5) several spaces are used during the winter for excess snow and (5) poor drainage in the parking lot causes his basement to leak. The Clerk noted correspondence received from Fady, Inc. (Adams Hotel) objecting to their revised assessment referencing 26 units. The Mayor closed the public hearing.
 
1. CONTINUE THE METERLESS PARKING SYSTEM FOR FISCAL YEAR 2006-2007, ASSESSING THE RATE PER SPACE OF $59.66, AND THE MINIMUM CHARGE OF $125.00
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to approve the continuation of the system, assessing the rate per space of $59.66, and the minimum charge of $125.00. 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. RESOLUTION DETERMINING THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM, ORDERING THE CITY ASSESSOR TO PREPARE ASSESSMENT ROLL NOS. 4146 AND 4147, AND ESTABLISHING JANUARY 9, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING CONFIRMING THE METERLESS PARKING SYSTEM ASSESSMENT ROLLS.
 
Councilmember Mead requested information on the revised assessment sent to The Rocket; Senior Appraiser Deborah Koehn responded. Councilmember Ludwig stated he would look into the situation of the drainage problem in the parking lot.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer 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.
 
B. PUBLIC HEARING ON THE REQUEST TO REZONE THE PROPERTY LOCATED AT 616 N. WISNER STREET FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO C-4 (GENERAL COMMERCIAL). (CITY PLANNING COMMISSION RECOMMENDS DISAPPROVAL.)
 
Mayor Griffin opened the public hearing. Deborah and Richard Vermeulen spoke in support of their request for the rezoning. No correspondence was received; Mayor Griffin closed the public hearing.
 
1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.183, CITY CODE, REZONING THE PROPERTY LOCATED AT 616 N. WISNER STREET FROM R-1 TO C-4.
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to approve an ordinance rezoning the property to R-2 and place the ordinance 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.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES FOR 2007.
 
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to adopt the resolution, with a notation that the meeting of January 16 is a special meeting. 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 A MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) PERFORMANCE RESOLUTION RELATED TO THE ANNUAL PERMIT FOR TRUNKLINE RIGHT-OF-WAY, AUTHORIZATION FOR THE CITY CLERK TO EXECUTE THE RESOLUTION AND AUTHORIZATION FOR THE CITY ENGINEER (STREET ADMINISTRATOR) TO EXECUTE THE PERMIT, 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 Breeding, Mure, Greer, Mead, Frounfelker and Ludwig-7. Nays: 0. Absent: 0.
 
C. CONSIDERATION OF A RESOLUTION SUPPORTING DESIGNATION OF A REDEVELOPMENT RENAISSANCE ZONE FOR THE PROPERTY LOCATED AT 300 S. EAST AVENUE.
 
Motion was made by Councilmember Ludwig and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Griffin and Councilmembers Breeding, Greer, Frounfelker and Ludwig-5. Nays: Councilmembers Mure and Mead-2. Absent: 0.
 
D. CONSIDERATION OF A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT WITH THE MICHIGAN STATE HISTORIC PRESERVATION OFFICE (SHPO) ON BEHALF OF THE JACKSON HISTORIC DISTRICT COMMISSION, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE GRANT AGREEMENT AND ANY NECESSARY AMENDMENTS SUBJECT TO REVIEW AND MINOR MODIFICATIONS BY THE CITY ATTORNEY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer 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. CONSIDERATION OF THE REQUEST TO CORRECT A SCRIVENER'S ERROR IN SECTION 28-71 (161) OF THE CITY'S CODE OF ORDINANCES.
 
Motion was made by Councilmember Greer and seconded by Councilmember Ludwig 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. Item moved to 11. B. - Public Hearings.
 
OTHER BUSINESS.
 
None.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE CONTRACT BETWEEN THE CITY AND NIGHT MAGIC, INC. FOR THE DECEMBER 31, 2006, EVE ON THE AVE FIREWORKS DISPLAY, AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND FIREWORKS PERMIT, AND AUTHORIZATION FOR STAFF TO MAKE MINOR MODIFICATIONS TO THE CONTRACT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY ATTORNEY.
 
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.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE A TWO-YEAR AGREEMENT WITH BROADSPIRE SERVICES, INC., FOR THIRD PARTY ADMINISTRATION OF WORKERS'S COMPENSATION CASES, IN THE AMOUNT OF $21, 195.00,WITH A RATE INCREASE FOR CLAIM SERVICE NOT-TO-EXCEED 3% FOR THE SECOND YEAR, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PERSONNEL AND LABOR RELATIONS.
 
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.
 
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO FEB ENTERPRISES, INC., IN THE AMOUNT OF $28,980.00, FOR THE OWNER OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 405 S. GRINNELL STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE BID REVIEW COMMITTEE AND COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mead 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.
 
D. CONSIDERATION OF A RESOLUTION APPROVING THE LIST OF CITY STREETS, AS PRESENTED, FOR SUBMISSION TO THE JACKSON AREA COMPREHENSIVE TRANSPORTATION STUDY (JACTS) TECHNICAL COMMITTEE FOR FEDERAL FUNDING CONSIDERATION FOR THE FISCAL YEARS 2008-2011 TRANSPORTATION IMPROVEMENT PLAN (TIP), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
 
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.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO CENTRAL TRUCK CENTER, LANSING, MICHIGAN, IN THE AMOUNT OF $85,431.00, FOR A DUMP TRUCK FOR THE WATER DEPARTMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC SERVICES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Frounfelker 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.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Greer remarked that the Mayor will be missed and it has been a pleasure serving with him. He wished him all the best and is looking forward to working with him in the future. He also wished everyone a Merry Christmas.
 
Councilmember Mure announced a neighborhood meeting at the Boos Center on Monday, December 18 at 6:00 p.m. He also announced a Youth Summit meeting on Saturday, December 16 at 1:00 p.m. in the Council Chambers.
 
Councilmember Ludwig thanked the Mayor for his outstanding service to the City. He also commented that although people have their differences, the key thing to remember is that everyone is striving to do the same thing. He wished Mayor the best of luck and then presented him with a gavel and City flag.