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APRIL 10, 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 Polaczyk gave the invocation.
 
ROLL CALL.
 
Present: Mayor Jerry F. Ludwig and Councilmembers Carl L. Breeding, William A. Mure, Daniel P. Greer, Sarah E. Mead, Andrew R. Frounfelker and John R. Polaczyk-7. Absent: 0.
 
Also present: City Manager William R. Ross, Assistant City Manager Richard J. Marsh, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.
 
AGENDA.
 
Mayor Ludwig noted that Items 11. B. and C. under Resolutions and Item 13.C. under Other Business were deleted from the agenda. Councilmember Greer wished to give a verbal report on the Rules and Personnel Committee under Item 8. Committee Reports.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
Councilmember Mure introduced and welcomed Miss Sarah Demeter seated with the Council. She is a dynamic young lady who is a member of the Jackson Youth Council and has been job shadowing with the City Clerk.
 
PRESENTATIONS/PROCLAMATIONS.
 
None.
 
CITIZEN COMMENTS.
 
Pam Gage, Wanda Beavers, Jay Cummings and Vicky Schultz all spoke regarding the request for CDBG funding for the Partnership Park After School Program. They all emphasized the need for the children to have a safe environment, particularly in light of the recent shooting of two young people, and the need for funding in the full amount requested.
 
CONSENT CALENDAR.
 
Motion was made by Councilmember Mure 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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
Consent Calendar
 
A. Approval of the minutes of the regular City Council meeting of March 27, 2007.
 
B. Approval of the miscellaneous City license renewals for the year May 1, 2007, through April 30, 2008, in accordance with the recommendation of the City Clerk.
 
C. Approval of the request from the Jackson Police Department to hold their annual Police Memorial Service at Bucky Harris Park on Wednesday, May 9, 2007, at 12:00 p.m., to honor Jackson County police officers who have lost their lives in the line of duty. (Approval recommended by the Police, Fire, Traffic Engineering, Public Services, and Parks/Forestry Departments, and the Downtown Development Authority. Insurance coverage is in place.)
 
D. Approval of Traffic Control Order (TCO) Nos. 1946 and 1947 related to parking on Clinton Road between Lansing Avenue and Monroe Street, in accordance with the recommendation of the City Engineer.
 
E. Approval of the annual Police Award Banquet to be held on Wednesday, May 16, 2007, in accordance with the recommendation of the Chief of Police.
 
F. Approval of the revision to the Lead Hazard Control Program Guidelines, Section II, B, Item 1, in accordance with the recommendation of the Community Development Director.
 
G. Approval of the Development Agreement between the City and Kevin and Susan DeMay for the property located at 714 Hupp Avenue, authorization for the Mayor and City Clerk to execute the appropriate document(s), and authorization for the City Attorney to make minor modifications to the document(s) and to take any and all action necessary to close this real estate transaction, in accordance with the recommendation of the Community Development Director.
 
H. Receipt of the Community Development Department Quarterly Building Permit Report.
 
I. Receipt of the Dangerous Building Status Report through March 31, 2007.
 
J. Establishment of April 24, 2007, at the City Council meeting as the time and place to hold a public hearing on an application for an Industrial Facilities Exemption Certificate filed by Technique, Inc., 2427 Research Drive.
 
COMMITTEE REPORTS.
 
Councilmember Greer, Chair of the Rules and Personnel Committee, reported that the Committee has begun the process for the annual evaluation of the appointed officials. Self-evaluation forms have been sent to the officials and those completed self-evaluations, along with blank forms, will be sent to each Councilmember. The time line follows last year, with the process being completed at the second meeting in May, in concurrence with the adoption of the City's budget. The Committee also voted to send a friendly reminder to the Mayor regarding appointment notifications, asking that they be sent to Councilmembers two weeks prior to being placed on a Council agenda.
 
APPOINTMENTS.
 
A. APPROVAL OF THE MAYOR'S RECOMMENDATION TO APPOINT LINK CECIL TO THE CITIZENS ADVISORY COUNCIL FOR COMMUNITY DEVELOPMENT, BEGINNING IMMEDIATELY AND ENDING DECEMBER 31, 2007.
 
Motion was made by Councilmember Frounfelker and seconded by Councilmember Mure to approve the Mayor's recommendation. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
PUBLIC HEARINGS.
 
A. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON DOUGLAS STREET FROM FIRST STREET TO WOODBRIDGE STREET.
 
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 Mead and seconded by Councilmember Polaczyk to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON HIBBARD AVENUE FROM GANSON STREET TO NORTH STREET.
 
Mayor Ludwig opened the public hearing. Matthew Catterlin, 708 Hibbard, showed pictures of Hibbard Street to the Councilmembers and remarked that the street is in extreme disrepair. He didn't think it was much of a question whether it needs to be fixed or not. Kevin Jewell, 812 Hibbard, stated that 812 Hibbard Street is for the construction of the water and sewer main and the resurfacing of the road. 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 Mead and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
C. PUBLIC HEARING OF NECESSITY FOR STREET CONSTRUCTION ON MORRELL STREET FROM HUPP AVENUE TO ELM AVENUE.
 
Mayor Ludwig opened the public hearing. Steve Artz, RTD Manufacturing, stated RTD is for the project 100%. He also stated he was present tonight to get information on project costs and payments. He reported that a salvage yard moved in by the railroad tracks and he has noticed debris in the road and in their woods. He asked if that could be looked into, including proper zoning. He asked whom he should speak with to discuss selling their properties behind the shop and on Elm Street. The Clerk noted correspondence from Fab-Alloy Company, 1163 E. Morrell, expressing concerns with the amount of their assessment and access to their business during the construction. Mayor Ludwig closed the public hearing.
 
1. RESOLUTION ORDERING THE CONSTRUCTION AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
 
Motion was made by Councilmember Mure and seconded by Councilmember Greer to adopt the resolution. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
RESOLUTIONS.
 
A. CONSIDERATION OF A RESOLUTION APPROVING THE USE OF RECEIVING BOARDS AT ELECTIONS HELD IN THE CITY ON MAY 8, AUGUST 7 AND NOVEMBER 6, 2007, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
B. Deleted.
 
C. Deleted.
 
D. CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 15, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4148 FOR DELINQUENT MISCELLANEOUS GENERAL FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
E. CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 15, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4149 FOR DELINQUENT MISCELLANEOUS BUILDING FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
F. CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 15, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4150 FOR DELINQUENT MISCELLANEOUS COMMUNITY DEVELOPMENT BLOCK GRANT FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
G. CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 15, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4151 FOR DELINQUENT MISCELLANEOUS WATER FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
H. CONSIDERATION OF A RESOLUTION ESTABLISHING MAY 15, 2007, AT THE CITY COUNCIL MEETING AS THE TIME AND PLACE TO HOLD A PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 4152 FOR DELINQUENT MISCELLANEOUS PUBLIC WORKS FUND ACCOUNTS RECEIVABLE AND DIRECTING THE CITY ASSESSOR TO PREPARE THE ROLL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK.
 
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, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
ORDINANCES.
 
None.
 
OTHER BUSINESS.
 
A. CONSIDERATION OF THE REQUEST TO APPROVE THE APPOINTMENT OF KYLE ANNE JANSEN AS THE EXECUTIVE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mure to request permission for Councilmember Breeding to abstain from voting on this matter. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Mure, Mead, Frounfelker and Polaczyk-5. Nays: Mayor Ludwig and Councilmember Greer-2. Absent: 0.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Mure, Greer, Mead, Frounfelker and Polaczyk-6. Nays: 0. Abstain: Councilmember Breeding-1. Absent: 0.
 
B. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO SCOTT FREDERICKSON CONSTRUCTION, IN THE AMOUNT OF $24,900.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 1309 MERRIMAN, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Breeding and seconded by Councilmember Mead to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
C. Deleted.
 
D. CONSIDERATION OF THE REQUEST TO APPROVE THE BID AWARD TO HARRISON BUILDERS, IN THE AMOUNT OF $48,255.00, FOR THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT LOCATED AT 1033 FIRST STREET, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
 
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Ludwig and Councilmembers Breeding, Mure, Greer, Mead, Frounfelker and Polaczyk-7. Nays: 0. Absent: 0.
 
NEW BUSINESS.
 
None.
 
CITY COUNCILMEMBERS' COMMENTS.
 
Councilmember Breeding remarked that the news release regarding vacancies on City boards and commissions is an excellent way of getting this information out.
 
He also noted that the Cooper Street “Cool City” dirt pile is still there.
 
He read in the paper about the Deputy City Attorney speaking before the Midtown Association about the sign ordinance. He was shocked to read about what the City was going to do when it had not come to the Council. He wishes Council could be informed before staff goes out and makes presentations.
 
Mayor Ludwig responded it was an informational gathering to get feedback from the downtown merchants.
 
Mr. Breeding also inquired about an incident on Friday, around 5:00 p.m., in the 1300 block of Francis Street. He reported that there were eight police vehicles and police officers had their guns drawn. Cars were driving down the street and young people were walking on the same side of the street where the officers were staked out. He requested the City Manager look into this matter.
 
Councilmember Greer reported the new audio/visual system is up and running and the meeting is going out live over the system. He asked the City Manager to look into scheduling replays of the Council meetings and suggested Tuesday nights at 7:00 p.m. be reserved. He thanked everyone for talking into their microphones.
 
Councilmember Frounfelker recognized the Community Development Department for their efforts with the home rehab projects. He requested that the City Manager work with the economic development department to bring the Council weekly or monthly status reports of what is going on with the economic development activities in the City, such as retention visits and recruitments. It doesn't have to be anything in the negotiation stage.
 
He thanked Wanda Beavers, Partnership Park Neighborhood Association Residents Committee President, for her hard work in planning and hosting the Easter egg hunt last Saturday. The kids had a good time and received many presents.