CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:02 p.m. by Mayor Jerry F. Ludwig.
PLEDGE OF ALLEGIANCE - INVOCATION.
The Council joined in the pledge of allegiance. Councilmember Greer gave the invocation.
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: None.
Also present: City Manager William R. Ross, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
AGENDA.
Mayor Ludwig noted items that were added to the agenda. Motion was made by Councilmember Howe and seconded by Councilmember Greer to adopt the agenda, as amended. 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.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Terry Mulvihill, introduced himself as the new AT & T Area Manager, External Affairs, who replaced Frank Weathers.
Aimee Potts, HRC member, reminded the City Council that there are two vacancies on the Human Relations Commission.
Ted Wilson, representing the Immanuel Lutheran Church at 1505 W. Michigan Avenue, stated they are requesting a variance to erect an electronic sign at the Church. Their alternative plan is to request a C-1 zoning designation.
Thomas Ratchford, 615 N. East Avenue, discussed the assessment for the Cortland Street project, wondering who is paying for the planters. He thinks Consumers Energy should be billed for costs related to their vaults. He also showed the Council a broken piece of cement, noting an area that has not been repaired.
Bruce Inosencio, 740 W. Michigan, showed Council drawings prepared by Robert Cole of the proposed 7th and 8th floors of the Hayes building. He asked for the City's cooperation with respect to the parking and discussed prospective tenants. In closing he asked for Council's support of an extension to the development agreement.
Robert Cole, Parking Advisory Committee Chair, distributed a report and discussed the preliminary work of that Committee, including the creation of four subcommittees.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to receive Mr. Cole's report and that in the future it be placed on the agenda under reports so that it can be an official part of the record. 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk 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 May 27, 2008.
B. Approval of the request from the Jackson Area Youth Council/Human Relations Commission to hold the Jackson Area Youth Council Summer Bash at Bucky Harris Park on Saturday, June 14, 2008, beginning at 1:00 p.m. (Recommended approvals received by the Police, Fire, Public Services and Parks/Forestry Departments and the Downtown Development Authority. Covered under City's insurance policy.)
C. Approval of the request from the Downtown Development Authority to hold Brunofest '08 at the Riverwalk Amphitheater on Saturday, June 28, 2008, from 8:00 a.m. until 8:30 p.m. (event 12:00 noon until 8:30 p.m.). (Approval recommended by Police, Fire, Traffic Engineering, Parks/Forestry and Public Services Departments, the Amphitheater Review Committee, and the Downtown Development Authority. Contingent upon receipt of proper insurance.)
D. Approval of payment of the Region 2 Planning Commission invoice, in the amount of $18,365.82 for planning services for the month of May 2008, in accordance with the recommendation of the City Manager.
E. Approval of the request to waive permit fees for listed properties related to the World Changers program, in accordance with the recommendation of the Community Development Director.
F. Receipt of petitions filed by Roger and Sandra Lyons, and Certainteed Corporation with the Michigan Tax Tribunal, and referral to the City Assessor and City Attorney for appropriate action.
G. Receipt of petitions filed by Sprint Nextel Corporation, Family Video, and Main Street Jackson, LLC, with the Michigan Tax Tribunal, and referral to the City Assessor and City Attorney for appropriate action.
H. Receipt of the Michigan Department of Transportation (MDOT) projected 2011 construction projects.
I. Establishment of June 24, 2008, at the City Council meeting as the time and place to hold public hearings on the following special assessment rolls for street and streetscape construction:
1. Roll No. 3349 for street construction on Morrell Street from Hupp Avenue to Elm Avenue.
2. Roll No. 4153 for streetscape construction on Cortland Street from Blackstone Street to Francis Street.
COMMITTEE REPORTS.
A. RULES AND PERSONNEL COMMITTEE.
1. CONSIDERATION OF THE RECOMMENDATION OF THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND JULIUS A. GIGLIO, CITY ATTORNEY.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to extend the Attorney's contract by one year and to adopt the next pay step as outlined on the personnel compensation table. 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.
2. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE TO APPROVE THE AMENDMENTS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND LYNN FESSEL, CITY CLERK.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to extend the Clerk's contract by one year and to adopt the next pay step as outlined on the personnel compensation table. 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.
3. CONSIDERATION OF THE RECOMMENDATION FROM THE RULES AND PERSONNEL COMMITTEE REGARDING WILLIAM R. ROSS, CITY MANAGER.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer that the City Council evaluate the City Manager at the June 24 meeting to discuss the past year's performance and to establish goals and priorities for the upcoming year and to do this, if requested by the Manager, in 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.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to receive the Clerk and Attorney's evaluations. 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 Breeding and seconded by Councilmember Gaiser that any requests for the composite evaluations of appointed officials be granted. The motion FAILED adoption on the following vote. Yeas: Councilmembers Breeding, Gaiser and Polaczyk-3. Nays: Mayor Ludwig and Councilmembers Howe, Greer and Frounfelker-4. Absent: 0.
B. RECEIPT OF CITY AFFAIRS COMMITTEE REPORT.
Councilmember Greer, City Affairs Committee Chair, discussed his written report, noting that the Committee has been meeting to discuss the Payment in Lieu of Taxes (PILOT) policies and procedures. The Committee recommends that Council repeal the current PILOT Ordinance as to any new project, but already existing PILOTs will be preserved for their respective duration. The Committee further recommends that all new PILOT applications be reviewed on a case-by-case basis. Councilmember Greer encouraged the Council to support the ordinance to eliminate the current process of approving tax exemption status through the resolution process.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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.
APPOINTMENTS.
A) APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT JULIUS GIGLIO TO THE CITY OF JACKSON BUILDING AUTHORITY BEGINNING JULY 1, 2008, AND ENDING JUNE 30, 2011.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the Mayor'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 OF NECESSITY FOR STREET CONSTRUCTION ON HIGH STREET FROM LOSEY AVENUE TO EXECUTIVE DRIVE.
Mayor Ludwig opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Howe and seconded by Councilmember Polaczyk 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 OF NECESSITY FOR STREET CONSTRUCTION ON WILDWOOD AVENUE FROM DANIEL ROAD TO WEST AVENUE, AND DANIEL ROAD FROM HIGBY STREET TO WILDWOOD AVENUE.
Mayor Ludwig opened the public hearing. No correspondence was received. The Mayor referred her to the City Assessor. The Mayor closed the public hearing.
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk 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.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION URGING MICHIGAN LEGISLATURE TO ENACT LEGISLATION STRENGTHENING PROHIBITIONS AGAINST AND PENALTIES FOR THEFT AND/OR SALE OF VALUABLE SCRAP METALS.
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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.
B) CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 (YEAR 33) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REALLOCATING $15,000.00 FROM CDBG HOMEOWNER REHABILITATION FUNDS TO WORLD CHANGERS/MISSION SERVE PROGRAM.
Motion was made by Councilmember Polaczyk 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.
ORDINANCES.
A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-10 TO ADD SUBPARAGRAPH (6), CITY CODE, TO PROVIDE FOR SPECIFIC PENALTY PROVISIONS FOR MINORS IN POSSESSION OF ALCOHOLIC LIQUORS.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the Ordinance and place it on the next Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk-6. Nays: Councilmember Gaiser-1. Absent: 0.
B. CONSIDERATION OF AN ORDINANCE REPEALING SECTIONS 24-32 - 24-40 OF CHAPTER 24, CITY CODE, TO ELIMINATE THE CURRENT PROCESS OF APPROVING TAX EXEMPTION STATUS THROUGH THE RESOLUTION PROCESS.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the ordinance and place it on the next 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.
None.
NEW BUSINESS.
A. ITEMS RELATED TO PRODUCTION ENGINEERING, INC.:
1. CONSIDERATION OF AN AMENDED RESOLUTION APPROVING AN APPLICATION FOR THE CREATION OF A RENAISSANCE ZONE ON BEHALF OF PRODUCTION ENGINEERING, INC. TO BE LOCATED AT 2400 ENTERPRISE ROAD (ORIGINAL RESOLUTION APPROVED ON MAY 13, 2008).
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.
2. PUBLIC HEARING ON THE APPLICATION FILED BY PRODUCTION ENGINEERING, INC. FOR EXEMPTION OF NEW PERSONAL PROPERTY.
Mayor Ludwig opened the public hearing. Community Development Director Carol Konieczki stated that Mr. Jansen executed the new personal property tax exemption agreement. The Mayor closed the public hearing.
A. RESOLUTION GRANTING THE EXEMPTION, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WITH PRODUCTION ENGINEERING, INC.
Motion was made by Councilmember Polaczyk 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.
3. CONSIDERATION OF THE REDEVELOPMENT RENAISSANCE ZONE (RRZ) DEVELOPMENT AGREEMENT WITH PRODUCTION ENGINEERING, INC., AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENT(S) FOR THE RRZ, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE DOCUMENT(S) AND TAKE ANY AND ALL OTHER ACTION NECESSARY TO CLOSE THIS TRANSACTION.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the Redevelopment Renaissance Zone (RRZ) Development Agreement with Production Engineering, Inc., authorize the Mayor and City Clerk to execute the necessary document(s) for the RRZ and authorize the City Attorney to make minor modifications to the document(s) and take any and all other action necessary to close this transaction. 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 THE REQUEST FROM CITY COUNCILMEMBERS DANIEL P. GREER AND KENNETH GAISER FOR APPROVAL OF TRAVEL EXPENSES FOR THE 2008 MICHIGAN MUNICIPAL LEAGUE ANNUAL CONVENTION, OCTOBER 1-4, 2008.
Motion was made by Councilmember Greer and seconded by Councilmember Breeding to approve both requests. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Greer, Gaiser and Polaczyk-6. Nays: Councilmember Frounfelker-1. Absent: 0.
C. CONSIDERATION OF THE REQUEST TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE MICHIGAN STATE UNIVERSITY REMOTE SENSING & RESEARCH DEVELOPMENT, IN THE NOT TO EXCEED AMOUNT OF $21,000.00, TO PROVIDE SANITARY SEWER SYSTEM GPS/GIS DATA SERVICES.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser 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 BY HOTEL HAYES DEVELOPMENT, LLC, TO EXTEND THE DEVELOPMENT AGREEMENT NEGOTIATION TIMELINE TO DECEMBER 9, 2008, FOR REDEVELOPMENT OF 228 WEST MICHIGAN AVENUE, 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 Polaczyk and seconded by Councilmember Gaiser to extend the development agreement for 150 days. The motion was
© City of Jackson, 2012
