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MARCH 13, 2007

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 Jerry F. Ludwig.
 
PLEDGE OF ALLEGIANCE - INVOCATION.
 
The Council joined in the pledge of allegiance. Councilmember Mead gave the invocation.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Sarah E. Mead, Andrew R. Frounfelker and John R. Polaczyk-6. Absent: Councilmember Daniel P. Greer, with excuse -1.
 
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and Deputy City Clerk Angela Arnold.
 
AGENDA.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Mure to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
PRESENTATIONS/PROCLAMATIONS.
 
A. SPEECHES AND PRESENTATION OF AWARDS TO THREE FIRST PLACE WINNERS OF THE HUMAN RELATIONS COMMISSION 17TH ANNUAL TERESSA DELPH ESSAY/ORATORICAL CONTEST.
 
THIRD AND FOURTH GRADES - KARANA WICKENS, FROST ELEMENTARY SCHOOL
 
SEVENTH AND EIGHTH GRADES - BRITTANI NORRIS, MIDDLE SCHOOL AT PARKSIDE
 
TWELFTH GRADE - STEPHEN OWSLEY, WESTERN HIGH SCHOOL
 
Assistant City Manager Richard Marsh, on behalf of the Human Relations Commission, thanked the City Council for their support of the 17th Annual Teressa Delph Essay/Oratorical contest. He then introduced Teressa Delph, HRC member and founder of the contest. This year's subject was, “How Can You Promote Justice to Ensure Peace in your Family, Community and World.” He then introduced Karana Wickens, Brittani Norris and Stephen Owsley who delivered their award-winning speeches.
 
CITIZEN COMMENTS.
 
Kevin DeMay, 130 E. Washington, requested Council's consideration of his offer to purchase 714 Hupp.
 
Lena Vroman, 1229 Linwood, distributed photos of Linwood Street and asked that the street be repaired and drainage installed.
 
Caron Wootten, Colonial Cab Company, 500 N. Francis, expressed concern regarding the increase in fees for taxicab companies. She acknowledged the Police Department and Clerk's Office were doing a great job with turn-around time. Ms. Wooten volunteered herself to be available to meet with the committee responsible for changes to ordinance fees. She also voiced concern regarding “gypsy” taxicab companies and requested the City look into it.
 
CONSENT CALENDAR.
 
Councilmember Breeding requested Items A, D and E be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Mure to approve the following Consent Calendar, with Items A, D and E removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
 Consent Calendar
 
A. Removed for separate consideration.
 
B. Approval of the request from the Jackson Storyfest Committee for police assistance and for permission to use the City owned parking lots north of Pearl Street for school buses for their annual Jackson Storyfest to be held on Friday and Saturday, May 4 and 5, 2007. (Recommended approval received from the Police, Fire, Traffic Engineering, and Public Services Departments, and the Downtown Development Authority. Insurance coverage received and approved.)
 
C. Approval of the request from the March of Dimes to conduct their annual WalkAmerica event on City streets on Sunday, April 29, 2007, from 9:30 a.m. until 5:00 p.m., beginning and ending in Ella Sharp Park. (Recommended approval received from the Police, Fire, Traffic Engineering, Public Services and Parks/Forestry Departments. Insurance coverage received and approved.)
 
D. Removed for separate consideration.
 
E. Removed for separate consideration.
 
F. Receipt of the Dangerous Building Status Report through February 28, 2007.
 
G. Receipt, with regret, of the resignation of Debra Williams from the Community Development Department Citizens Advisory Council, effective immediately.
 
CONSENT CALENDAR ITEM A.
 
Approval of the minutes of the regular City Council meeting of February 27, 2007.
 
Councilmember Breeding indicated on Page 9 of the February 27 City Council minutes, the record should reflect the motion made by Councilmember Greer was to receive the report, not the recommendation on items B and C.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to approve the minutes with the noted correction. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
CONSENT CALENDAR ITEM D.
 
Approval of the Community Development Block Grant (CDBG) 2007-2008 Consolidated Plan Draft (One Year Action Plan) and authorization for its dissemination for public comment within the statutory timetable of thirty (30) days.
 
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker to approve the Consolidated Plan Draft and authorize dissemination. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Mead, Frounfelker and Polaczyk-5. Nays: Breeding-1. Absent: Councilmember Greer -1.
 
CONSENT CALENDAR ITEM E.
 
Receipt and approval of the Deficit Elimination Plan for the Ella W. Sharp Park Golf Practice Center Fund, in accordance with the recommendation of the Finance Director.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to receive and approve the Plan. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Mead, Frounfelker and Polaczyk-5. Nays: Breeding-1. Absent: Councilmember Greer-1.
 
COMMITTEE REPORTS.
 
None.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO REAPPOINT ROBIN KIRKPATRICK TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A FOUR-YEAR TERM, BEGINNING MARCH 30, 2007, AND ENDING MARCH 29, 2011.
 
Motion was made by Councilmember Polaczyk and seconded by Councilmember Mead to approve the Mayor's recommendation for reappointment. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
B. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT JOHNIE R. HARRELL TO THE ELECTION CANVASSERS BOARD FOR A FOUR-YEAR TERM, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2011.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to concur with the reappointment. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
PUBLIC HEARINGS.
 
None.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION RECOGNIZING THE FITNESS COUNCIL OF JACKSON, 225 N. JACKSON STREET, AS A NON-PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE.
 
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
B. CONSIDERATION OF A RESOLUTION APPROVING THE PROPOSED SERVICE FEE SCHEDULE FOR THE JACKSON POLICE DEPARTMENT, EFFECTIVE IMMEDIATELY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CHIEF OF POLICE.
 
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, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
C. CONSIDERATION OF A RESOLUTION APPROVING THE LIST OF SELECTED RECONSTRUCTION AND/OR REHABILITATION STREET PROJECTS FOR THE 2008-2011 TRANSPORTATION IMPROVEMENT PLAN (TIP), TOTALING $3,176,800 IN FEDERAL FUNDS, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.
 
Motion was made by Councilmember Mead and seconded by Councilmember Mure to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
D. CONSIDERATION OF A RESOLUTION AMENDING THE 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET FOR REALLOCATION OF THE RESIDENT OFFICER PROGRAM (ROP) FUNDS, IN THE AMOUNT OF $3,479.00, TO THE 2004-2005 CDBG FISCAL YEAR BUDGET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Frounfelker and Polaczyk-4. Nays: Councilmembers Breeding and Mead-2. Absent: Councilmember Greer-1.
 
ORDINANCES.
 
None.
 
OTHER BUSINESS.
 
A. RECEIPT OF A REPORT FROM THE CITY ENGINEER REGARDING THE RECONSTRUCTION OF LINWOOD AVENUE FROM HIGH STREET TO ROCKWELL STREET.
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to receive the report. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
1. CONSIDERATION OF A RESOLUTION DETERMINING THE NECESSITY OF STREET CONSTRUCTION ON LINWOOD AVENUE FROM HIGH STREET TO ROCKWELL STREET AND ORDERING THE STREET CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL. (ACTION ON ITEM POSTPONED AT THE FEBRUARY 27, 2007, CITY COUNCIL MEETING.)
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
NEW BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO ACCEPT THE DONATION OF A PARCEL OF PROPERTY, LOCATED AT 152 E. HIGH STREET, TO THE CITY OF JACKSON, IN ACCORDANCE WITH THE RECOMMENDATION OF CITY COUNCILMEMBER CARL BREEDING AND THE CITY MANAGER.
 
City Attorney Julius Giglio reported to Council that a baseline environmental assessment would need to be done on the parcel before acceptance of the property is deeded to the City.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to approve acceptance of the donation, once the deed is presented. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
City Manager William Ross thanked Mr. Breeding for working with him and Ms. McDonald on this project.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO DAKIN'S YARD-N-GARDEN EQUIPMENT, INC., IN THE AMOUNT OF $38,500.00, FOR A COMPACT EXCAVATOR FOR THE WASTEWATER TREATMENT PLANT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF SEWAGE TREATMENT AND FACILITIES AND THE PURCHASING AGENT.
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
C. CONSIDERATION OF THE REQUEST FOR THE CITY COUNCIL TO SELECT A BID OFFER FOR THE PURCHASE OF 714 HUPP AVENUE AND AUTHORIZATION FOR THE COMMUNITY DEVELOPMENT DEPARTMENT TO COMMENCE NEGOTIATION WITH THE PREFERRED DEVELOPER, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mure and seconded by Councilmember Frounfelker to approve the bid offer from Kevin and Susan DeMay. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO SCOTT FREDERICKSON CONSTRUCTION CORPORATION, IN THE AMOUNT OF $23,980.00, FOR THE COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 212 N. PLEASANT STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mure and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
E. CONSIDERATION OF THE REQUEST TO APPROVE THE PURCHASE AND DEVELOPMENT AGREEMENTS FOR THE PROPERTY COMMONLY KNOWN AS 2001 WELLWORTH, WITH A PURCHASE OFFER OF $75,000.00, AUTHORIZATION OF THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE DOCUMENTS AND TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE CLOSING OF THIS REAL ESTATE TRANSACTION, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Mure and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Polaczyk commented he and the Mayor toured the new emergency room at Foote Hospital. An invitation was given by Foote Hospital to any Councilmember interested in a personal tour, to contact Foote Hospital.
 
City Manager Ross announced AVI Systems would begin installation of audio/visual equipment on March 20th. The first live coverage of a City Council meeting should be by the first meeting in April, if everything goes well.
 
Councilmember Breeding referenced an article in the Citizen Patriot regarding property values and requested the City Assessor address the Council at the next meeting on how it is determined to increase or decrease property values and taxes.
 
EXECUTIVE SESSION TO DISCUSS LEGAL OPINION.
 
Motion was made by Councilmember Mure 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, Mure, Mead, Frounfelker and Polaczyk-6. Nays: 0. Absent: Councilmember Greer-1.
 
ADJOURNMENT.
 
No further business being presented, a motion was made by Councilmember Frounfelker and seconded by Councilmember Mead to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 8:17 p.m.
 
Angela Arnold
 
Deputy City Clerk