City of Flushing
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, May 13, 2002 at 7:30 p.m. by Mayor Janice L. Gensel, followed by the Pledge of Allegiance to the Flag and invocation.
Present: Richard L. Bade
John C. Gault
Janice L. Gensel
Chris A. Girard
Jay E. Johnson
Teresa K. Salem
Michael T. Szukhent
Absent: None
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Edward G. Henneke, City Attorney
Agenda Addition Motion by Szukhent, seconded by Johnson, to add item B4 Art in the Park, to the agenda.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Agenda Deletion Motion by Johnson, seconded by Szukhent, to remove F1 Zoning Ordinance, from the agenda.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda Motion by Girard, seconded by Szukhent, to approve the May 13, 2002 agenda as amended.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
City of Flushing
Minutes
Page Two
MEETING
OPEN TO THE PUBLIC:
The following individuals addressed City Council:
Elva Cook Richard Wagonlander Chris Common
PRESENTATIONS:
Proclamation in Recognition of an Act of Heroism David Arnold and Bradley Dockins
Proclamation in Recognition of Service to the Fair Winds Girl Scout Council Sarah Keyser-Brown
Lucy Ham Presentation of Bronze Statue
CONSENT AGENDA Motion by Szukhent, seconded by Girard, to approve the consent agenda, City Council Minutes (April 22, 2002 Regular Meeting), City Council Minutes (April 25, 2002 Special Meeting), City Council Minutes (April 25, 2002 Closed Session), City Council Minutes (April 29, 2002 Special Meeting) and May 13, 2002 Council Bills List.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
COMMUNICATIONS:
Flushing Area Chamber of Commerce Request to Hold the Rock & Roll Oldies Festival Motion by Szukhent, seconded by Girard, to permit the Flushing Area Chamber of Commerce to hold the Rock & Roll Oldies Festival in Riverview Park from June 5-9, 2002.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
City of Flushing
Minutes
Page Three
Skateboard Park At the April 29, 2002 Joint Meeting, a request was made to fund a skateboard park in the amount of $50,000.00 per year for three (3) years. That amount was not included in the budget submittal which was presented to the City Council in April, and is not included in the current budget.
The City Manager recommended a different method of providing for a skateboard facility in the community. Presently, a parcel of land has been identified along the anticipated trail which begins in Flushing County Park and proceeds south to Seymour School. The investment in this parcel is a significant amount and commitment towards the establishment of a skateboard park. The City Manager requested that, in Executive Session, the City Council authorize the purchase of that property.
He stated that if that property can be secured, or if another property will better serve this need, he would like to request that a skateboard facility be added to the Flushing Area Recreational Master Plan in order to be eligible for grant funding through the Department of Natural Resources Trust Fund. Once included in the Master Plan, a joint application could be completed using the Urban Cooperation Act involving the City of Flushing, Flushing Township, the school district and, perhaps, other area townships and the Genesee County Parks and Recreation Commission. If this facility is constructed, it will certainly be used by the residents of the entire area and could be funded by all of those entities accordingly.
Effective Meeting Techniques Parliamentary Procedure Workshop Motion by Gault, seconded by Szukhent, to authorize Mayor Gensel and Councilpersons Bade, Salem, and Girard to attend a Parliamentary Procedure Workshop at Flushing Township on Wednesday, May 15, 2002 at a cost of $50.00.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Art In The Park Motion by Szukhent, seconded by Girard, to permit the Flushing Womens Club to hold the annual Art In The Park in Riverview Park on June 1, 2002.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
City of Flushing
Minutes
Page Four
REPORTS:
Sewer Back-Up Policy - As the result of a recently enacted law, Public Act 222, the City is required to develop reporting requirements and claims handling procedures in order to properly handle claims as a result of sewage disposal events.
The Act provides that a government agency may be held liable for a back-up if that agency should have known and failed to take reasonable steps, in a reasonable amount of time, to correct defects in the sewer system. The defect must be the substantial proximate cause of injury or damages.
In order for a claim to be properly handled, the following procedures will be used in order to comply with this Act. Claimants must meet a forty-five (45) day reporting requirement. This allows the City to properly investigate all records as to the maintenance, repair and construction of sewer lines. Claimants will be advised that they are required to submit a list of all damages. Economic damages are the only compensation for a claim except in certain cases of death, serious impairment of a body function, or permanent disfigurement.
The Act also requires that the City provide certain public information to the residents through the following actions:
a. public information,
b. notices to and from claimants, and
c. notices to other governmental bodies.
This item was included on the agenda as part of the dissemination of public information as required by the Act.
Bureau of Land Management The City received communication from the Bureau of Land Management notifying the City that we must complete a plan of development for an area of land south of the Flint River in the area of McKinley Road. The plan of development should include a conceptual drawing showing a facility layout, a narrative describing the proposed uses of the land, a timetable for development and a narrative describing how the project will be operated.
City of Flushing
Minutes
Page Five
The City Manager recommended that the City Council authorize administration to prepare a plan of development which will request that the land described in the Bureau of Land Management letter be maintained as a floodplain. In addition, the plan should indicate a request for adequate funding to construct the pedestrian bridge as a link for the residents on the south side of the river to connect to the central business district.
Summer Meeting Schedule Motion by Bade, seconded by Salem, to retain the regular meeting schedule (2nd and 4th Monday) for June, July, and August, and set the second meeting date of May for Tuesday, May 28, 2002.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Tucker Memorial Pool Motion by Szukhent, seconded by Girard, to set the 2002 Tucker Pool rates as follows:
Family Passes: Resident $100.00; Non-resident $200.00
Individual Pass: Resident $25.00; Non-resident $75.00
Latchkey: Per student $2.00
Water Exercise Pass: $50.00
Lessons: Resident $25.00; Non-resident $50.00
Pool Rental: $75.00 per hour
Swim Team: $60.00
Daily Passes: Resident $10.00/5 passes; Non-resident $20.00/5 passes
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
BID/AWARD
PURCHASES:
Police Patrol Cars Motion by Girard, seconded by Szukhent, to authorize the purchase of two (2) Ford Crown Victoria police cars from Signature Ford Lincoln Mercury of Owosso, Michigan, at a cost not to exceed $41,724.00.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
City of Flushing
Minutes
Page Six
OLD
BUSINESS:
2002-2003 FY Proposed Budget Motion by Gault, seconded by Bade, to remove the 2002-2003 FY proposed budget from the table.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
2002-2003 FY Proposed Budget Motion by Szukhent, seconded by Gault, to adopt the 2002-2003 fiscal year budget as presented.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
2002 Proposed Tax Levy Motion by Szukhent, seconded by Girard, to remove the 2002 proposed tax levy from the table.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
2002 Proposed Tax Levy Motion by Szukhent, seconded by Salem, to adopt the following 2002 millage rates: General Operating, 7.0020; Capital Improvement, 3.5914; total 10.5934. This represents a .5000 mill decrease from the 2001 levy of 11.0934 mills.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Closed Session Motion by Szukhent, seconded by Gault, that pursuant to the Open Meetings Act compiled laws 15.268(d) to go into closed session to consider the purchase or lease of real property and to consider the option to purchase or lease real estate.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Minutes
Page Seven
Adjourn: 9:02 p.m.
Reconvene: 9:30 p.m.
Purchase of Real Property Motion by Szukhent, seconded by Bade, to instruct the City Manager and the City Attorney to negotiate the purchase of property as discussed in closed session.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn Motion by Szukhent, seconded by Gault, to adjourn.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:33 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer