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JACKSON CITY COUNCIL MEETING

MINUTES

NOVEMBER 9, 2010

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 Karen F. Dunigan.

PLEDGE OF ALLEGIANCE – INVOCATION.

The Council joined in the pledge of allegiance. The invocation was given by Councilmember Polaczyk.

ROLL CALL.

Present: Mayor Karen F. Dunigan 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 Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, City Engineer Jon Dowling, Police Chief Matt Heins, Fire Chief Mike Beyerstedt and Community Development Director Carol Konieczki.

AGENDA.

Motion was made by Councilmember Greer and seconded by Councilmember Howe to adopt the agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

CITIZEN COMMENTS.

Michelle LaVoy-Foster spoke in support of City Treasurer Randy Wrozek and spoke in opposition to the proposed Charter Amendment that would make the Treasurer’s position appointed as of December 1, 2015.

Kim Jaquish discussed crime and fire statistics and spoke in opposition to cuts in police and fire personnel.

Stephen McLaren, Hydro Designs, Inc., stated he was available to answer questions on the bid award for a cross connections control program – Item B under New Business. 11/9/10 2

PRESENTATIONS/PROCLAMATIONS.

A. PRESENTATION GIVEN BY SCOTT AMBS, COORDINATOR OF THE JACKSON COUNTY GEOGRAPHIC INFORMATION SERVICES, REGARDING THE 2011 JACKSON COUNTY AERIAL IMAGERY ACQUISITION PROJECT.

Mr. Ambs discussed the planned Aerial Imagery Acquisition Project, including the need for updated information, the collaboration with local governmental units, the quality of the imagery and the proposed timeline.

Motion was made by Councilmember Greer and seconded by Councilmember Howe that on the Letter of Intent, the box stating "We are more than likely to partner in this project, but will require a formal decision from the City Council before signing a Memorandum of Understanding," be checked and that the Mayor be authorized to sign the document on behalf of the City. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser and Polaczyk—5. Nays: Councilmembers Breeding and Frounfelker—2. Absent: 0.

CONSENT CALENDAR.

Councilmember Polaczyk requested Item B be removed for separate consideration. Councilmember Frounfelker requested Item A be removed for separate consideration. Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the following Consent Calendar, with Items A and B removed for separate consideration. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

Consent Calendar

A. Removed for separate consideration.

B. Removed for separate consideration.

C. Approval of the request from the Assistant City Attorney to write-off delinquent accounts receivable accounts in the amount of $366.39.

D. Approval of the request from Greater Jackson Habitat for Humanity to conduct their Run/Walk for Shelter on City Streets, with police assistance, on Saturday, November 20, 2010, from 9:00 a.m. to 10:30 a.m. (Approval recommended by the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage has been received.)

E. Approval of Traffic Control Order (TCO) No. 2076, allowing southeastbound traffic on Wildwood Avenue at the intersection of Daniel Road to turn either left or right, and rescinding TCO No. 2000.

F. Approval of Traffic Control Order (TCO) No. 2077, requiring southbound traffic on Allen Road to yield right-of-way to east and westbound traffic on Maguire Street.

G. Approval of Final Change Order No. 1, to the contract with Concord Excavating & Grading, Inc., Concord, in the decreased amount of $4,697.03, and extending the contract completion date, for the Blackstone, Euclid and Hibbard Sewer Construction project, and authorization for the City Manager and City Engineer to execute the appropriate document(s).

CONSENT CALENDAR ITEM A.

Approval of the minutes of the regular City Council meeting of October 26, 2010. 11/9/10 3

Regarding Traffic Control Order No. 2075 (Consent Calendar Item J.), Councilmember Frounfelker clarified his October 26, 2010, motion as follows. Approve the Traffic Control Order. Leave the overhead traffic control devices at the intersection for at least 6 months in case there are any changes or until we can better sign that intersection and that any other change that may happen to this intersection after the TCO is approved doesn’t happen until after January 1. The remainder of the motion was correct. In addition, have the City Engineer make that a four-way stop starting as soon as tomorrow. Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the minutes, with the above changes. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

CONSENT CALENDAR ITEM B.

Approval of the payment of the Region 2 Planning Commission invoice in the amount of $11,989.18, for planning services for the month of September 2010, in accordance with the recommendation of the City Manager.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the payment and request that the detailed information, as provided with this invoice, be included with future invoices. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

COMMITTEE REPORTS.

A. RECEIPT OF THE CITY AFFAIRS COMMITTEE REPORT.

Motion was made by Councilmember Greer and seconded by Councilmember Howe to receive the report. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

APPOINTMENTS.

None.

PUBLIC HEARINGS.

A. PUBLIC HEARING REGARDING A PAYMENT IN LIEU OF TAXES (PILOT) APPLICATION FROM EXCEL-NEW URBAN JAX LDHA LP, FOR THE DEVELOPMENT OF PHASE 1B OF THE ARMORY ARTS PROJECT.

Mayor Dunigan opened the public hearing. Scott Fleming spoke in support of the PILOT for the development of Phase 1B and asked the Council for their support. John Wilson had questions regarding the financing of this project and asked what economic growth has come about because of the Armory Arts Project. The Mayor closed the public hearing.

  1. CONSIDERATION OF AN ORDINANCE ADDING ARTICLE VI OF CHAPTER 24, CITY CODE, TO PROVIDE THAT EXCEL-NEW URBAN JAX LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP BE GRANTED TAX EXEMPT STATUS SUBJECT TO A PAYMENT IN LIEU OF TAXES (PILOT). (STAFF HAS MET AND A PRELIMINARY DEVELOPMENT

11/9/10 4

AGREEMENT SHOULD BE PRESENTED AT THE NEXT CITY COUNCIL MEETING. CITY AFFAIRS COMMITTEE RECOMMENDS APPROVAL CONTINGENT UPON THE FINAL PASSAGE OF AN APPROPRIATE DEVELOPMENT AGREEMENT.)

Motion was made by Councilmember Greer and seconded by Councilmember Howe to concur with the City Affairs Committee recommendation and approve the ordinance and place it on the November 23 Council meeting agenda for adoption, contingent upon formalization of an appropriate development agreement at the next meeting. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Howe, Greer and Polaczyk—4. Nays: Councilmembers Breeding, Gaiser and Frounfelker—3. Absent: 0.

Councilmember Howe was ill and left the meeting at 7:50 p.m.

RESOLUTIONS.

None.

ORDINANCES.

A. FINAL ADOPTION OF ORDINANCE NO. 2010.10, AMENDING CHAPTER 23, SECTION 23-58, CITY CODE, TO PROVIDE THAT STREET NUMBERS ARE ASSIGNED BY THE CITY ASSESSOR’S OFFICE RATHER THAN THE CHIEF BUILDING OFFICIAL.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to adopt Ordinance No. 2010.10. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.

OTHER BUSINESS.

None.

NEW BUSINESS.

A. APPROVAL OF THE REQUEST TO APPROVE THE BID AWARD TO ALPHA & OMEGA CONSTRUCTION, IN THE AMOUNT OF $33,980.00, TO REHABILITATE THE OWNER-OCCUPIED COMMUNITY DEVELOPMENT REHABILITATION PROJECT AT 1021 S. MILWAUKEE, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.

B. CONSIDERATION OF THE REQUEST TO APPROVE THE CONTRACT BID AWARD TO HYDRO DESIGN, INC., TROY, IN THE AMOUNT OF $129,996.00, FOR A WATER DISTRIBUTION CROSS CONNECTIONS CONTROL PROGRAM,

11/9/10 5

AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY ENGINEER.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: 0. Absent: Councilmember Howe—1.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Gaiser announced he will conduct a 4th Ward Neighborhood meeting on Tuesday, November 16 at 7:00 p.m. in City Hall.

Councilmember Frounfelker announced the Rules & Personnel Committee will meet on November 16 regarding the City Manager search.

Councilmember Polaczyk stated that Councilmember Howe asked him to remind everyone that this is the birth date of the United States Marine Corps and to thank the City Manager for his service to the Corps. He also announced that on Thursday, November 11 at 11:00 a.m. there will be a ceremony in Withington Park honoring our Veterans.

MANAGER’S COMMENTS.

None.

ADJOURNMENT.

No further business being presented, a motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:55 p.m.

Lynn Fessel

City Clerk