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 Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. The invocation was given by Councilmember Howe.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-7. Absent: 0.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
ROBERTS RULES OF ORDER
Pursuant to Section 8.3 of the City Charter, a motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt rules of order as laid down in the latest edition of Roberts Rules of Order. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker-5. Nays: Mayor Ludwig and Councilmember Polaczyk-2. Absent: 0.
A. SELECTION OF PARLIAMENTARIAN.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to nominate City Clerk Lynn Fessel as the Parliamentarian. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
AGENDA.
Mayor Ludwig noted an addition, a deletion, a wording change and a corrected attachment.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to move Item 12. G. (Consideration of a resolution adopting a four percent Payment in Lieu of Taxes (PILOT) for Blair Park 2005 Limited Dividend Housing Association, LLC) until after the Executive Session and add this matter to the Executive Session under legal opinions. The motion was adopted by the following vote. Yeas: Councilmembers Howe, Greer, Gaiser and Polaczyk-4. Nays: Mayor Ludwig and Councilmembers Breeding and Frounfelker-3. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to move Item 15. A. (Consideration of a Letter of Agreement between the City and the Jackson Professional Fire Fighters) until after the Executive Session and add this matter to the Executive Session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Gaiser-4. Nays: Councilmembers Breeding, Frounfelker and Polaczyk-3. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adopt the agenda, as amended above. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Nancy O'Neill, 1502 Greenwood, and Charles Ahronheim, 1410 Greenwood, spoke in opposition to Item 8. I. - Traffic Control Order No. 1969 and remarked that they were not notified of this proposed change.
Bruce Inosencio introduced himself as the sole member of 212 West Michigan Avenue, LLC, the entity that is interested in developing the former Consumers Energy building. He is also a member of Hotel Hayes Development LLC one of two entities who submitted a proposal for the redevelopment of 228 W. Michigan Ave. He stated that he and his associates in the audience are available to answer questions on the agenda items related to these redevelopments.
CONSENT CALENDAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of November 27, 2007.
B. Approval of the minutes of the regular City Council meeting of December 4, 2007.
C. Approval of the request from St. John's United Church of Christ to conduct the Eve on the Ave - Partnership Park 5K Run/Walk on city streets, Monday, December 31, 2007, beginning at 11:55 p.m. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Works Departments and the Downtown Development Authority. Proper insurance coverage received.)
D. Approval of the following street closure requests from the Downtown Development Authority regarding the Eve on the Ave celebration on Monday, December 31, 2007, and Tuesday, January 1, 2008: 1. Michigan Avenue from Jackson Street to Mechanic Street, between 11:00 p.m.and 12:30 a.m. 2. Michigan Avenue from Mechanic Street to Louis Glick Highway, and Francis Street from Cortland to Michigan Avenue, between 11:30 p.m. until 1:30 a.m. (Recommended approval received from the Police, Fire, Traffic Engineering and Public Services Departments.)
E . Approval of the contract between the City and Night Magic, Inc., in the amount of $5,000.00, for the December 31, 2007, Eve on the Ave fireworks display, authorization for the Mayor and City Clerk to execute the contract and fireworks permit, and authorization for the staff to make minor modifications to the contract, in accordance with the recommendation of the Deputy City Attorney.
F. Approval of the request from the Center for Family Health to conduct the 32nd annual Groundhog Gallop, February 2, 2008, beginning at 12 noon. (Recommended approval received from the Police, Fire, Traffic Engineering, Parks/Forestry and Public Services Departments. Proper insurance coverage received.)
G. Approval of the request to extend support for funding of the annual police awards banquet to be held in the Spring of 2008, in accordance with the recommendation of the Acting Chief of Police.
H. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $11,051.04, for planning services cost adjustments for September 2007, in accordance with the recommendation of the City Manager.
I. Approval of Traffic Control Order No. 1969, establishing parking restrictions on Third Street from Greenwood to Douglas, in accordance with the recommendation of the City Engineer.
J. Approval of Traffic Control Order No. 1970, establishing parking restrictions on Woodbridge from Greenwood to Rockwell, in accordance with the recommendation of the City Engineer.
K. Approval of Amendment No. 3 to the Professional Services Agreement with Spicer Group at an additional cost of $1,950.00, adding to the scope of services additional survey work in Parking Lot 5 for the Louis Glick, Mechanic to Clinton, Water Main Replacement Project.
L. Referral of an application to the City Planning Commission from Gregg A. Ladd to rezone the property located at 900 S. Higby Street from R-1 to C-2.
M. Referral of an application to the City Planning Commission from William F. Donovan and James A. Heckaman, to rezone the property located at 345 Johnson Street from R-4 to I-1 and 340 Johnson Street from I-2/R-4 to I-1, respectively.
N. Receipt of report from Councilmember Breeding regarding the National League of Cities Conference, November 14-17, 2007, New Orleans, LA.
O. Receipt of Dangerous Building Report through November 30, 2007.
P. Establishment of January 27, 2008, 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 Neuromuscular Center of Excellence, 1201 East Michigan Avenue.
Q. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $18,818.61, for planning services cost adjustments for the months of October and November 2007, in accordance with the recommendation of the City Manager.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT FRANCIS X. BERKEMEIER TO THE BUILDING CODE BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT PASHIA MALLETT, JACLYN R. PILARCZYK, LAURA L. PIASCIK, AMINAH AMATUL BASIR, LORI HEILER, KITRINA SIMS, TONI JONES, AND HALLIE HITE TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT FOR A TWO-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2009. C. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT PATRICE HINES, ALICE LEWIS, AND TAMAR JOSHUA, SR., TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT FOR A TWO-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2009. D. ITEM DELETED. E. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT MICHAEL WAY TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2011. F. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT DONNA BLAKE (MIDTOWN ASSOC. REPRESENTATIVE) TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2011. G. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT HARRIET HART (DEMOCRAT), JARED R. VICKERS (REPUBLICAN), AND BRUCE BARTON (REPUBLICAN) TO THE ELECTION CANVASSERS BOARD FOR A FOUR-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2011. H. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT CHARLES AHRONHEIM AND MARILYN GUIDINGER TO THE HISTORIC DISTRICT COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. I. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT TERESSA DELPH AND PARRISH STAHL TO THE HUMAN RELATIONS COMMISSION FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. J. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT RANDY MCMUNN, ASSISTANT CITY ENGINEER, TO THE JACKSON COUNTY COMPREHENSIVE TRAFFIC SAFETY PROJECT FOR A TWO-YEAR TERM, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2009. K. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT JERRY SCHAFFER, ROBERT INMAN AND ALLEN EICHENBERG TO THE TELECOMMUNICATIONS ADVISORY BOARD FOR A THREE-YEAR TERM EACH, BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. L. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JIM STARK TO THE TELECOMMUNICATIONS ADVISORY BOARD FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. M. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT RICHARD E. BOYD TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. N. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT PATRICIA GUTEKUNST TO THE ZONING BOARD OF APPEALS FOR A THREE-YEAR TERM BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010. O. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT DOLORES E. FAUSER AS AN ALTERNATE ON THE ZONING BOARD OF APPEALS BEGINNING JANUARY 1, 2008, AND ENDING MARCH 31, 2008. P. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT BILL HOLDA, DONNA BLAKE (DDA BOARD MEMBERS), AND COUNCILMEMBER ANDREW FROUNFELKER TO THE DOWNTOWN PARKING ADVISORY COMMITTEE. Q. APPOINTMENT OF MAYOR AND CITY COUNCILMEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to concur with the Mayor's recommendations on the above Items A through Q. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
R. APPROVAL OF THE CITY MANAGER'S APPOINTMENT OF MATTHEW HEINS AS CHIEF OF POLICE.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to concur with the City Manager's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
PUBLIC HEARINGS.
A. PUBLIC HEARING ON THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA OF THE CITY FOR 2007-2008.
Mayor Ludwig opened the public hearing. Patrick Colligan protested the amount that was assessed to his business at 216 Francis Street and questioned why he is being assessed so much. No correspondence was received; the Mayor closed the public hearing.
1. RESOLUTION DETERMINING THE NECESSITY OF CONTINUING THE METERLESS PARKING SYSTEM, ORDERING THE CITY ASSESSOR TO PREPARE ASSESSMENT ROLL NOS. 4160 AND 4161, AND ESTABLISHING JANUARY 8, 2008, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING CONFIRMING THE METERLESS PARKING SYSTEM ASSESSMENT ROLLS.
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 Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. PUBLIC HEARING ON THE REQUEST FROM CHARLES MITCHELL TO VACATE A 16 FOOT WIDE ALLEY RUNNING WEST FROM THE WEST LINE OF MILWAUKEE STREET 102.60 FEET AND LYING SOUTH ON LOTS 1 AND 2 AND NORTH OF LOTS 32 AND 33, BLOCK 2, JACKSON LAND & IMPROVEMENT COMPANY'S SUBDIVISION OF BLOCKS 2 AND 7 AND PARTS OF BLOCKS 1, 3, 4, 5, 6, 11 AND 12 OF FRANCIS STREET ADDITION.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE ALLEY VACATION.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to adopt the resolution vacating that portion of the alley so designated. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-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 Frounfelker to recess as City Council and convene as Board of Review. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3344 FOR STREET CONSTRUCTION ON PLYMOUTH STREET FROM PLEASANT TO GORHAM STREET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3344.
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 Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3345 FOR STREET CONSTRUCTION ON LINWOOD AVENUE FROM HIGH STREET TO ROCKWELL STREET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3345.
Motion was made by Councilmember Howe and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3346 FOR STREET CONSTRUCTION ON BACKUS STREET FROM HALLETT STREET TO NORTH STREET.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3346.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
F. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3347 FOR STREET CONSTRUCTION ON WHITNEY STREET FROM GANSON STREET TO LEROY STREET.
Mayor Ludwig opened the public hearing. Christopher Sutton and his companion, 710 E. Ganson Street, questioned why they received two bills and why they have to pay an assessment when they don't use Whitney Street for any access to their home. No correspondence was received; the Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 3347.
Motion was made by Councilmember Gaiser and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-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 the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES FOR 2008.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to adopt the resolution, deleting the November 25 meeting from the schedule.
Motion was made by Councilmember Breeding to amend the motion to establish a meeting on July 22 instead of July 15. The motion died for lack of a second.
The main motion was then voted on and adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Gaiser and Frounfelker-5. Nays: Mayor Ludwig and Councilmember Polaczyk--2. Absent: 0.
B. CONSIDERATION OF A RESOLUTION APPROVING THE USE OF RECEIVING BOARDS AT ELECTIONS HELD IN THE CITY ON JANUARY 15, MAY 6, AUGUST 5, AND NOVEMBER 4, 2008.
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 Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF A RESOLUTION AMENDING THE 2004-05 (YEAR 30), 2005-06 (YEAR 31), 2006-07 (YEAR 32), AND 2007-08 (YEAR 33) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS.
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 Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
D. CONSIDERATION OF A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE MICHIGAN STATE HISTORIC PRESERVATION OFFICE FOR IDENTIFICATION OF THE UNDER THE OAKS NEIGHBORHOOD, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE JACKSON HISTORIC DISTRICT COMMISSION.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. CONSIDERATION OF A RESOLUTION SUSPENDING ENFORCEMENT OF ORDINANCES THAT WOULD PROHIBIT THE POSSESSION AND USE OF FIRE ARMS WITHIN THE CITY AS IT APPLIES TO EMPLOYEES AND AGENTS OF AARON'S NUISANCE ANIMAL CONTROL DURING SAID DEER HARVEST WITHIN ELLA SHARP PARK DURING THE MONTHS OF JANUARY AND FEBRUARY 2008.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
1. AUTHORIZATION FOR THE CITY MANAGER TO CLOSE ELLA SHARP PARK AND DESIGNATE STREETS ON AN AS-NEEDED BASIS DURING THE DATES AND TIMES THE DEER HARVEST OCCURS WITHIN THE PARK.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to authorize the City Manager as stated above. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
F. CONSIDERATION OF A RESOLUTION 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 Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
G. CONSIDERATION OF A RESOLUTION ADOPTING A FOUR PERCENT PAYMENT IN LIEU OF TAXES (PILOT) FOR BLAIR PARK 2005 LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, AT 606 BLAIR PARK DRIVE BY REQUEST OF AMERICAN COMMUNITY DEVELOPERS, INC., FOR THIRTY-FOUR (34) YEARS, UNDER THE CITY'S TAX EXEMPTION ORDINANCE. (POSTPONED FROM THE NOVEMBER 27, 2007, COUNCIL MEETING FOR FURTHER INFORMATION).
This item to be considered after the Executive Session.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-83, CITY CODE, TO PROVIDE FOR THE DISPOSITION OF RECOVERED BICYCLES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY ATTORNEY AND THE ASSISTANT CITY ATTORNEY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Ordinance and place it on the next regular City Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 21.5, SECTION 21.5-26.1, CITY CODE, TO EXTEND THE TIME FOR FILING NONCONFORMING SIGN PERMIT APPLICATIONS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DEPUTY CITY ATTORNEY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the Ordinance and place it on the next regular City Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
OTHER BUSINESS.
A. CONSIDERATION OF AN AGREEMENT TO TEMPORARILY WAIVE ENFORCEMENT THROUGH DECEMBER 31, 2010, THREE-YEARS, OF THE MANDATORY RETIREMENT PROVISION BASED ON MEMBERS REACHING AGE 65 FOR THE ACT 345 RETIREMENT SYSTEM, CONTINGENT UPON THE EXECUTION OF THE AGREEMENT BY AUTHORIZED REPRESENTATIVES FROM THE JACKSON PROFESSIONAL FIRE FIGHTERS ASSOCIATION, THE POLICE OFFICERS LABOR COUNCIL - SUPERVISORY UNIT, AND THE POLICE OFFICERS LABOR COUNCIL - NONSUPERVISORY UNIT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PERSONNEL DIRECTOR AND THE CITY MANAGER.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the Agreement, contingent upon execution by authorized representatives, and authorize the Mayor and City Clerk to execute the appropriate document(s). The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6. Nays: Councilmember Breeding-1. Absent: 0.
NEW BUSINESS.
A. CONSIDERATION OF A LETTER OF AGREEMENT BETWEEN THE CITY AND THE JACKSON PROFESSIONAL FIRE FIGHTERS AMENDING THE CURRENT LABOR AGREEMENT ALLOWING A SERIES OF TEMPORARY “ACTING DEPUTY CHIEF” ASSIGNMENTS, IN THE NATURE OF INTERNSHIPS, FOR BARGAINING UNIT MEMBERS, AND AUTHORIZATION FOR THE CITY MANAGER AND FIRE CHIEF TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PERSONNEL DIRECTOR AND THE CITY MANAGER.
This item to be considered after the Executive Session.
B. CONSIDERATION AND APPROVAL OF ADDITIONAL PROPOSALS TO FURTHER COORDINATE AND INTEGRATE FIRE SERVICES BETWEEN THE BLACKMAN, SUMMIT, AND LEONI TOWNSHIPS AND THE CITY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY MANAGER.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to refer this matter to the City Affairs Committee for further study. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO CORNERSTONE CONSTRUCTION, HILLSDALE, IN THE AMOUNT OF $27,875.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 322 N. GORHAM, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
D. CONSIDERATION OF THE REQUEST TO EXTEND THE DEVELOPMENT STAGES OF THE DEVELOPMENT AGREEMENT FOR 401 AND 403 W. MICHIGAN AVENUE AS REQUESTED BY TAX SEASON WIDOWS, LLC, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
E. CONSIDERATION OF THE PROPOSED PURCHASE AGREEMENT BETWEEN THE CITY AND 212 WEST MICHIGAN AVENUE, LLC, FOR THE REDEVELOPMENT OF 212 W. MICHIGAN AVENUE, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT, AND AUTHORIZATION FOR CITY STAFF TO BEGIN NEGOTIATIONS OF THE DEVELOPMENT AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Councilmember Greer disclosed that one of the members of the development group was shopping at the dealership where he works.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the proposed purchase agreement, authorize the City Attorney to make minor modifications to the agreement and authorize City staff to begin negotiations of the development agreement. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
F. CONSIDERATION OF A SECOND EXTENSION LEASE BETWEEN THE CITY AND JACKSON AFFORDABLE HOUSING (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 Polaczyk and seconded by Councilmember Howe to extend the lease at $1.00 per year. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
G. CONSIDERATION OF THE RECOMMENDATION OF THE HAYES HOTEL REQUEST FOR PROPOSAL EVALUATION COMMITTEE OF A DEVELOPER TO REDEVELOP THE 228 W. MICHIGAN AVE. (HAYES HOTEL), AND AUTHORIZATION FOR STAFF TO NEGOTIATE A PURCHASE AGREEMENT AND A DEVELOPMENT AGREEMENT FOR FUTURE CONSIDERATION BY THE CITY COUNCIL, IN ACCORDANCE WITH THE COMMUNITY DEVELOPMENT DIRECTOR.
Councilmember Greer repeated the disclosure he made on Item E above. He also explained that he was misquoted in the newspaper regarding this matter.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to authorize City staff to negotiate purchase and development agreements with Hotel Hayes Redevelopment, LLC for the redevelopment of the property located at 228 W. Michigan Avenue (Hayes Hotel) that will be considered by City Council within 90 days of approval, as recommended by the Hayes Hotel Request for Proposal Evaluation Committee and if staff is unable to finalize negotiations within 90 days, City Council can consider a request for an extension or a request to authorize staff to begin negotiations with Hayes Renovation Group, LLC. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
H. CONSIDERATION OF REPORT RELATED TO RECOMMENDATIONS CONTAINED IN THE RMA REPORT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE ACTING CHIEF OF POLICE AND THE CITY MANAGER.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Breeding asked if there are any other department heads who receive a vehicle allowance. The City Manager responded no department heads only appointed officials. He explained that the Police Chief is turning in the car that would normally be assigned to him and how that affects other vehicles within the Police Department.
Councilmember Greer wished everyone a very happy holiday season.
Councilmember Howe wished everyone a Merry Christmas.
The City Manager believes major steps were taken tonight on two developments in this community that can have a long-lasting impact. He and staff will work diligently with developers to make these developments happen, but will also protect the interest of the City.
EXECUTIVE SESSION TO DISCUSS LABOR MATTERS AND LEGAL OPINION(S).
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 Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
RETURN TO OPEN SESSION.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk to return to open session. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
ITEMS CONSIDERED AFTER RETURN TO OPEN SESSION.
CONSIDERATION OF A RESOLUTION ADOPTING A FOUR PERCENT PAYMENT IN LIEU OF TAXES (PILOT) FOR BLAIR PARK 2005 LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, AT 606 BLAIR PARK DRIVE BY REQUEST OF AMERICAN COMMUNITY DEVELOPERS, INC., FOR THIRTY-FOUR (34) YEARS, UNDER THE CITY'S TAX EXEMPTION ORDINANCE. (POSTPONED FROM THE NOVEMBER 27, 2007, COUNCIL MEETING FOR FURTHER INFORMATION).
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution for the PILOT to expire on December 30, 2008. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to refer the Tax Exemption Ordinance and PILOTs to City Affairs for policies, procedures and recommendations. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
CONSIDERATION OF A LETTER OF AGREEMENT BETWEEN THE CITY AND THE JACKSON PROFESSIONAL FIRE FIGHTERS AMENDING THE CURRENT LABOR AGREEMENT ALLOWING A SERIES OF TEMPORARY “ACTING DEPUTY CHIEF” ASSIGNMENTS, IN THE NATURE OF INTERNSHIPS, FOR BARGAINING UNIT MEMBERS, AND AUTHORIZATION FOR THE CITY MANAGER AND FIRE CHIEF TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE PERSONNEL DIRECTOR AND THE CITY MANAGER.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the letter of agreement and authorize the City Manager and Fire Chief to execute the appropriate document(s). The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer, Frounfelker and Polaczyk-5. Nays: Councilmembers Breeding and Gaiser-2. Absent: 0.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:26 p.m.
Lynn Fessel City Clerk
© City of Jackson, 2012
