Flushing City Council
Minutes
July 13, 2009
A Regular Meeting of the Flushing City Council was called to order on Monday, July 13, 2009 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: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Edward G. Henneke, City Attorney
Excused Absence – Motion by Szukhent, seconded by Salem, to excuse the absence of Councilperson Gault.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Closed Session – Motion by Szukhent, seconded by Bade, to delete the Closed Session from the agenda.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda - Motion by Szukhent, seconded by Salem, to approve the July 13, 2009 agenda, as amended.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
The following individuals addressed City Council:
Susan Little Dan
Fralick Kathy Birchmeier
Chamber of Commerce 812 Thomas Kathy’s Restaurant
Flushing City Council
Minutes
July 13, 2009
Page Two
Consent Agenda - Motion by Szukhent, seconded by Salem, to approve City Council Minutes (June 8, 2009 Regular Meeting), City Council Minutes (June 8, 2009 Closed Session), City Council Minutes (June 29, 2009 Special Meeting), City Council Minutes (June 29, 2009 Closed Session), and July 13, 2009 Council Bills List.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
REPORTS:
Hurley Resolution – A Resolution was prepared in response to a proposed ballot for a countywide millage election that is to take place on August 4, 2009. The resolution directs the city attorney to file an action regarding the legality of the millage question.
After significant research into the wording of the ballot, the authority that the Genesee County Board of Commissioners has, in placing this issue before the voters, is in question. The resolution requests that any decision be set aside, as the authority provided to the county is not granted through state law. In addition, a petition will be added to the complaint requesting the return of election costs that are estimated to exceed Three Thousand Five Hundred ($3,500.00) Dollars for the City of Flushing.
Many communities have discussed this issue during the past month, since the ballot language was approved to be placed on the August 4th election. Those communities are opting to join the City of Flushing in an effort to determine the legality of the ballot language. To date, administration has received confirmation that six (6) cities and three (3) townships have acted on this question, or have placed the issue on an agenda during the month of July, and will be deciding whether or not they will join the City of Flushing.
The municipalities outside of the City of Flint
are not against Hurley Medical Center.
They believe it is a fine hospital and an important asset for the City
of Flint. Yet, they believe they should
not pay for an election for which the county has no legal authority to
schedule. Nor should they pay a tax
increase to support the city’s hospital.
Flushing City Council
Minutes
July 13, 2009
Page Three
Motion by Szukhent, seconded by Kozan, to approve Resolution 09-0713-A directing the city attorney to file an action to set aside the August 4, 2009 election results and to petition the Genesee County Circuit Court to reimburse each municipality for costs incurred, as a result of this election.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Outdoor Café Fees – Motion by Szukhent, seconded by Bade, to approve Resolution 09-0713-A, a Resolution establishing an application fee for outdoor cafés.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Kathy’s
Outdoor Café – Motion by Bade, seconded by Szukhent, to approve a license
for an outdoor café (3 tables) for Kathy Birchmeier, doing business as Kathy’s
Restaurant, at 126 E. Main Street. The
applicant must provide the city with anticipated hours of operation, and a sign
be placed, which will indicate that there is no food or beverage beyond the
railings. The effective date of the
license is from July 19, 2009 to November 1, 2009.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Capital Improvement Plan – The final report, describing the Capital Improvements program, will be presented to City Council at the August 10, 2009 meeting.
Municipal Employees’ Retirement System (MERS) – Motion by Szukhent, seconded by Salem, to appoint the city manager, as the officer delegate, and Nancy Parks, as the officer alternate, to represent the city at the Municipal Employees’ Retirement System annual meeting September 15-17, 2009.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
Minutes
July 13, 2009
Page Four
BID/AWARD PURCHASES:
Sidewalk Bids – Motion by Szukhent, seconded by Salem, to award the 2009-2010 sidewalk project to Donaldson & Sons, Inc., Flushing, Michigan, in an amount not to exceed $18,040.00.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ORDINANCES:
Cost Recovery – Fire Runs - With the recently adopted extension to the Fire Services Contract with Flushing Township, administration requested City Council to consider an Ordinance previously placed before the council in 2003. The ordinance would allow for the collection of fees for services that may be provided by the Flushing Fire Department for residential, commercial, and industrial fire runs inside the city limit, as well as excess false alarms and hazardous spills. The ordinance declares any alarm or fire run in excess of two (2) in any calendar year from the same alarm system, to be declared a public nuisance. An alarm system with at least one hundred (100) initiating devices is permitted one (1) additional chargeable alarm per calendar year. Charges and fees are the direct responsibility of the property owner (not the tenant), and shall be due and payable within sixty (60) days of the date of the bill.
Previously, administration had
met with the owners of the Cedarwood Senior Apartment complex in order to
reduce the number of runs that we were experiencing at their complex. Unfortunately, those efforts have not worked
out, as the number of fire runs going to this complex, as well as Fostrian and
Elmcrest, have remained steady, or increased, during the past few years. In June of this year, 75% of the fire runs
in the city were to these three complexes.
If this continues, and is not carefully managed by the owners of these
facilities, the costs incurred by the city, based on the formula for actual
costs between the city and the township, could exceed $75,000.00 per year. Although the emergency response systems that
are located in these facilities are properly reporting events, additional staff
may be needed at these facilities to monitor these calls prior to communication
with the 9-1-1 center.
Flushing City Council
Minutes
July 13, 2009
Page Five
Motion by Szukhent, seconded by Bade, to move to first reading Ordinance No. 138, an ordinance to authorize and establish charges for emergency fire department services and to provide for the collection thereof.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion
Carried.
Adjournment - Motion by Szukhent, seconded by Bade, to adjourn.
Yea: Bade, Brock, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:08 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer