Flushing City Council

Minutes

August 11, 2008

A Regular Meeting of the Flushing City Council was called to order on Monday, August 11, 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

John C. Gault

Janice L. Gensel

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 Bade, to approve the August 11, 2008 agenda.

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

Nay: None

Motion Carried.

MEETING OPEN TO THE PUBLIC:

Elva Cook, 1459 Flushing Road, addressed City Council.

Consent Agenda - Motion by Gault, seconded by Salem, to approve City Council Minutes (July 14, 2008 Regular Meeting), City Council Minutes (August 6, 2008 Special Meeting), and August 11, 2008 Council Bills List.

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

Nay: None

Motion Carried.

COMMUNICATIONS:

Moms Who Care – Request to Conduct the Lipstick Brigade’s Safe Senior Celebration Collection (September 19 and 20, 2008) – Motion by Bade, seconded by Kozan, to approve the Moms Who Care request to conduct the Lipstick Brigade’s Safe Senior Celebration Collection, September 19-20, 2008.

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

Nay: None

Motion Carried.

Flushing City Council

Minutes

August 11, 2008

Page Two

REPORTS:

Paving Project - Motion by Gault, seconded by Szukhent, to approve the submittal for a change order extending the Coutant paving project from Leland to North Chestnut, for an amount estimated at $183,142.50.

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

Nay: None

Motion Carried.

2008 Paving Project Construction Engineering – Motion by Bade, seconded by Gault, to approve the Construction Engineering and additional Design Engineering proposal for the 2008 Paving Project, for Rowe Incorporated, in an amount not to exceed $38,668.00.

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

Nay: None

Motion Carried.

Bond Authorizing Resolution – Drinking Water Revolving Fund - A resolution was submitted for consideration in order to finance 7,380 lineal feet of water mains in areas throughout the city to improve fire flow, water pressure, and reliability of the system. The cost of constructing and installing the project is estimated to be One Million, Five Hundred Thousand ($1,500,000.00) Dollars.

The Michigan Municipal Bond Authority is providing assistance, with respect to the project, from the Drinking Water Revolving Fund (DWRF). The resolution provides a pledge to repay the bonds, determines the project as a public purpose, provides an interest rate of two and one-half (2½%) percent per annum, and requires that our revenue system (through the Water Ordinance) be maintained in order to provide necessary revenues for both operation of the system and repayment of the bonds.

On August 29, 2008, the Michigan Department of Environmental Quality (MDEQ) will issue an Order of Approved Issued Projects. Thereafter, the Authority should close on the bonds on September 29, 2008. Once the closing has taken place, the final bid letting may occur with the contractor, and the project may be started in late October or early November, with a one (1) year construction timeframe.

Motion by Szukhent, seconded by Bade, to adopt the Bond Resolution entitled “Water System Revenue Bonds, Series 2008.”

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

Nay: None

Motion Carried.

Flushing City Council

Minutes

August 11, 2008

Page Three

State of Michigan Liquor Control Commission – Transfer of Liquor License – 240 W. Main Street – Motion by Gault, seconded by Bade, to approve a resolution transferring a 2008 Class C license, located in escrow at 3235 W. Thompson, Suite 9, Fenton, MI 48430, Fenton Township, Genesee County, from Abraham T., Inc. to Flushing Bar & Grill, LLC, 240 W. Main Street.

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

Nay: None

Motion Carried.

BASIC Flex Plan Adoption Agreement and Resolution – Motion by Gault, seconded by Salem, to adopt a resolution designating that the City Clerk sign a copy of an Adoption Agreement and the Cafeteria Plan, as amended, into the records of the City of Flushing, and into the minutes of the meeting.

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

Nay: None

Motion Carried.

Woodland Ponds Paving Quote – Motion by Bade, seconded by Kozan, to approve the quotation from Lois Kay Contracting, in the amount of Twenty-Eight Thousand, Three Hundred Thirty-Eight ($28,338.00) Dollars, to pave Woodland Ponds Drive, with the understanding that the developers may undertake the work themselves prior to September 15, 2008, or furnish the city with an irrevocable letter of credit for the work.

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

Nay: None

Motion Carried.

Fiber Optic System - During the past year, administration has been working with the Genesee Intermediate School District (GISD) and the Flushing Community Schools to develop connectivity with the fiber system, in order to provide a new security system that may be connected to our police department, and allow connectivity for a community access channel.

Details on the progress of that effort will be reported in anticipation of a bid proposal being brought back to the City Council for authorization in September.

Flushing City Council

Minutes

August 11, 2008

Page Four

Community Funding Proceeds – 404 Elm Street - With the recent closing and sale of 404 Elm Street to the Flushing United Methodist Church, administration is proposing to make modifications to the old police station, in order to prepare it for future sale.

Community Development is one of the options elected in accordance with the allowance for these proceeds. Proposed improvements to be made to the structure and grounds qualify, under the criteria, as outlined in our application to purchase 404 Elm Street.

ORDINANCES:

Amendment to Section 99.72(c) and 99.78(h) – Streets and Sidewalks – Motion by Szukhent, seconded by Gault, to move to second reading and adoption of amendments to Ordinance Chapter 99, Sections 99.72(c) and 99.78(h), referencing the language in the Flushing Zoning Ordinance, as it relates to the size and species of trees or plants planted or growing in public places, as the controlling language.

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

Nay: None

Motion Carried.

Amendment to Section 134.02 – Dealing with Resisting Arrest – Motion by Bade, seconded by Szukhent, to move to second reading and adoption of amendments to Section 134.02, an ordinance dealing with resisting arrest, creating new sub-sections (b) and (c), and adding sub-section (3)(a).

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

Nay: None

Motion Carried.

Repealing and Enacting a New Ordinance Dealing with the Regulation of Animals- Motion by Bade, seconded by Kozan, to move to second reading and adoption of the 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, Gault, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Flushing City Council

Minutes

August 11, 2008

Page Five

Personal Property Deposited on Lawns and Rights-of-Way – Motion by Kozan, seconded by Szukhent, to move to second reading and adoption 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, Gault, Kozan, Salem, Szukhent, Gensel

Nay: None

Motion Carried.

Noxious Weeds – Motion by Szukhent, seconded by Bade, to move to second reading and adoption of amendments to Ordinance Chapter 96, 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, which will allow the city to remove the nuisance before the height becomes noticeable by surrounding property owners.

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

Nay: None

Motion Carried.

Closed Session:

Labor Negotiations – Motion by Szukhent, seconded by Gault, to go into closed session under the Open Meetings Act compiled laws 15.268(c), to consider negotiations on a collective bargaining agreement.

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

Nay: None

Motion Carried.

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

Nay: None

Motion Carried.

Adjourn: 8:37 p.m.

Reconvene: 9:17 p.m.

Flushing City Council

Minutes

August 11, 2008

Page Six

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

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

Nay: None

Motion Carried.

Adjourn: 9:18 p.m.

_____________________________ ______________________________

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