Flushing City Council
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, March 14, 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
Richard Mark
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
Addition to Agenda – Motion by Szukhent, seconded by Bade, to add a presentation by the Prosecutor’s Office.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda – Motion by Szukhent, seconded by Peck, to approve the March 14, 2005 agenda, as amended.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road – addressed City Council.
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PRESENTATIONS:
Mr. John Potbury, a representative from the Genesee County Prosecutor’s office, attended the meeting to seek endorsement from the City Council of a proclamation honoring the Silver Anniversary of National Crime Victims’ Rights Week, April 10th through April 16th.
National Crime Victims’ Rights Week – Motion by Bade, seconded by Gault, to adopt a proclamation proclaiming the week of April 10 to 16, 2005, to be Genesee County’s Crime Victims’ Rights Week.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Consent Agenda - Motion by Szukhent, seconded by Salem, to approve City Council Minutes (February 28, 2005 Regular Meeting) and March 14, 2005 Council Bills List.
Yea: Bade, Mark, Peck, Salem, Szukhent, Gensel
Abstain: Gault
Nay: None
Motion Carried.
COMMUNICATIONS:
A & W Restaurant – 2005 Cruise Night Series – Motion by Szukhent, seconded by Gault, to approve the 2005 Cruise Night Series, subject to the condition that there be no parking between the car wash and Main Street, and no parking in the two hundred block alley.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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REPORTS:
Sale of Spare Breathing Apparatus - Due to the recent Homeland Security Grant for new self-contained breathing apparatus, some of the old model breathing apparatus are available for resale. Of the twenty-four (24) units currently in inventory, we are proposing to keep eleven (11) of these units as backup, and sell thirteen (13) units, complete with face piece and air activated personal alert safety system devices. All of these units are in working condition.
In accordance with Section 36.25(a)(2), property having a value in excess of $1,000.00 may be sold only after approval by the City Council. Said approval specifies the terms of advertisement, competitive bidding, and may include municipal auction services. The City Council may also provide conditions that it deems desirable, including a minimum price and terms of sale.
Administration recommends offering these units for sale through a closed bid process to other governmental units, and/or businesses, by advertising in the Michigan Municipal League and selected fire trade publications. In order to allow proper advertisement times for these units, a date of Wednesday, June 8, 2005 is recommended for bid acceptance.
Sale of Spare Breathing Apparatus – Motion by Szukhent, seconded by Gault, to receive closed bids on Wednesday, June 8, 2005 for purposes of the sale of thirteen (13) self-contained breathing apparatus.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
2005 Street Paving Program – Councilperson Mark stated that he filed the necessary paperwork at least ten days ago disclosing potential appearance of conflict of interest in this matter, and he excused himself from any discussion pertaining to this matter.
Rowe Incorporated submitted a proposal for the Design and Construction Engineering of the 2005 Street Paving Program.
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Administration reviewed city streets, which have not been paved, and prepared a listing of streets that should be included in this year’s paving program. They are:
Wilcox Street (existing gravel) – 520 feet
McKinley Road – North of Coutant – 2,700 feet
Marguerite Street (existing gravel) – 350 feet
Mildred Street (existing gravel) – 900 feet
Oakwood Drive – entire length – 1,350 feet
The fee schedule, as proposed by Rowe Incorporated, provides a cost breakdown for the design phase and construction engineering in the amount of Eighty-Three Thousand, Five Hundred and Ninety-Five ($83,595.00) Dollars. This schedule is based upon an eight week construction time frame. That time frame may vary depending on the contractor’s schedule.
Funds for this project are provided through the capital improvement fund in the amount of approximately Six Hundred Thousand ($600,000.00) Dollars, which includes engineering design and construction.
2005 Street Paving Program – Motion by Szukhent, seconded by Bade, to approve the Design and Construction Engineering proposal in the amount of $83,595.00 for the 2005 Street Paving Program as submitted by Rowe Incorporated.
Yea: Bade, Gault, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
License Renewal Agreement – Huron & Eastern Railway Company - A Renewal Rider, extending an existing License Agreement between the City of Flushing and the Huron & Eastern Railway Company Incorporated, was received. The License Agreement permits the City to maintain a sanitary sewer underneath the railroad property approximately 300’ south of Cole Creek.
This Agreement extends the original agreement, dated September 13, 1971, for an indefinite term beginning October 1, 2004, until terminated by either party. Termination of this Agreement can be exercised, by either party, by giving not less than sixty (60) days advance notice in writing. The License fee is granted for $250.00 per annum.
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This Agreement was modified with the elimination of a portion of the sanitary sewer that was included in the purchase of the railroad property two (2) years ago.
License Renewal Agreement – Huron & Eastern Railway Company – Motion by Gault, seconded by Mark, to renew the License, as provided in the Renewal Rider, with the Huron & Eastern Railway Company, Inc.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
OLD
BUSINESS:
Establishing Enforcement Agency – State Construction Code and Zoning Ordinances - At the September 13, 2004 City Council meeting, an ordinance amendment to the City Code was proposed for consideration, which would authorize the building inspector to assume responsibility for the administration and enforcement of the State Construction Code within the City, and designate the building inspector as the enforcing agent under that Code.
This Amendment would authorize the building inspector to assume the same responsibility for the enforcement and administration of the Blight Prevention Ordinance, the Sign Ordinance, the Fence Ordinance, and the Dangerous Buildings Ordinance.
Upon review of this Ordinance, the City Council requested the Council Committee that is charged with reviewing the contract with Regional Inspection, to review this Ordinance and return with a recommendation to the City Council. That committee has since met twice to review the building inspection contract, as well as the activity that has transpired in the building inspection department since the last contract negotiation review. The committee has recommended that this Ordinance be adopted, and has requested administration to continue its review of the performance of the electrical, mechanical and plumbing inspection that is done in the City of Flushing by the State of Michigan.
As originally recommended by administration, it is anticipated that the adoption of this Ordinance will allow a more timely and effective manner in which the enforcement of our building and blight codes can proceed in connection with the legal proceedings that take place in the District and Circuit Courts.
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State Construction Code and Zoning Ordinances – Motion by Szukhent, seconded by Gault, to move to first reading of the amendment to the City Code, authorizing enforcement of the State Building Code, the Blight Prevention Ordinance, the Sign Ordinance, the Fence Ordinance, and the Dangerous Buildings Ordinance.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
CLOSED
SESSION:
Labor Agreement – Motion by Szukhent, seconded by Gault, that pursuant to the Open Meetings Act Compiled Laws 15.268(c) to go into closed session to consider strategy connected with negotiation of a collective bargaining agreement.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Purchase of Real Property – 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 lease or purchase real property.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 8:19 p.m.
Reconvene: 8:53 p.m.
Labor Agreement – Motion by Szukhent, seconded by Gault, stating that the City Council approves of the direction the City Manager is going in the contract negotiations and that the Council backs that decision one hundred percent.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Adjournment – Motion by Szukhent, seconded by Peck, to adjourn.
Yea: Bade, Gault, Mark, Peck, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 8:57 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer