Flushing City Council

Minutes

July 14, 2008

A Regular Meeting of the Flushing City Council was called to order on Monday, July 14, 2008 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

Mark F. Brock

Janice L. Gensel

George G. Kozan

Teresa K. Salem

Michael T. Szukhent

Absent: John C. Gault

Others Present: Nancy G. Parks, City Clerk/Treasurer

Edward G. Henneke, City Attorney

Excused Absence – Motion by Szukhent, seconded by Bade, to excuse the absence of Councilperson Gault.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Approval of Agenda - Motion by Szukhent, seconded by Bade, to approve the July 14, 2008 agenda.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

MEETING OPEN TO THE PUBLIC:

The following individuals addressed City Council:

David Lucas Shirley Gauthier Elva Cook

420 Luce 503 Chamberlain 1459 Flushing Road

Consent Agenda - Motion by Szukhent, seconded by Salem, to approve City Council Minutes (June 9, 2008 Regular Meeting), City Council Minutes (June 9, 2008 Closed Session), City Council Minutes (June 25, 2008 Special Meeting), and July 14, 2008 Council Bills List.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Flushing City Council

Minutes

July 14, 2008

Page Two

REPORTS:

Water System Revenue Bonds – Bond Counsel - Motion by Bade, seconded by Szukhent, to hire Mr. Paul Wyzgoski, of Dickinson Wright, PLLC, to represent the City of Flushing in the issuance of Water System Revenue Bonds, Series 2008 in the amount of $13,800.00.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Official Intent to Issue Bonds – Motion by Kozan, seconded by Salem, to approve Resolution No. 08-0714, a Resolution declaring official intent to reimburse project expenditures with bond proceeds, and authorizing publication of Notice of Intent to Issue Bonds.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

ORDINANCES:

Amendment to Section 99.72(c) and 99.78(h) – Streets and Sidewalks – Motion by Szukhent, seconded by Bade, to move to first reading amendments to Section 99.72(c) and 99.78(h), referencing the Flushing Zoning Ordinance.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Amendment to Section 134.02 – Dealing with Resisting Arrest – Motion by Szukhent, seconded by Bade, to approve a first reading of Ordinance 134, Section 134.02, to create new sub-sections (b) and (c), and adding sub-section (3)(a), an ordinance dealing with resisting arrest.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Flushing City Council

Minutes

July 14, 2008

Page Three

Repealing and Enacting a New Ordinance Dealing with the Regulation of Animals- Motion by Bade, seconded by Salem, to move to first reading the repeal of existing Chapter 90, and the enactment of a new Chapter 90 of the Flushing Code of Ordinances, to regulate persons with animals, the treatment of animals, the control of animals, and their impoundment.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Personal Property Deposited on Lawns and Right-of-Way – Motion by Szukhent, seconded by Bade, to approve a first reading of an amendment to Ordinance 50, adding Chapter 50a to control the placement of personal property in lawns and rights-of-way, as a result of real estate foreclosure, evictions, or a declaration of nuisance.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Noxious Weeds – Motion by Kozan, seconded by Bade, to move to first reading modifications to Section 96.03(a) and the relating notice in 96.04, changing the grass and/or weed height to a maximum of nine (9”) inches, as follows:

Sec. 96.03. Duty to cut, destroy, or remove noxious weeds, grass or refuse.

(a) It shall be the duty of every person who owns any land within the corporate limits of the City to cut, destroy, or remove from the land all noxious or poisonous weeds or grass exceeding a height of 12 9 inches growing thereon, dead grass and brush thereon, or any refuse or debris standing or lying thereon to prevent such weeds from going to seed or to blossom, as the case may be, to prevent such dead grass and brush from becoming a fire hazard, and to prevent the refuse or debris from interfering with attempts to respond to a threat to the public health or welfare or the enforcement of the provisions of this subchapter.

Closed Session:

Purchase of Real Estate – Motion by Szukhent, seconded by Bade, 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, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Flushing City Council

Minutes

July 14, 2008

Page Four

Adjourn: 8:02 p.m.

Reconvene: 8:17 p.m.

Purchase of Real Estate – Motion by Szukhent, seconded by Salem, to direct administration to proceed in the purchase of tax-foreclosed property.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Adjournment - Motion by Szukhent, seconded by Salem, to adjourn.

Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Adjourn: 8:19 p.m.

_____________________________ ______________________________

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