CALL TO ORDER.
The Jackson City Council met in regular session in City Hall and was called to order at 7:03 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.
Motion was made by Mayor Ludwig and seconded by Councilmember Greer that Consent Calendar Item E. read “Receipt of” and not “Approval of” and that Item C. be moved from New Business and placed under Return to Open Session, Item B. 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 Frounfelker to adopt the agenda, as amended 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.
PRESENTATIONS/PROCLAMATIONS.
None.
CITIZEN COMMENTS.
Patrick Colligan protested a property cleanup invoice for his rental property located at 212-214 Second Street.
Peter Jobson, Excel Realty Group, asked the Council to support the two PILOT ordinances for the Armory Arts project.
Margaret and Mark Riggle, representing the management of Art 634, asked Council, when it comes to the Armory Arts project, to remember they are not part of the original PUDD and to please not forget them when it comes to parking.
Scott Fleming, Enterprise Group President and CEO, stated the Enterprise Group is fully in favor of keeping the Armory Arts Village an artists' community and asked the Council to support the two PILOT ordinances.
Robert Johnson, President of 5 Leprechauns, LLC, explained that he was the low bidder for the Elnora Moorman Plaza project, but he failed to submit an addendum. He asked the Council to waive the addendum requirement and award the bid to 5 Leprechauns, LLC.
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 February 24, 2009, and special meeting minutes of March 2, 2009.
B) Approval of the request to waive the disposal of surplus City property purchasing rule and to allow police canine, Beggy, to be given to Officer William Mills and his family as their personal property after Beggy's retirement from the City, in accordance with the recommendation of the Chief of Police.
C) Approval of Traffic Control Order (TCO) No. 1994, installing traffic control for southbound traffic on Huron Street at Monroe Street, in accordance with the recommendation of the City Engineer.
D) Approval of the revised 2009-2010 Community Development Block Grant (CDBG) and HOME Investment Partnership Program Timetable, in accordance with the recommendation of the Community Development Director.
E) Receipt of the 2009-2010 One-Year Action Plan Draft (5-Year Consolidated Plan), and authorization to disseminate the Plan for a 30-day public comment period, occurring between March 20, 2009, and April 21, 2009, in accordance with the recommendation of the Community Development Director.
F) Approval of the offer to purchase the City-owned property located at 1514 TenEyck (vacant lot), in the amount of $400.00, waive a development agreement, conditioned upon the homeowner's combining this parcel with their current property, with a closing date on or before May 1, 2009, and authorization for the Mayor and City Clerk to execute the appropriate document(s), subject to approval and minor modifications by the City Attorney, in accordance with the recommendation of the Community Development Director.
G) Approval of the payment of the Region 2 Planning Commission Invoice, in the amount of $9,296.01 for planning services for the month of February 2009, in accordance with the recommendation of the City Manager.
H) Receipt and approval of the Deficit Elimination Plan for the Ella W. Sharp Park Golf Practice Center Fund #583, in accordance with the recommendation of the Finance Director.
COMMITTEE REPORTS.
None.
APPOINTMENTS.
None.
PUBLIC HEARINGS.
RECESS AS CITY COUNCIL AND CONVENE AS BOARD OF REVIEW.
Motion was made by Councilmember Howe and seconded by Councilmember Greer 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.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4173 FOR THE OPERATION OF A METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA.
Mayor Ludwig opened the public hearing. Patrick Colligan, owner of The Rocket, expressed his gratitude for the reduction of his special assessment. No correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4173.
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 ON SPECIAL ASSESSMENT ROLL NO. 4174 FOR THE OPERATION OF A METERLESS PARKING SYSTEM IN THE DOWNTOWN AREA.
Mayor Ludwig opened the public hearing. Brian Surgener, owner of the Jackson Coffee Company, asked the Council to amend the roll and classify the second floor of his building as “Occasional Use.” No correspondence was received. The Mayor closed the public hearing.
1. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL NO. 4174.
Motion was made by Councilmember Howe and seconded by Councilmember Breeding to classify the second floor of the Jackson Coffee Company as a “Three-day Occasional Use,” until the City Planning Commission comes back with a recommendation.
Councilmember Howe wished to withdraw his motion, but there was no action by the Council, so the motion was not withdrawn.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to amend the motion that this be referred to the City Planning Commission for a definition of a café. The motion FAILED adoption by the following vote. Yeas: Councilmembers Greer, Gaiser and Frounfelker-3. Nays: Mayor Ludwig and Councilmembers Breeding, Howe and Polaczyk-4. Absent: 0.
The main motion was then voted on and adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Howe, Frounfelker and Polaczyk-5. Nays: Councilmembers Greer and Gaiser-2. Absent: 0.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt the resolution confirming Special Assessment Roll No. 4174, as amended by the action 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.
ADJOURN AS BOARD OF REVIEW AND RECONVENE AS CITY COUNCIL.
Motion was made by Councilmember Howe and seconded by Councilmember Greer 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.
C. PUBLIC HEARING TO CONSIDER A BROWNFIELD PLAN FOR 225 N. HORTON STREET (FORMER EDSCHA BUILDING), AS RECOMMENDED BY THE JACKSON BROWNFIELD REDEVELOPMENT AUTHORITY (JBRA).
Mayor Ludwig opened the public hearing. Russell Cox, Cox Brothers Machining, Inc., gave a brief explanation of what his company does and stated he is excited to expand in the City of Jackson. The Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING A BROWNFIELD PLAN.
Motion was made by Councilmember Greer and seconded by Councilmember Gaiser 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 THE REQUEST FROM COX BROTHERS MACHINING, INC., TO DESIGNATE PROPERTY ENCOMPASSING 225 N. HORTON STREET AS A PLANT REHABILITATION DISTRICT.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERTION OF A RESOLUTION DESIGNATING PROPERTY ENCOMPASSING 225 N. HORTON STREET AS PLANT REHABILITATION DISTRICT NO. 17.
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.
E. PUBLIC HEARING ON THE REQUEST FROM COX BROTHERS MACHINING, INC., FOR AN INDUSTRIAL FACILITIES TAX EXEMPTION FOR 225 N. HORTON STREET.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION.
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.
F. PUBLIC HEARING ON THE REQUEST FROM COX BROTHERS MACHINING, INC., TO TRANSFER AN INDUSTRIAL FACILITIES TAX ABATEMENT FOR PERSONAL PROPERTY FROM BLACKMAN TOWNSHIP TO 225 N. HORTON STREET.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING THE TRANSFER.
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.
G. PUBLIC HEARING TO CONSIDER THE APPROVAL OF AN APPLICATION FOR A PUBLIC ACT 328 OF 1998 PERSONAL PROPERTY TAX EXEMPTION AT 225 N. HORTON STREET.
Mayor Ludwig opened the public hearing. No one spoke; the Mayor closed the public hearing.
1. CONSIDERATION OF A RESOLUTION APPROVING AN APPLICATION.
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.
RESOLUTIONS.
A) CONSIDERATION OF A RESOLUTION REGARDING THE REQUEST FROM THE JACKSON CONVENTION & TOURIST BUREAU, THAT THEY BE RECOGNIZED AS A NONPROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING CHARITABLE GAMING LICENSES.
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 Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
B) CONSIDERATION OF A RESOLUTION AGREEING TO ENTER INTO AN OPTION FOR HIGHWAY DRAINAGE EASEMENT TO ALLOW THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) TO PLACE STORM DRAINAGE ACROSS THE WASTEWATER TREATMENT PLANT (WWTP) PROPERTY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S).
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.
C) CONSIDERATION OF A CORRECTIVE RESOLUTION DELETING STENCIL NO. 4-0525 FROM ASSESSMENT ROLL NO. 4141 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE.
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.
ORDINANCES.
A. FINAL ADOPTION OF ORDINANCE NO. 2009.3, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE VI, CITY CODE TO PROVIDE FOR A VESTED FORMER MEMBER'S ANNUITY WITHDRAWAL OPTION UNDER THE GENERAL EMPLOYEE RETIREMENT SYSTEM.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt Ordinance No. 2009.3. 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 AND ADOPTION, WITH IMMEDIATE AFFECT, OF ORDINANCE NO. 479 AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF 2009 WATER REVENUE REFUNDING BONDS.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt Ordinance No. 479. 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 TWO PILOT ORDINANCES PROVIDING PAYMENT IN LIEU OF TAXES FOR TWO DEVELOPMENTS AT THE ARMORY ARTS PROJECT.
1. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 24, ARTICLE IV, CITY CODE, PROVIDING EXCEL-NEW URBAN LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES
Motion was made by Councilmember Greer and seconded by Councilmember Howe 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 Howe, Greer and Polaczyk-4. Nays: Councilmembers Breeding, Gaiser and Frounfelker-3. Absent: 0.
2. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 24, ARTICLE V, CITY CODE, PROVIDING EXCEL-NEW URBAN TWO LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES.
Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the ordinance, including the language as stated by staff that the effective date of the ordinance be concurrent with the certificate of occupancy, which needs to be issued by April 24, 2014, and place the ordinance on the next Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Howe, Greer and Polaczyk-4. Nays: Councilmembers Breeding, Gaiser and Frounfelker-3. Absent: 0.
Councilmembers Breeding, Gaiser and Frounfelker stated that they could not vote in support of the above ordinances because each PILOT is for 35 years.
OTHER BUSINESS.
None.
NEW BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE THE SECOND AND FINAL RENEWAL TO THE CONTRACT WITH TARGET MAINTENANCE, MUNITH, MICHIGAN, WITH AN ESTIMATED VALUE OF $21,199.46, FOR THE 2009 PRIVATE LOT MOWING CONTRACT, 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 Breeding and seconded by Councilmember Greer to approve the renewal with a value of not-more-than $15,100.00, which is a 3% increase over last year.
A substitute motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to re-bid the contract. The substitute 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 TO APPROVE A BID AWARD TO TRUCK & TRAILER SPECIALTIES, INC., DUTTON, MICHIGAN, IN THE AMOUNT OF $76,372.00 FOR TRUCK ATTACHMENTS FOR TWO (2) EACH SINGLE AXLE HOOK LIFT TRUCKS, 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 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.
C. Moved to Item B. under Return to Open Session.
CITY COUNCILMEMBERS' COMMENTS.
Councilmember Gaiser distributed photos of the dead end of Hibbard Street and discussed a possible blocked drain, which has caused basements to be flooded. He asked that this matter be investigated and the drain(s) be kept open. He also inquired when the Council would be meeting again to discuss the budget.
© City of Jackson, 2012
