JACKSON CITY COUNCIL MEETING
MINUTES
MARCH 8, 2011
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 Greer.
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, Police Chief Matt Heins, City Engineer Jon Dowling and Interim Deputy Fire Chief Dave Wooden.
AGENDA.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer 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.
Eileen Lehnert, representing Kiwanis Clubs, explained their partnership with the City on the Kiwanis Park project and thanked City leaders for making the Park more valuable to the children of our community.
Jaclyn Pilarczyk asked the Council to support her request for a waiver to exceed the 80 percent income rule for the Emergency Hazard Program. 3/8/11 2
Jean Soltis discussed fire hydrant water flow in the City and asked if hydrants could be color coded to indicate their flow.
Gerald Montgomery stated he believes the recommended cut in pay for the Mayor and Council is appropriate and he thinks the City Manager should take an equivalent cut.
PRESENTATIONS/PROCLAMATIONS.
None.
CONSENT CALENDAR.
Mayor Dunigan requested Item E be removed for separate consideration. Motion was made by Councilmember Greer and seconded by Councilmember Howe to approve the following Consent Calendar, with Item E 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. Approval of the minutes of the regular City Council meeting of February 22, 2011.
B. Approval of the payment of the Region 2 Planning Commission invoice in the amount of $9,535.27 for planning services for the month of January 2011, in accordance with the recommendation of the City Manager. (Postponed at the February 22, 2011, City Council meeting.)
C. Approval of the request from the Jackson Police Department to hold their annual Police Memorial Service at Bucky Harris Park on Wednesday, May 11, 2011, at 12:00 p.m., to honor fallen police officers in Jackson. (Recommended approval received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Insurance coverage is in place.)
D. Receipt of the City of Jackson’s summary of revenue and expenditures for seven (7) months ended, January 31, 2011.
E. Removed for separate consideration.
CONSENT CALENDAR ITEM E.
Receipt of City Attorney’s memorandum regarding the Deputy City Attorney position.
Motion was made by Councilmember Breeding and seconded by Councilmember Frounfelker to receive the memorandum. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—6. Nays: Councilmember Gaiser—1. Absent: 0.
Motion was made by Councilmember Breeding and seconded by Councilmember Greer to direct the City Attorney to proceed with the appointment and hiring of a Deputy. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer, Frounfelker and Polaczyk—5. Nays: Mayor Dunigan and Councilmember Gaiser—2. Absent: 0.
COMMITTEE REPORTS.
None. 3/8/11 3
APPOINTMENTS.
None.
PUBLIC HEARINGS.
RECESS AS A CITY COUNCIL AND CONVENE AS A BOARD OF REVIEW.
Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to recess as a City Council and convene as a Board of Review. 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.
A. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3360 FOR STREET CONSTRUCTION ON WEST ARGYLE FROM WISNER STREET TO WEST AVENUE.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3361 FOR STREET CONSTRUCTION ON JACKSON STREET FROM LOUIS GLICK HIGHWAY TO GANSON STREET.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
C. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3362 FOR STREET CONSTRUCTION ON WEST MASON FROM JACKSON TO MECHANIC STREET.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
D. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3363 FOR STREET CONSTRUCTION ON STATE FROM PEARL TO GANSON STREET.
Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
E. PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL NO. 3364 FOR STREET CONSTRUCTION ON WESLEY FROM BLACKSTONE TO JACKSON STREET.
Mayor Dunigan opened the public hearing. The Clerk reported on letters received from Robert Berkebile, RL Management Group, opposing the special assessments on the property at 237 and 239 W. Wesley and Kyle Bamm, Wes Black LLC, opposing the special assessment on property at 309 S. Blackstone. Pat Willis, owner of 400 S. Jackson, addressed the Council stating that with this assessment, an increase in property taxes and a stormwater fee, she will have to pass these increases on to her tenants. Kevin Radcliffe, owner of 222 W. Wesley, stated that it appears the majority of the improvements benefit government properties, the value of his property has decreased more than 50% over the past 3 years and to slap an assessment on his property is not appropriate. Barbara Myers, owner of 207 W. Wesley, spoke in opposition to her assessment, stating she is not able to rent or sell her property and it is a lot of money. The Mayor closed the public hearing.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
ADJOURN AS A BOARD OF REVIEW AND RECONVENE AS A CITY COUNCIL.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adjourn as a Board of Review and reconvene as a City Council. 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.
F. PUBLIC HEARING ON THE PROPOSED REFUNDING OF THE CITY DOWNTOWN DEVELOPMENT BONDS, SERIES 2001.
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Mayor Dunigan opened the public hearing. No one spoke; no correspondence was received. The Mayor closed the public hearing.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
RESOLUTIONS.
None.
ORDINANCES.
None.
OTHER BUSINESS.
A. CONSIDERATION OF THE REQUEST TO APPROVE A WAIVER TO EXCEED THE 80 PERCENT INCOME RULE FOR EMERGENCY HAZARD PROGRAM FOR PROPERTY LOCATED AT 129 GILBERT. (POSTPONED AT THE FEBRUARY 22, 2011, CITY COUNCIL MEETING.)
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, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
B. CONSIDERATION OF A LEASE BETWEEN THE CITY AND KUHL INVESTMENT COMPANY, LLC, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S) AND THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE LEASE.
Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the lease. 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.
NEW BUSINESS.
A. CONSIDERATION OF A RECOMMENDATION FROM THE LOCAL OFFICERS COMPENSATION COMMISSION (LOCC) THAT THE ANNUAL SALARIES OF THE MAYOR AND CITY COUNCIL BE DECREASED THE FIRST YEAR AND REMAIN AT THE REDUCED AMOUNT FOR THE SECOND YEAR.
Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the recommendation. The motion was adopted by the following vote. 3/8/11 6
Yeas: Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk—6. Nays: Councilmember Breeding—1. Absent: 0.
B. CONSIDERATION OF A RECOMMENDATION FROM THE LOCAL OFFICERS COMPENSATION COMMISSION (LOCC) THAT THE ANNUAL SALARY OF THE CITY TREASURER REMAIN AT THE CURRENT AMOUNT FOR THE NEXT TWO YEARS.
Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the recommendation. 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.
C. CONSIDERATION OF THE REQUEST TO APPROVE THE LOW BID AWARD TO 5 LEPRECHAUNS, LLC, MINUS BID DEDUCTIONS 1, 2, 4, AND 5 FOR A TOTAL BID AMOUNT OF $148,000.00 FOR THE KIWANIS PARK PROJECT, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF PARKS, RECREATION AND GROUNDS.
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 Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.
Mayor Dunigan thanked the Kiwanis Clubs for their dedication to City parks.
CITY COUNCILMEMBERS’ COMMENTS.
Councilmember Frounfelker (1) requested an update on the Brown Floral roof design matter. The City Manager responded that this is a legislative issue and will be a City Council decision. It will appear on the April 12 City Council meeting agenda. (2) He would also like to see the Council work on a mission statement and goals before beginning work on the budget.
Councilmember Gaiser (1) asked if information regarding fire hydrant color-coding could be disseminated to the public. The City Manager stated he will place it on the City’s website. (2) He also requested an update on the Jo-Paz matter. The City Manager reported that a meeting took place and he asked the owners to file a formal claim with our insurance company. (3) In view of recent changes in the Fire Department response to medical emergencies, he would like an assessment of how response times have been affected in the City and in the County and the affect on patient outcomes. He would like to see this information as a presentation on a City Council agenda.
Councilmember Greer (1) requested, on the next agenda, a discussion item on how the City will inform voters about the May 3 Special Election proposal. (2) He also requested an update on the City Manager search. Mr. Renando remarked the advertisement has been placed and he has received a few phone calls from potential candidates.
MANAGER’S COMMENTS.
None. 3/8/11 7
ADJOURNMENT.
No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Greer to adjourn the meeting. The motion was adopted by unanimous voice vote and the meeting adjourned at 7:56 p.m.
Lynn Fessel
City Clerk