Flushing City Council
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, October 10, 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
George G. Kozan
Richard S. Mark
Teresa K. Salem
Michael T. Szukhent
Absent: None
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Mark Newman, City Attorney
Approval of Agenda Motion by Szukhent, seconded by Gault, to approve the October 10, 2005 agenda.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING OPEN TO THE PUBLIC:
The following individuals addressed City Council:
PRESENTATIONS:
The Mayor presented Mr. Chris Wenzlick with a plaque in appreciation for his donation of property for Phase I of the trailway.
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Minutes
Page Two
CONSENT AGENDA Motion by Szukhent, seconded by Gault, to approve City Council Minutes (September 26, 2005 Regular Meeting) and October 10, 2005 Council Bills List.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
PUBLIC HEARINGS:
Water Rates - In accordance with the City of Flushing Water Ordinance Section 53.60, Water charges, water charges shall be set by Resolution of the Flushing City Council after a public hearing has been concluded. Accordingly, in July 2005, city administration was notified of a pending water rate increase that will become effective as of October 1, 2005. That notice indicated that the City of Detroit would be raising rates through the City of Flint contract and through the Genesee County contract in the amount of three point two (3.2%) percent. This increase is a direct pass-through of those charges.
In May 2000, the City of Flushing modified its user charge system for water rates by breaking down the fixed costs of our system and the variable costs associated with water purchases. The fixed costs of $22.50 per quarter are not proposed to be adjusted. The variable cost increase that is being charged by the City of Detroit, the City of Flint and Genesee County, cannot be absorbed by the citys current rate structure. The rate structure for variable charges was set at $3.04 per thousand gallons in June of 2003. That charge will need to be adjusted, as the result of that 3.2% increase, from $3.04 to $3.14 per thousand gallons.
No other changes to the Resolution adopted in June of 2003 are proposed to be changed. No allowance for capital improvements or re-payment of the debt owed to the sewer fund is included in this rate.
The Mayor opened the public hearing to the audience.
Elva Cook, 1459 Flushing Road objected to the increase in water rates.
The Mayor closed the public hearing to the public.
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Water Rates Motion by Szukhent, seconded by Gault, to adopt a resolution establishing water rates No. 05-1010 to modify the water usage charge of $3.04 per thousand gallons to $3.14 per thousand gallons.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
REPORTS:
Intergovernmental Agreement Live Scan Fingerprint Machine Motion by Bade, seconded by Salem, to approve an intergovernmental agreement between the City of Flushing and Flushing Township allowing for the joint purchase of a Live Scan Fingerprint Machine for a cost not to exceed $8,334.00.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
BID/AWARD
PURCHASES:
Main Street Clock Landscaping Motion by Bade, seconded by Kozan, to award the clock tower landscaping to DN West Enterprises, Ltd., of Flint, Michigan, in an amount not to exceed $104,896.00.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Barn Demolition Motion by Szukhent, seconded by Gault, to award the demolition and removal of the barn and two (2) silos bid to Tri County Services, Byron, Michigan, in an amount not to exceed $9,700.00.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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ORDINANCES:
Park Ordinance Amendment Motion by Bade, seconded by Salem, to approve a first reading of an amendment to Chapter 67 of the City Code of Ordinances to allow for regulation of certain uses of the newly created Flushing Riverview Trail, and making any violation a civil infraction enforceable by the police department.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Zoning Revisions Central Business District/R-3A Overlay Revisions to Zoning Ordinance No. 153 were presented for first reading at the September 26, 2005 City Council meeting. The first reading approved the following amendments:
1. Extending the CBD Zoning designation west to the railroad tracks, along Main Street, and allowing single family and two family homes to be included as a use that is permitted as a matter of right in the CBD district.
2. Creating an Overlay Zone along Lynn Street, which will change the zoning to R-3A-O and allow industrial uses to remain as long as their use is not changed.
The Ordinance was presented for second reading and adoption of these amendments, in addition to a change in the zoning map to extend the R-3A zoning on Emily Street to include lot 7 next to the vacated Vendor Drive.
Zoning Revisions Central Business District/R-3A Overlay Motion by Bade, seconded by Gault, to move to second reading and adoption, amendments to Flushing Zoning Ordinance No. 153 and zoning map.
Yea: Bade, Gault, Kozan, Mark, Salem, Gensel
Abstain: Szukhent
Nay: None
Motion Carried.
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Closed
Session:
Pending Lawsuit Archie H. Bailey vs. City of Flushing, et al Motion by Szukhent, seconded by Kozan, that pursuant to the Open Meetings Act, to go into closed session to consult with our attorney regarding trial or settlement strategy in connection with the case of Archie H. Bailey vs. City of Flushing, as an open meeting would have a detrimental financial effect on the litigating or settlement position of the City.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 8:38 p.m.
Reconvene: 9:00 p.m.
Adjournment Motion by Szukhent, seconded by Gault, to adjourn.
Yea: Bade, Gault, Kozan, Mark, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:01 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer