Minutes
August 20, 2007
A Regular Meeting of the Flushing City Council was called to order on Monday, August 20, 2007 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
Paul W. Gentine
George G. Kozan
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
Yea: Bade,
Gault, Gentine, Kozan,
Nay: None
Motion Carried.
PRESENTATIONS:
Ms. Melissa Killingbeck presented the City with educational signs for Riverview Trail created by fifth graders.
MEETING
OPEN TO THE PUBLIC:
The following individuals addressed City Council:
Shirley
Gauthier Ron Johnson Ann Fotenakes
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August 20, 2007
Page Two
Consent Agenda - Motion by Szukhent, seconded by Gault, to approve City Council Minutes (July 16, 2007 Regular Meeting) and August 20, 2007 Council Bills List.
Yea: Bade, Gault, Gentine, Kozan, Szukhent, Gensel
Abstain:
Nay: None
Motion Carried.
COMMUNICATIONS:
Moms Who Care – Motion by Gentine, seconded by Gault, to approve the Moms Who Care request to conduct the Lipstick Brigade’s Safe Senior Celebration collection on September 21 and 22, 2007.
Yea: Bade,
Gault, Gentine, Kozan,
Nay: None
Motion Carried.
Yea: Bade,
Gault, Gentine, Kozan,
Nay: None
Motion Carried.
Yea: Bade,
Gault, Gentine, Kozan,
Nay: None
Motion Carried.
Yea: Bade,
Gault, Gentine, Kozan,
Nay: None
Motion Carried.
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August 20, 2007
Page Three
REPORTS:
Michigan Municipal League Convention – Motion by Bade, seconded by Gentine, to approve Mayor Gensel’s attendance at the Michigan Municipal League Convention in Traverse City, Michigan, September 18-20, 2007.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Capital Improvement Committee – The Capital Improvement Committee reported that efforts to renovate the former City Hall located at 309 E. Main Street have been in negotiation with Flushing Township for well over a year. Although committee meetings throughout this period provided a framework to rehabilitate this facility jointly with Flushing Township through a joint millage, those efforts have been terminated through a vote of the Township Board, wherein they decided not to place this question on the Township’s ballot. If the City is to proceed with a renovation effort for this building, we will need to attempt this effort without other municipal partners.
The committee stated that, through the facility’s evaluation study, it knows that in order to properly renovate this building a significant portion of the foundation will need to be completely replaced, as the current foundation is leaking and thus creates damp conditions wherein a significant mold problem has developed over the years. In addition, the building’s utilities and exterior porches and columns need to be reconstructed in compliance with current codes of the State of Michigan. The original cost to rehabilitate this building, demolish the police structure at 323 E. Main Street, and create a new parking lot, was estimated to be in the range of 1.2 – 1.4 million. That range included a contingency of just over $200,000.00.
Assuming three (3%) percent inflation in construction costs, renovation of this facility would be 1.675 million. Together with the construction costs and funding for continued maintenance, a new millage of .7 mils would need to be levied to cover these expenditures. This assumes a twenty-year note payment at the current lending rate.
The Capital Improvements Committee recognizes that, although this City priority has been included as part of our Master Plan “for well over a decade,” the timing of financing this renovation may be difficult, as the current economy in Michigan is struggling. However, the economic conditions may also provide a very competitive bid and allow for the temporary creation of new jobs.
Flushing City Council
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August 20, 2007
Page Four
The City has the tax capacity to levy this additional millage through a vote of the City Council. As we have worked through and proceeded to renovate this building, we understand that the issue of moving the library to this facility, or building a new library, is a decision that is best made by the residents of the City. As such, the committee recommended that the City Council place this millage issue on the November ballot for consideration by our residents.
In the event that the millage is approved, efforts can be made by administration and the City Council to reduce the amount that would be levied in the event that grants become available.
If the millage is not successful, a new effort may proceed, along with Flushing Township, to construct a new facility at another location.
Capital Improvement Millage – Motion by Bade, seconded by Gentine, to place this millage issue (.7 mils to renovate 309 E. Main Street) on the November ballot for consideration of residents.
Yea: Bade, Gault, Gentine, Kozan, Salem, Gensel
Nay: Szukhent
Motion Carried.
City Manager – Request for Evaluation – Motion by Gentine, seconded by Gault, to approve the Mayor’s appointment of Councilpersons Szukhent and Salem and herself to a City Manager evaluation committee.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing Senior Center Lease – Motion by Szukhent, seconded by Gault, to approve a lease between the City of Flushing and the Flushing Area Senior Citizens, Inc.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Provisions of the Lease allow for use of the Center for lawful purposes, and the term of the Lease is anticipated to be annual, with an ending date, each year, of June 30th, in accordance with the City’s fiscal year. The value of the Lease has been defined based upon percentage of ownership, square feet, and a rental cost per square foot.
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August 20, 2007
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The Lessee will be responsible to maintain insurance coverage, as well as pay for utilities and maintenance. Any assignment or subletting will require written consent of the City. Any rental payments will be escrowed to provide funds for a new Senior Citizens Center.
A plot plan depicting the area to be included in the Lease fronts on Elm Street and is sixty-six (66’) feet wide by one hundred ninety-eight (198’) feet deep. In addition, the Senior Annex, as attached to the Library, is included in the Lease at sixty (60%) percent of the rental value. The other forty (40%) percent being owned by Flushing Township.
Riverview Trail Park Dedication - In order to formally recognize the Flushing Area Trail System that has been developed, and is being developed, an official dedication as “park land” is recommended in order to provide a basis for inclusion into the County Trail System. Once dedicated, future extensions of the trail, as they are acquired through anticipated grant applications, can be added to the intended trail route.
Portions of the trail that are to be included in this dedication are as follows:
- that portion of the existing trail segment, as depicted on the attached Riverview Trail map, starting at a point from the Main Street bridge on the west side of the Flint River, and continuing along the west and south side of the Flint River .97 miles to the Flint River bridge, which lies north of the existing Flushing Wastewater Treatment Plant and connects to Flushing County Park;
- also including the area purchased from Central Michigan Railroad dated March 28, 2003, including a combined total of 3.7 acres, more or less, as described in the attached legal description;
- land, which was acquired from M & N Humanities, as described in the attached legal description;
- the north 100’ of the northeast ¼ of the northeast ¼ of the northwest ¼ lying easterly of the east top of bank of Cole Creek, Section 34, Township 8 North, Range 5 East, Flushing City, Genesee County, Michigan. Also, a 30 foot easement, 15 feet parallel to and on either side of the following described centerline: beginning at a point on the centerline of said easement which is N89º42’20”W, along the north line of said Section 34, 159.51 feet from the north ¼ corner of said Section 34; thence along the centerline of said easement, S04º34’41”W, 122.05 feet; thence S17º34’49”W, 144.01 feet; thence S40º17’55”W, 109.44 feet; thence S20º37’51”W, 121.21 feet; thence S45º45’54”W, 18.14 feet to the south line of property, as described on the attached depiction;
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August 20, 2007
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- finally, a 30 foot easement, 15 feet parallel to and on either side of the following described centerline: beginning at a point on the centerline of said easement which is N89º42’20”W, along the north line of said Section 34, 159.51 feet and S04º34’41”W, 122.05 feet and S17º34’49”W, 144.01 feet and S40º17’55”W, 109.44 feet and S20º37’51”W, 121.21 feet and S45º45’54”W, 18.14 feet from the north ¼ corner of Section 34, T8N-R5E; thence along the centerline of said easement, S45º45’54”W, 61.78 feet; thence S10º39’38”W, 91.67 feet; thence S00º27’03”W, 119.13 feet; thence S11º29’10”E, 73.14 feet; thence S01º50’06”W, 105.16 feet; thence S12º31’22”E, 60.65 feet; thence S27º44’03”E, 212.15 feet; thence S12º12’14”W, 34.67 feet to a point called “A”; thence S22º43’05”E, 256.91 feet; thence S44º53’33”E, 47.37 feet; thence S67º27’21”E, 35.99 feet to a point of terminus of said centerline, said point also being on the northerly right of way of the Central Michigan Railway. Also a 30 foot easement adjacent and parallel to said northerly right of way of the Central Michigan Railway lying northeast of point of terminus. Also a 30 foot easement, 15 feet parallel to and on either side of the following described centerline: beginning at said point “A”, thence S70º25’13”E, 52.54 feet; thence N88º27’13”E, 60.14 feet; thence N56º47’52”E, 56.32 feet; thence N68º31’19”E, 50.27 feet; thence due east, 49.13 feet to a point of terminus of said centerline, said point also being on the westerly right of way of Seymour Road. Also a 30 foot easement adjacent to and parallel to said westerly right of way of Seymour Road lying southerly of said point of terminus, as described on the attached depiction.
As these easements are officially dedicated into the City’s parks system, administration will be attempting to secure additional easements that will provide a link through properties originally identified in the City’s trail system map, which provide links through Somerset Park south of the Aberdeen Condominium complex, and extending along Cole Creek and ending at Seymour School yard.
Riverview Trail Park Dedication – Motion by Bade, seconded by Salem, to recognize the above described easements and designate all those areas as park property in accordance with the provisions of the Flushing City Charter.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
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August 20, 2007
Page Seven
BID/AWARD
PURCHASES:
Tire Changer – Motion by Gault, seconded by Gentine, to award the bid for a tire changer to Myers Tire Supply, Livonia, Michigan, in an amount not to exceed $7,743.11.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Pick-Up Truck – Motion by Gault, seconded by Gentine, to award the bid for a ¾ ton pickup truck with snowplow to Applegate Chevrolet, Flint, Michigan, in an amount not to exceed $25,629.00.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ORDINANCES:
Sign Ordinance Amendment – Motion by Szukhent, seconded by Gault, to approve a first reading to amend Flushing City Ordinance No. 156, Section 156.05.4(1), inserting the following language as the second sentence:
“In the case of an institutional use located on a corner lot, up to two (2) signs may be permitted, one (1) facing each street, provided both are wall signs and the combined area of both signs does not exceed thirty-two (32) square feet in area.”
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Chapter 99 Ordinance Amendment – Motion by Gentine, seconded by Salem, to approve a first reading of an amendment to Chapter 99 of the Flushing City Code of Ordinances.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Changes have recently been made regulating installation of certain utilities, cable and transmission devices in the public right-of-way, amendments to Chapter 99 of the City Code of Ordinances were recommended in order to continue the City’s ability to place restrictions in the manner in which improvements are made in the city’s rights-of-way.
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August 20, 2007
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This amendment adds a definition to the ordinance defining utility transmission items. Using that definition, an application will be required to be made to the Department of Public Works for installation or replacement of these types of items in the city’s rights-of-way.
Included, as part of the process, are detailed plans and specifications, which will allow administration to avoid the placement of poles, or other fixtures, where they may interfere with other utilities.
The ordinance also regulates a type of utility cabinet that has recently been constructed in other cities, which create an attractive nuisance for children, drivers’ views, and unsightly or noisy devices.
The permit that may be issued will allow administration to enforce a period of time that the right-of-way is open to construction, and the manner by which repairs are completed.
Code Enforcement – Motion by Szukhent, seconded by Bade, to move to first reading amendments to Flushing City Ordinance; Sections 11:01; 93:07; 94:40; 100.2; 115.09; 153.1301A(8) and 156.17(a)(4).
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
APPOINTMENTS:
Flushing Area Senior Citizens Center – Board Appointment – Motion by Szukhent, seconded by Gault, to confirm Councilperson Salem’s appointment of James Kent to the Flushing Area Senior Citizens Center Board.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
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August 20, 2007
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Closed Session:
Labor Negotiations – Motion by Szukhent, seconded by Bade, that pursuant to the Open Meetings Act compiled laws 15.268(c), to go into closed session to consider strategy connected with negotiations of a collective bargaining agreement.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Purchase of Real Estate – Motion by Szukhent, seconded by Kozan, 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 or the option to purchase or lease real property.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:03 p.m.
Reconvene: 9:27 p.m.
Adjournment - Motion by Szukhent, seconded by Bade, to adjourn.
Yea: Bade, Gault, Gentine, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:28 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer