Flushing City Council
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, January 24, 2005, 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
Agenda Changes – Motion by Johnson, seconded by Gault, to move item C1 – Rezoning – 423 Emily Street, to F1 and delete item C7 – Final Plat – Cole Creek Meadows from the agenda, and to advance Council Comments to after Meeting Open to the Public.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda – Motion by Szukhent, seconded by Bade, to approve the January 24, 2005 agenda, as amended.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
The following individuals addressed City Council:
Jane Forbes John Glaeser Shirley Gauthier
608 Hut West Glaeser Dawes 513
Chamberlain
Elva Cook
1459 Flushing Rd.
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Resignation – Motion by Szukhent, seconded by Gault, to accept, with regrets, the resignation of Councilperson Jay Johnson from the Flushing City Council, effective at the end of the meeting.
Yea: Bade, Gault, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
CONSENT AGENDA – Motion by Szukhent, seconded by Salem, to approve City Council Minutes (December 13, 2004 Regular Meeting), City Council Minutes (December 13, 2004 Closed Meeting), January 10, 2005 Council Bills List and January 24, 2005 Council Bills List.
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Abstain: Gault
Nay: None
Motion Carried.
CONSENT AGENDA – Motion by Szukhent, seconded by Bade, to approve City Council Minutes (January 17, 2005 Special Meeting) and City Council Minutes (January 17, 2005 Closed Meeting).
Yea: Bade, Johnson, Peck, Salem, Szukhent, Gensel
Abstain: Gault
Nay: None
Motion Carried.
COMMUNICATIONS:
American Cancer Society – Motion by Szukhent, seconded by Gault, to approve the American Cancer Society’s request to use Riverview Park for the 5th annual Flushing Relay for Life event on June 17 and 18, 2005.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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REPORTS:
City Hall/Police Station Construction – Motion by Gault, seconded by Szukhent, to adopt the following resolution:
TERMINATION OF CONSTRUCTION CONTRACT
FOR FLUSHING CITY HALL AND POLICE STATION
In accordance with Section 4.2 of the Charter of the City of Flushing, Genesee County, Michigan, the following Resolution to terminate the Construction Contract between Direct Building Development, LLC and the City of Flushing, was introduced at the meeting of the Council on January 24, 2005:
WHEREAS, the City of Flushing entered into a Construction Contract with Direct Building Development, LLC, signed on November 13, 2003, for the construction of the Flushing City Hall and Police Station; and
WHEREAS, the City, as part of the Construction Contract, required a Performance and a Payment Bond of the contractor, to assure completion of the Contract and to save the City harmless from any damages as a result of the default by the contractor in the performance of the Contract; and
WHEREAS, the City has learned that the contractor has removed his offices from the site, has vacated his offices located in Farmington Hills, Michigan, has withdrawn employees from the construction site and has refused or failed to communicate with the City of Flushing to complete the Contract; and
WHEREAS, it appears that the architectural firm of THA has certified that cause exists for the termination of the Contract; and
WHEREAS, the Bond Company, The Hanover Insurance Company, has been placed on notice of the City’s consideration to terminate the Contract; and
WHEREAS, it appears that there is no other alternative but to terminate the Contract with Direct Building Development, LLC and to complete the construction project through the Bond Company, The Hanover Insurance Company, pursuant to the terms of its Performance Bond.
NOW, THEREFORE, BE IT RESOLVED that the City of Flushing hereby declares that the Construction Contract is in default by the Contractor, Direct Building Development, LLC and further determines that the Contract ought to be terminated.
BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be authorized to give appropriate Notice of Termination to the Contractor in accordance with the Contract and in accordance with the Performance Bond.
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BE IT FURTHER RESOLVED, that the City Manager is given authority to act on behalf of the City to secure the completion of the Contract under the terms of the Construction Contract and the Performance Bond issued through The Hanover Insurance Company.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Property Survey – Seymour Road Property – Motion by Johnson, seconded by Peck, to approve the appointment of Councilpersons Szukhent, Gault, and Salem to a committee to provide direction to the Mayor and the full City Council in determining the disposition and/or maintenance of the parcels purchased by the City on Seymour Road (former Lenderman property).
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Community Clock – Motion by Johnson, seconded by Salem, to approve the appointment of Councilpersons Szukhent, Bade, and Peck to a committee to prepare a recommendation, or alternatives, to the Flushing City Council in regard to the establishment of a community clock to be located at the corner of Main and Maple Streets.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Michigan Municipal League Legislative Conference – Motion by Johnson, seconded by Szukhent, to approve the expenses in connection with the attendance at the MML Legislative Conference on March 23, 2005 of Mayor Gensel, Councilperson Bade and two students.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Michigan Department of Transportation (MDOT) – West Pierson Road Contract – Motion by Johnson, seconded by Szukhent, to approve the contract with the Michigan Department of Transportation (MDOT) for Contract No. 05-5000, and to approve the resolution authorizing the Mayor and City Clerk/Treasurer to sign the contract on behalf of the City.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ITEMS
FOR FUTURE PUBLIC HEARINGS:
Flushing Area Recreation Master Plan – Motion by Szukhent, seconded by Salem, to set a public hearing on the Flushing Area Recreation Master Plan for February 14, 2005 at 7:30 p.m. at Flushing City Hall, 309 E. Main Street, Flushing, Michigan.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ORDINANCES:
Rezoning – 423 Emily Street – Motion by Peck, seconded by Gault, to move a first reading for the rezoning of 423 Emily Street from an I-1 Industrial zoning to a B-1 Local Business District zoning.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
APPOINTMENTS:
Committee
Appointments:
Planning Commission – Motion by Szukhent, seconded by Gault, to approve the Mayor’s appointments of C. Neil Blackmore, Ronald Johnson, and Jack N. Owens to the Planning Commission.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Board of Review – Motion by Salem, seconded by Johnson, to confirm Councilperson Salem’s appointment of William O’Connor to the Board of Review.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Zoning Board of Appeals – Motion by Gault, seconded by Szukhent, to confirm the appointment of David Martus by Councilperson Bade, and Patrick O’Callaghan by Councilperson Johnson, to the Zoning Board of Appeals.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Parks and Recreation Committee – Motion by Gault, seconded by Szukhent, to confirm the appointment of Karen Gonzalez by Mayor Gensel, Larry Higgins by Councilperson Peck, and Patrick Conner by Councilperson Gault, to the Parks and Recreation Committee.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
SALT – Motion by Johnson, seconded by Gault, to confirm the appointment of Opal Kirbitz by Mayor Gensel, and Joan Wheeler by Councilperson Szukhent, to SALT.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Genesee County Water and Waste Services Advisory Committee – Motion by Gault, seconded by Salem, to reaffirm, by resolution, the reappointment of City Manager Dennis Bow as the city’s representative, and DPW Director Bryan Sutton as alternate, on the Genesee County Water and Waste Services Advisory Board.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Adjournment – Motion by Johnson, seconded by Szukhent, to adjourn.
Yea: Bade, Gault, Johnson, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 8:49 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer