Flushing City Council
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, January 12, 2004 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
Janice L. Gensel
Jay E. Johnson
Raymond Peck
Teresa K. Salem
Michael T. Szukhent
Absent: John C. Gault
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Edward G. Henneke, City Attorney
Excused Absence – Motion by Szukhent, seconded by Bade, to excuse the absence of Councilperson Gault.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Addition to Agenda – Motion by Szukhent, seconded by Bade, to add to the agenda: Executive Session – City of Flushing vs. Warda.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda – Motion by Szukhent, seconded by Johnson, to approve the January 12, 2004 agenda as amended.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
A large group of students and their parents, from the Flushing Junior High School, attended the meeting to voice their displeasure over the reassignment of the DARE officer.
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CONSENT AGENDA – Motion by Johnson, seconded by Szukhent, to approve City Council Minutes (December 8, 2003 Regular Meeting) and January 12, 2004 Council Bills List.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
PUBLIC
HEARINGS:
Rezoning – 449 N. Elms Road – An application for rezoning was submitted by Mr. Charles Withey, President of the Withey Development Company, Incorporated, for a Planned Residential Development District (R-4/PRD) designation for 449 N. Elms Road. The PRD District is intended to provide mixed compatible uses, or allow clustering of residential units, to preserve open space and natural features. The City Council must either approve, approve with conditions, or deny the R-4/PRD rezoning and conceptual R-4/PRD plan.
The standards for approval require, among other things, that at least twenty (20%) percent of the total acreage be open space, with at least half that space being outside of any water body, floodplain, or wetland. The open space shall include trails, or features, to encourage use by residents. The developer will need to obtain permission from the City Council to allow a reduction in the easement width for two-twenty (20’) foot wide private drives from the required sixty (60’) foot minimum for private road easements.
Motion by Johnson, seconded by Bade, to send this plan back to the Planning Commission without continuing the public hearing.
Yea: Bade, Johnson
Nay: Peck, Salem, Szukhent, Gensel
Motion Fails.
Mr. Johnson believed this plan should be returned to the Planning Commission because he felt that open space requirements for the plan should be negotiated prior to going to Council, and that the developer should obtain any required variances before going before the City Council. The City Manager stated the Zoning Ordinance specifically states that the City Council is the body that must negotiate these items.
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The Mayor opened the public hearing to the audience.
Ron Graves, 467 N. Elms Road, had a petition with seven signatures of residents living within one hundred (100’) feet of 449 N. Elms Rd. These residents are not in favor of the development. He took pictures of the wetlands and will watch closely what is going on and make sure the wetlands are preserved.
Dawn Silva, 475 N. Elms Road, is concerned with the water runoff with this number of units being added to the area. She was also concerned about liability associated with people accessing the pond.
Elva Cook, 1459 Flushing Road, stated that the plan should not be considered by the City Council. The original plan’s request for variance was denied by the Zoning Board of Appeals, so the plan should have died, and a new plan under the current zoning ordinance submitted.
Denise Bauer, representing the Flushing Baseball League, expressed her concern regarding the placement of the private drive in relationship to the existing ball fields. The drive would be directly behind the current bleachers.
Chuck Withey, 449 N. Elms Road, stated that if Council doesn’t grant his request for twenty-two (22’) foot roads, then he could submit another plan to the Planning Commission with wider drives. He also stated that the concerns expressed, such as garbage pickup, street maintenance, drainage, etc., would be addressed on the final site plan submitted to the Planning Commission. This submittal is merely a conceptual plan.
The Mayor closed this portion of the public hearing.
The City Manager responded to the questions raised during the public hearing. In the development, since it is a condominium project, it is the City’s expectation that the condominium association would be responsible for clearing the drives; these would not be public roads. The wetland delineation that was turned in may or may not be correct; the Michigan Department of Environmental Quality (MDEQ) will review the delineation to ascertain that it is correct as part of the final site plan. The water runoff problem is an engineering issue, which is not resolved, and is also a site plan issue, not a conceptual plan issue. The pond rights of the owners would be addressed in the condominium documents, which would have to be submitted to the City if the developer obtained final approval. A water meter pit would have to be installed by the developer.
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Councilperson Johnson asked what the Council was being asked to approve. The City Manager responded that Council was being asked to approve the rezoning, the concept of condominium, the ability to deviate from the requirement of a sixty (60’) foot private road easement width, and to make a determination as to whether or not open space on this development is adequate for the City. (The City Manager then read, from the Zoning Ordinance, the definition of open space.)
Rezoning – 449 N. Elms Road – Motion by Johnson to approve the application for R-4/PRD rezoning and conceptual R-4/PRD plan as presented. Motion died for lack of support.
Rezoning – 449 N. Elms Road – Motion by Johnson, seconded by Peck, to deny the R-4/PRD rezoning and conceptual R-4/PRD plan for 449 N. Elms Road.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Johnson stated that the Council owed the developer an explanation of what would be required to have this plan approved. He stated that he doesn’t like private drives; he doesn’t like sidewalks not coming up to the houses. He felt that it was not desirable to have public streets and private drives in the same development. He feels that there is not enough space available to build this number of homes and the development is too close to the park.
If the developer decides to start over, he would be under the restrictions of the new Zoning Ordinance (adopted November 12, 2002).
COMMUNICATIONS:
2004 Michigan Municipal League (MML) Legislative Conference – Communication was received advising Council that the 2004 Michigan Municipal League’s Legislative Conference will be held on Wednesday, March 24, 2004 in Lansing. Council members who are interested in attending should contact the City Manager’s office.
Flushing Area Senior Center – Contribution – Communication was received from Caroline Sanderson, Director of the Flushing Area Senior Citizens Center, requesting that $6,000.00 in City budgeted funds be released to the Senior Center for 2004 operations.
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Flushing Area Senior Center – Contribution – Motion by Szukhent, seconded by Johnson, that the disbursement to the Senior Center be postponed until a twelve month financial statement can be obtained from the Senior Center’s treasurer, and that the Director or Treasurer be present at a meeting to discuss operational costs.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
REPORTS:
Rezoning – 216 Lynn Street – An application requesting a rezoning from L-1 Industrial to R-3A Residential was received for 216 Lynn Street. This request was submitted after attempts to obtain bank financing for purchasers of the property were denied. The Flushing Master Plan indicates that the future use of this property should be Medium Density Residential.
Motion by Szukhent, seconded by Bade, to move to first reading the rezoning of 216 Lynn Street from L-1 Industrial to R-3A Residential.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Teen Committee Report – Dave Lewicki, a member of the Teen Committee, presented Council with an update of the Teen Committee’s activities. The Teen Committee has requested permission from the City Council to solicit funds for a new LCD movie projector and for movies for the summer of 2004.
Private Road Ordinance – The City Manager prepared a memorandum to the Planning Commission giving justification for two (2) amendments to the Private Road Ordinance. This memorandum was presented to Council for their review. The first amendment was a recommendation to add a provision that delineates the manner in which private roads are to be dealt with in the event that they are not properly maintained, and the second amendment would add a provision to the ordinance which would set up a review process to consider conversion of private roads into the public road system. The conversion would be required to go through a process at the Planning Commission level whereby road right-of-way width issues may be identified, as well as accepting private roads that do not meet the construction standards of Ordinance 152.
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Private Road Ordinance – Motion by Peck, seconded by Bade, to move to first reading amendments to Ordinance No. 154: Section 154.07, Maintenance Standards of Private Roads, and Section 154.08, Private Road Conversions to the Public System, pending the final review and comments of the City Attorney.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Sidewalk Replacement Policy – This issue was moved to the January 26, 2004 City Council agenda.
Phase II Storm Water Regulations - The Michigan Department of Environmental Quality (MDEQ) issued a Certificate of Coverage on November 14, 2003, which authorizes the City of Flushing to discharge storm water into the Flint River. The authorization is part of a “nested jurisdiction” for the lower Flint River watershed. In accordance with this permit, the city is required to submit an Illicit Discharge Elimination Plan, and Public Education Plan, to comply with permit requirements on or before November 1, 2004. The city is required to implement these plans within ninety (90) days after submittal. In addition, an annual progress report is due on that same date.
In accordance with an existing agreement dated May 1, 2001, whereas the office of the County Drain Commission has agreed to provide services necessary to assist county and municipalities in complying with the requirements of the Phase II regulations for our watershed, an amendment extends the contract through May 1, 2008. This amendment, in compliance with the MDEQ Certificate of Coverage, provides services for implementation activities and a public education program. In addition, it provides for a formula of cost sharing, with other municipalities in the watershed, on the basis of equivalent acreage. The estimated annual cost of this contract is between eight and ten thousand ($8,000.00/$10,000.00) dollars for the City of Flushing.
Phase II Storm Water Regulations – Motion by Johnson, seconded by Peck, to table the Genesee County Phase II Regulations Storm Water Management System Contract until a representative of Genesee County Water and Waste Services can attend a Council meeting to address Council’s concerns with the contract.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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APPOINTMENTS:
Committee Appointments - Council Rules determine the order that appointments will be made to certain committees. Committees were selected by Council members on a rotation basis set forth in the rules. The committee appointments will be as follows:
Board of Review (one vacancy) - Janice Gensel
Zoning Board of Appeals (one vacancy) - Michael Szukhent
Teen Committee/Youth Council (three vacancies) - Raymond Peck
Richard Bade
Jay Johnson
Parks, Recreation, Environmental and
Beautification (two vacancies) - John Gault
Teresa Salem
SALT (two vacancies) - Janice Gensel
Teresa Salem
Letters have been received from all committee members with expiring terms. The Clerk/Treasurer will advertise the vacancies and committee appointments will be made at the January 26, 2004 Council meeting.
Closed Session – The Closed Session was moved to the January 26, 2004 meeting.
Adjournment – Motion by Szukhent, seconded by Bade, to adjourn.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 12:01 a.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer