CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:01 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Gaiser gave the invocation.
ROLL CALL.
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, Robert B. Howe, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6. Absent with excuse: Councilmember Daniel P. Greer-1.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
PRESENTATIONS/PROCLAMATIONS.
A) PRESENTATION BY RENATE HURD, PRESIDENT OF THE DESERT ROSE NEIGHBORHOOD ASSOCIATION, GIVING AN UPDATE ON THE ASSOCIATION'S ACTIVITIES, AND PLANS FOR A MARCH 22, 2008, “SUMMIT” FOR ALL CITY/COUNTY NEIGHBORHOOD GROUPS.
Ms. Hurd addressed the Council discussing it is the desire of the Desert Rose Neighborhood Association to partner with other neighborhood groups, revitalize the neighborhood watch program and conduct a county-wide community workshop with the purpose of sharing ideas on safety, crime prevention and beautification. She distributed copies of the Association's fall newsletter and it was suggested that she be allowed to place an article in a future edition of the City Hall Sentinel.
CITIZEN COMMENTS.
Bruce Inosencio, 740 W. Michigan Avenue, wanted the Council to know that he was available to answer questions on Agenda Items 14. B. and 14. D. regarding the Purchase Agreement with Hotel Hayes Development LLC, and the addendum to the Purchase Agreement with 212 W. Michigan, LLC, reflecting the new limited liability company, Intellitower, LLC.
Will Riley, immediate past Chair of the Human Relations Commission, stated he believes the HRC staff position should be full-time. He also believes there is a conflict if an assistant city manager is also the support staff for the HRC.
Richard Baron, Foley, Baron & Metzger, discussed the Neuromuscular Center project, stating it changes the parcel from a $0 taxable value as a parking lot to a taxable property of approximately $20,000,000. He asked for Council approval on their agenda items and thanked the DDA and the BRA for their assistance.
Chris Lambrecht, Frauenshuh Healthcare, stated they are looking for funding assistance for contaminated soils found at the Neuromuscular Center site. He appreciates all of the support they have received and looks forward to working in and improving the community.
CONSENT CALENDAR.
Motion was made by Councilmember Gaiser and seconded by Councilmember Frounfelker to approve the following Consent Calendar. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent-Councilmember Greer--1.
Consent Calendar
A. Approval of the minutes of the regular City Council meeting of January 8, 2008.
B. Approval of payment of the Jackson County Emergency Dispatch Services invoice in the amount of $11,424.25, for the period of October through December 2007, in accordance with the recommendation of the City Manager.
C. Receipt of Community Development Department CDBG Financial Report through December 31, 2007.
D. Receipt of the City Engineer's report for street construction on Center Street from Ganson Street to North Street, and establishment of February 12, 2008, at the City Council meeting as the time and place to hold a public hearing of necessity.
COMMITTEE REPORTS.
A. RECEIPT OF THE RULES AND PERSONNEL COMMITTEE REPORT.
1. CONSIDERATION OF THE RECOMMENDATION TO MAKE THE ELECTRONIC PACKETS AVAILABLE THROUGH THE INTERNET, AND APPROVAL TO UTILIZE SPRINT CARDS AT THE COST OF $49.95 PER MONTH FOR EACH COUNCILMEMBER'S LAPTOP COMPUTER TO GAIN ACCESS TO THE INTERNET.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the recommendation to make the electronic packets available through the Internet, and approve the utilization of Sprint cards at the cost of $49.95 per month for each Councilmember's laptop computer to gain access to the Internet. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent-Councilmember Greer--1.
APPOINTMENTS.
A) APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT BETTY DESBIENS TO THE ELLA W. SHARP PARK BOARD OF TRUSTEES FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2008, AND ENDING DECEMBER 31, 2011.
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 Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer--1.
B) APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT RUSSEL P. DECKER, JR., TO THE BOARD OF REVIEW FOR A THREE-YEAR TERM, BEGINNING FEBRUARY 1, 2008, AND ENDING JANUARY 31, 2011.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer--1.
PUBLIC HEARINGS.
A) PUBLIC HEARING TO AMEND THE CITY'S BROWNFIELD PLAN TO INCLUDE THE NEUROMUSCULAR CENTER OF EXCELLENCE LOCATED AT 1201 EAST MICHIGAN AVENUE.
Mayor Ludwig opened the public hearing. Richard Baron, Foley, Baron & Metzger, stated he was available to answer any questions and asked the Council to adopt the resolution amending the Plan. The Mayor closed the public hearing.
1. RESOLUTION AMENDING THE CITY'S BROWNFIELD PLAN.
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, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer--1.
B) PUBLIC HEARING ON THE REQUEST TO REZONE FROM R-4 (HIGH-DENSITY APARTMENT AND OFFICE) AND I-2 (GENERAL INDUSTRIAL) TO I-1 (LIGHT INDUSTRIAL), PROPERTY LOCATED AT 345 JOHNSON ST. AND OTHER VACANT PROPERTY IN THE AREA. (CITY PLANNING COMMISSION RECOMMENDS APPROVAL.)
Mayor Ludwig 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 PROPERTY LOCATED AT 345 JOHNSON ST., AND OTHER VACANT PROPERTY IN THE AREA.
Motion was made by Councilmember Howe 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 Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
C) PUBLIC HEARING ON THE REQUEST TO REZONE FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-2 (COMMUNITY COMMERCIAL), PROPERTY LOCATED AT 900 S. HIGBY. (CITY PLANNING COMMISSION RECOMMENDS R-1 (ONE-FAMILY RESIDENTIAL) TO R-4 (HIGH-DENSITY APARTMENT AND OFFICE).
Mayor Ludwig 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 PROPERTY LOCATED AT 900 S. HIGBY.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to reject the rezoning from R-1 to C-2. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
Motion was made by Councilmember Polaczyk and seconded by Mayor Ludwig to approve the Ordinance to rezone the property from R-1 to R-4 and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
D) PUBLIC HEARING ON THE FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICANT PRESENTATIONS, BUDGET DISCUSSIONS AND PUBLIC COMMENT.
Mayor Ludwig opened the public hearing. The following applicants for CDBG funding addressed the Council: Karen Jackson, Jackson Affordable Housing Corporation; Aimee Potts and Ted Miller, HRC Jackson Area Youth Council; Chris Kilmer and Delilah Scott, Community Action Agency Fair Housing Services; Ben Keaster, Partnership Park After School Program; Cathy Heins, Big Brothers Big Sisters; Stephanie Breedon and Melissa Ribbey, Florence Crittenton Services; Linda Tallman, Family Services and Children's Aid FAST Program; Kyle Jansen, DDA Façade Loan Program and Allen Hathaway, B.R.I.N.C.S.
Mayor Ludwig called a recess at 8:20 p.m. and reconvened the meeting at 8:27 p.m.
Applicant presentations continued as follows: Kim Hastings, Jackson School of the Arts; Kip Cunningham and Carrie Good, John George Home, Inc.; Sarah Hill, American Red Cross; Jasmine Bennett, The Center for Women; Ken Toll and Brenna Wheeler, United Way 211 Call Center; Andrea DeSantis, Jackson County Prenatal Task Force; Rhonda Rudolph, Jackson County Prenatal Smoking Cessation Program; Karen Dunigan, The Michigan Theatre; Billie Oliver, Grace Haven Center; Major John Mallett, The Salvation Army - Heating Assistance and David Smith, Alphabet Child Care Center. The Mayor closed the public hearing.
RESOLUTIONS.
A. CONSIDERATION OF A RESOLUTION APPROVING THE DOWNTOWN DEVELOPMENT AUTHORITY'S ACTION TO USE THE TAX INCREMENT FUNDS GENERATED FROM THE PROPOSED NEUROMUSCULAR CENTER TO ASSIST IN CERTAIN CONSTRUCTION CONDITIONS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT JOINTLY WITH THE DDA AND THE DEVELOPER, AND ANY OTHER DOCUMENT(S) NECESSARY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
B) CONSIDERATION OF A RESOLUTION AMENDING THE STANDARD STREETLIGHTING CONTRACT BETWEEN THE CITY AND CONSUMERS ENERGY ADDING SEVEN (7) STREET LIGHTS, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
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, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
ORDINANCES.
None.
OTHER BUSINESS.
None.
NEW BUSINESS.
A) CONSIDERATION OF THE REQUEST TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH HAMILTON ANDERSON ASSOCIATES, IN THE AMOUNT OF $46,425.00, FOR ADDITIONAL WORK RELATED TO THE GRAND RIVER ARTSWALK TRAIL, 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Gaiser to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
B) CONSIDERATION OF A PURCHASE AGREEMENT BETWEEN THE CITY AND HOTEL HAYES DEVELOPMENT, LLC, FOR REDEVELOPMENT OF THE PROPERTY LOCATED AT 228 WEST MICHIGAN AVENUE (HAYES HOTEL), AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE ANY MINOR MODIFICATION(S), TO THE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the Purchase Agreement, authorize the Mayor and City Clerk to execute the appropriate document(s) and authorize staff to make any minor modification(s) to the document(s). The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding--1. Absent: Councilmember Greer-1.
C) CONSIDERATION OF THE REQUEST TO RESTRUCTURE THE CITY MANAGER'S OFFICE, AND APPROVAL OF THE RECOMMENDATION TO CREATE THE APPROPRIATE STAFF POSITIONS.
Motion was made by Councilmember Breeding and seconded by Councilmember Howe to approve an upgrade to the position of Secretary to the Mayor and City Councilmembers to Administrative Assistant at a grade level of 10 at approximately $51,000.00 per year. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Gaiser, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
Councilmember Breeding remarked that he is opposed to a part-time assistant city manager. A city of our size needs a full-time assistant city manager and the HRC needs to be given the priority that is due it. It needs more than a part-time person to serve as the liaison.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser to accept the City Manager's recommendation for a part-time city manager. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Greer-1.
D) CONSIDERATION OF THE REQUEST TO APPROVE THE ADDENDUM TO THE PURCHASE AGREEMENT BETWEEN THE CITY AND 212 W. MICHIGAN, LLC, REFLECTING THE NEW LIMITED LIABILITY COMPANY, INTELLITOWER, LLC, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR STAFF TO MAKE ANY MINOR MODIFICATION(S) TO THE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ATTORNEY AND CITY MANAGER.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Howe to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Gaiser, Frounfelker and Polaczyk-5. Nays: Councilmember Breeding-1. Absent: Councilmember Greer-1.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Frounfelker announced he will conduct a Fifth Ward Neighborhood meeting on Thursday, January 31 at 7:00 p.m. in the Council Chambers. State Representative Martin Griffin will be the guest speaker.
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 9:50 p.m.
Lynn Fessel
City Clerk