Flushing City Council

Minutes

January 26, 2004

 

 

A Regular Meeting of the Flushing City Council was called to order on Monday, January 26, 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

                                                John C. Gault

                                                Janice L. Gensel

                                                Jay E. Johnson

                                                Raymond Peck

                                                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

 

Approval of Agenda – Motion by Szukhent, seconded by Bade, to approve the January 26, 2004 agenda with the deletion of item C2 – Phase II Storm Water Regulations.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

MEETING OPEN TO THE PUBLIC:

 

Several members of the audience addressed City Council relative to the DARE officer.

 

CONSENT AGENDA – Motion by Szukhent, seconded by Salem, to approve City Council Minutes (January 12, 2004 Regular Meeting) and January 26, 2004 Council Bills List.

 

            Yea:            Bade, Johnson, Peck, Salem, Szukhent, Gensel

            Abstain:            Gault

            Nay:            None

            Motion Carried.

 

 

 

 

 

 

 

 

 

 

Flushing City Council

Minutes

January 26, 2004

 

Page Two

 

 

REPORTS:

 

DARE Report – The City Manager provided a response to the wishes of the students and the parents that took the time to approach the city with their concerns regarding the Flushing DARE program, and offered a proposal for the City Council to consider.

 

Residents are asking to place Officer Eddie Dolgan back into the school on a full-time basis, with a program that was not requested from school administration.  The City Manager made several recommendations that would allow Officer Dolgan to continue his full-time program while recognizing the short and long-term issues that need to be resolved in order for this to happen.  The recommendations were split into two sections, dealing with the period between now and the end of the school year, and providing funding for a permanent solution to this issue.

 

      Short-Term Solution  – Officer Dolgan will be instructed/asked to complete the following for the remainder of the school year:

 

1.)               The DARE follow-up program will be completed as originally scheduled.  This will place Eddie back in the school, once a revised schedule is submitted to his department head and school administrators for approval. 

2.)               He will attend the sixth grade camp program, as has been done over the past several years.

3.)               He will program and attend the annual bowling program that has been used successfully for the past several years.

4.)               He will honor any commitment previously made to assist with school dances, including the Mock Rock program.

 

Long-Term Solution –

 

The City of Flushing has provided 100% of the support for the DARE program for over fourteen years.  Without the help of the four townships within our school district, the City Council has supported DARE through the police department budget, as well as providing administrative help and office space.  The annual cost of this program currently exceeds One Hundred Thousand ($100,000.00) Dollars per year.  Two things need to take place in order to continue with this program:

 

 

 

 

 

 

 

Flushing City Council

Minutes

January 26, 2004

 

Page Three

 

 

1)                 The City of Flushing can continue to support this program, but will need to replace the funding sources necessary to do this.  To this end, we would like to request that the four townships within our school district assist us with this effort.  Lacking that assistance, the City Council is requested to continue funding the DARE program through a proposed one-half mil increase in property taxes that would be placed upon the August ballot.  That one-half mil may be reduced in the event that the other governmental units provide support to this program. 

2)                 A formal agreement needs to be maintained between the city, the school district, as well as any other governmental unit providing financial support for this program, in order to avoid any future misunderstandings pertaining to the manner in which this program will continue.  Among other things, the agreement should include a schedule, which provides for both school and city administrative approvals defining both a daily schedule for the programs offered in the schools, as well as the manner in which the program is supervised and evaluated.

 

The City Manager then recommended a resolution, which provides for up to one-half mil to be placed on the August ballot for the Flushing City Council to consider. 

 

DARE Report – Motion by Szukhent, seconded by Peck, to table Resolution No. 04-0126, a resolution requesting the Flushing City residents to consider a one-half mil dedicated to support the DARE program and liaison officer in the public schools.

 

            Yea:            Peck, Salem, Szukhent, Gensel

            Nay:            Bade, Gault, Johnson

            Motion Carried.

 

            The City Council directed the City Manager to contact all municipalities in the school district to ascertain if they would be willing to contribute to a DARE program.

 

Cole Creek Meadows Subdivision – Motion by Johnson, seconded by Gault, to approve the tentative preliminary plat for Cole Creek Meadows Subdivision as submitted and dated January 22, 2004.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

 

 

 

Flushing City Council

Minutes

January 26, 2004

 

Page Four

 

 

Parking Lot Lease – Motion by Gault, seconded by Bade, to approve a forty year, $400.00 per year, parking lot lease between the Community Hope Church of God and the City of Flushing for the parking lot located at 123 N. Beech Street.

 

            Yea:            Bade, Gault, Johnson, Peck, Gensel

            Nay:            Salem, Szukhent

            Motion Carried.

 

2004 Michigan Municipal League – Motion by Gault, seconded by Szukhent, to approve funds necessary for the attendance of Mayor Gensel and Councilpersons Peck, Salem, Johnson and Bade to the 2004 MML Legislative Conference.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Sidewalk Replacement Policy – Motion by Szukhent, seconded by Bade, to accept the Planning Commission’s recommendation to adopt a policy to establish a plan to complete the city sidewalk system and provide an ongoing Inspection/Replacement Policy and maintenance program.  The policies proposed are:

 

1.         The City of Flushing hereby establishes an annual sidewalk construction program that will be used to construct new sidewalk sections with the following priorities:

 

            a.         To construct sidewalk sections in areas of the city where the construction of a sidewalk under 300’ in length will fill-in missing sections in a neighborhood sidewalk system.

 

            b.         The attached “Exhibit A” delineates school walking routes that need to be completed in order to provide a sidewalk on at least one side of every road that is used as a school route.

 

                        c.         The attached “Exhibit B” delineates other areas of the city where sidewalks need to be constructed in order to provide Flushing citizens a network that will identify Flushing city as a walkable community.

 

2.         The City of Flushing hereby adopts the attached “Exhibit C”, Sidewalk Inspection/Replacement Policy, and will conduct an annual inspection using the described criteria as a guideline for sidewalk repairs/replacement.  The sidewalk repair/replacement program is designed to repair short sections of sidewalk (generally less than 20 feet in length), and longer sections, generally the length of an entire street section. 

Flushing City Council

Minutes

January 26, 2004

 

Page Five

 

 

3.         Financing of new sidewalks and repairs and replacements of existing sidewalks will be accomplished through the use of a dedicated sidewalk millage.  That millage (amount to be established) will be replacing a portion of the existing street millage as the need for the street paving project is concluded.  For example, in the year 2004, a millage of 1/10th of a percent would be levied replacing 1/10th of a percent of the existing road paving millage.  In 2005, that amount would increase to 1/5th of a percent and continue until all sidewalks are constructed, repaired, and replaced to the satisfaction of the City Council.  Thereafter, the millage for sidewalk construction and replacement will reduce to an amount sufficient to maintain a safe and functional sidewalk system. 

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

ORDINANCES:

 

Rezoning – 216 Lynn Street – Motion by Peck, seconded by Salem, to move to second reading and adoption of the amendment to Ordinance No. 153, Zoning Code Ordinance of the City of Flushing, to re-zone 216 Lynn Street from an L-1, Industrial Zoning designation, to an R-3A, Residential Zoning designation.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Private Road Ordinance – Motion by Szukhent, seconded by Gault, to move to second reading and adoption an amendment to Ordinance 154, Section 154.07, Private Road Conversions to the Public System.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Youth Council – Motion by Bade, seconded by Salem, to move to first reading an amendment to Ordinance Section 97.75 – Committee Ordinance, to add a Youth Council and eliminate the Teen Committee.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

 

 

Flushing City Council

Minutes

January 26, 2004

 

Page Six

 

 

APPOINTMENTS:

 

Committee Appointments – Motion by Szukhent, seconded by Gault, to confirm the following appointments:

                                                           

                                                                           Appointees                  Appointment By

 

Planning Commission                           George Kozan              Janice Gensel

                                                                        Daniel Borgerding

 

            Board of Review                                 Yvonne Beaudrie            Janice Gensel

                                                           

Zoning Board of Appeals                        George Kozan              Michael Szukhent

 

Parks, Recreation, Environmental            Steve Hendershot            Teresa Salem

and Beautification Committee            David Lewicki                        John Gault

 

SALT                                                   Robert Matsko                        Teresa Salem

                                                            Marlene Betsinger            Janice Gensel

 

The Teen Committee members will maintain their appointments until the Youth Council is established.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Executive Session – Motion by Szukhent, seconded by Bade, that pursuant to the Open Meetings Act, the Council go into Closed Session to consult with the attorney regarding trial strategy or settlement in connection with the following cases:  Warda vs. City of Flushing, and Gauthier, Lambertson and Jagger vs. City of Flushing, as an open meeting would have a detrimental financial effect on the litigation or settlement position of the City.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Adjourn:                      9:37 p.m.

 

Reconvene:                10:09 p.m.

 

 

 

 

Flushing City Council

Minutes

January 26, 2004

 

Page Seven

 

 

Warda vs. City of Flushing – Motion by Szukhent, seconded by Bade, to authorize the City Attorney to file application for leave to appeal to the Michigan Supreme Court in the case of Warda vs. City of Flushing.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Adjourn – Motion by Szukhent, seconded by Johnson, to adjourn.

 

            Yea:            Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel

            Nay:            None

            Motion Carried.

 

Adjourn:                      10:10 p.m.

 

 

 

_____________________________                         ______________________________

Janice L. Gensel, Mayor                                     Nancy G. Parks, City Clerk/Treasurer