Flushing City Council

Minutes

March 8, 2010

 

 

A Regular Meeting of the Flushing City Council was called to order on Monday, March 8, 2010 at 7:30 p.m. by Mayor Pro-Tem Michael T. Szukhent, followed by the Pledge of Allegiance to the Flag and invocation.

 

Present:                                  Richard L. Bade

                                                Mark F. Brock

                                                John C. Gault

Karianne M. Martus

Teresa K. Salem

Michael T. Szukhent

 

Absent:                                   George G. Kozan

 

Others Present:                      Dennis J. Bow, City Manager

Nancy G. Parks, City Clerk/Treasurer

                                                Edward G. Henneke, City Attorney

 

Excused Absence – Motion by Gault, seconded by Bade, to excuse the absence of Mayor George Kozan.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Approval of Agenda - Motion by Bade, seconded by Szukhent, to approve the March 8, 2010 agenda.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

MEETING OPEN TO THE PUBLIC:

 

The following individuals addressed City Council:

 

Chris Common                                   Elva Cook

212 Mary Street                                1459 Flushing Rd.

 

Consent Agenda - Motion by Salem, seconded by Gault, to approve City Council Minutes (February 8, 2010 Regular Meeting), and March 8, 2010 Council Bills List.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Two

 

 

PUBLIC HEARINGS:

 

Flushing Area Recreation Master Plan – Mayor Pro-Tem Szukhent opened the public hearing on the Flushing Area Recreation Master Plan.

 

City Manager Dennis Bow announced that the updated Flushing Area Recreation Master Plan, done with the assistance of Rowe Professional Services Co., as well as an additional master plan for Riverview Park and the area behind the 100 block on the south side of Main Street, were being presented this evening.  As to the Riverview Park plan, he stated that the Rotary Club, through their Community Project Committee, invested the dollars in the plan, as well the projects in the plan that they would like to complete once it’s completed and adopted.  The individuals representing the Rotary Club, Jack Wheatley and Lisa Demankowski, were then introduced to the council and audience.

 

Jack Wheatley, of Rowe Professional Services, and Lisa Demankowski, of NJB Architects, Inc., addressed the council and audience relative to the Rotary Club’s portion of the master plan, the Riverview Park Conceptual Master Plan (depicting the proposed park project areas) and a Conceptual Opinion of Cost (breaks down the costs associated with each proposed project).  He explained that both companies (Rowe and NJB) were hired by the Rotary Club to develop the project(s) based on public input, which started at a public meeting in November at the fire department.

 

Lisa Demankowski proceeded to give an overview of the public meeting, where some key assets came up…the river, the bandshell, trees, the trail, Tucker Pool, and the connection to the downtown.  Areas of improvement were identified…existing facilities, circulation and traffic.  The conclusions demonstrated the number one desirable asset is a pedestrian bridge, next is access to the river, followed by parking, skate area and plaza, a water feature spray park, canoe launch, improved lighting and an area for the summer fest and similar activities. 

 

The keys to the final design were to improve walkability in general, vehicle circulation, drop-off zones, preserve green space, capitalize on assets and find multiple uses for things, centralize parking, safety improvements, events space, and new and improved features. 

 

An overview of the projects proposed in the Conceptual Master Plan was then given by Ms. Demankowski and Mr. Wheatley. 

 

Mr. Wheatley followed with an overview of the cost breakdowns associated with the proposed projects.

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Three

 

 

The Rotary Club’s intention is to take one or two of the projects and raise the funds required to develop them.                 

 

Council input followed, with comments regarding an ice skating area (with summer use options), the circular drive concept and safety issues related to it, the need for a sledding hill, the proposed bridge and its connection to the south side of the river, and the need for winter activity use as well.

 

This drawing is in the proposed five-year plan, adopted by reference, to allow for possibilities of funding.  

 

The Mayor Pro-Tem opened the public hearing to the audience.

 

Elva Cook, 1459 Flushing Road, inquired as to who would pay for these projects, and if Mr. Wheatley and Ms. Demankowski had volunteered their time this evening or if they’re on the clock. 

 

Mr. Wheatley responded that the Rotary Club would pay for any project right now …it won’t be the city.  For other projects, the Rotary Club might help pay for it, but they’d also look to grant funding through the DNR.  The bridge could be funded by the Enhancement Funds, the grant source that funded the trail.  Other service groups with a grant, the city with a grant, could also fund some of the projects.  As to their time this evening, they responded that it’s a little of both.

 

Bob Clement, 257 Aberdeen Ct., stated that he appreciated the presentation.

 

The Mayor Pro-Tem closed the public hearing.

 

COMMUNICATIONS:

 

Flushing Women’s Club – Annual Leprechaun Lope – Motion by Bade, seconded by Brock, to approve the Flushing Women’s Club request for public assistance for the Annual Leprechaun Lope to be held on Saturday, March 13, 2010, at 1:30 p.m.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

 

 

 

 

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Four

           

 

Flushing A Restaurant – Motion by Salem, seconded by Brock, to approve the Flushing A Restaurant’s request to hold their 2010 Cruise Night Series on April 17, May 15, June 19, July 17, August 21, September 18 and October 16.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Flushing Lions Club – Motion by Gault, seconded by Bade, to approve the Flushing Lions Club’s request to hold their White Cane Drive from April 30, 2010 to May 1, 2010.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Riverbend Striders Running Club – Motion by Bade, seconded by Salem, to approve the Riverbend Striders Running Club’s request for their 2010 race series.  The races will be held on March 13th (Shillelagh), March 27th (Flushing Half Marathon), April 7th (Tax Trot), June 9th (Oldies Festival), and December 4th (Christmas Stocking Run/Walk).

 

            Yea:     Bade, Brock, Martus, Salem, Szukhent

            Abstain:            Gault

            Nay:     None

            Motion Carried.

 

Children’s Miracle Network Fundraiser – Motion by Gault, seconded by Bade, to approve REMAX Town & Country’s request to use Riverview Park on June 26, 2010 for the purpose of their Children’s Miracle Network fundraiser.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

REPORTS:

 

Flushing Area Recreation Master Plan – Motion by Bade, seconded by Brock, to approve Resolution Number 10-0308, adopting the “Flushing Area Five Year Parks and Recreation Plan.”

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Flushing City Council

Minutes

March 8, 2010

 

Page Five

 

 

Michigan Municipal League (MML) Capital Conference – Motion by Gault, seconded by Bade, to approve the expenses in connection with Council attendance at the MML Capital Conference at the Lansing Center on April 13-14, 2010.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

2010 Street Paving Program – Motion by Bade, seconded by Gault, to approve design engineering for James Connis and McKinley Road, south of Main Street, in the amount of $14,758.00.

 

In addition to the paving of Terrace Street, the 2010 Paving Program includes James Connis, from Darcey to Park, and McKinley Road, south of Main Street.  As Terrace Street has recently been approved for funding through the American Recovery and Reinvestment Act (ARRA) dollars, (which allows for 100% of the construction costs to be paid with federal dollars) administration anticipates there will be sufficient money to pay for the repaving of McKinley and James Connis.  Coutant has been moved to the 2011 paving year, as federal funding has been approved in 2011 for 80% of the construction costs.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Riverview Park Bandshell Policy – Motion by Brock, seconded by Bade, to postpone amending the Riverview Park Bandshell Policy.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Transfer Ownership of Class C Liquor License – Motion by Bade, seconded by Brock, to approve a resolution for the transfer of ownership of a 2009 Class C Licensed Business with Dance Entertainment Permit, located at 1124 E. Main Street, from FVGC Associates, LLC, to Shkreli Investments, LLC.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

 

 

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Six

 

 

Flushing Township Offer for Fire Run Payments - A check was received from Flushing Township in the amount of Eight Thousand ($8,000.00) Dollars for full payment of an invoice for fire runs in connection with the fire contract ending June 30, 2009.  The total amount of the invoice was Twelve Thousand, One Hundred Thirty-Six ($12,136.33) Dollars and thirty-three cents.  The Township Board has offered this $8,000.00 payment to be considered “paid in full,” with a deadline provided of 3:00 p.m. Wednesday, March 10, 2010. 

 

A council committee for the city met with a committee on behalf of the Flushing Township Board to review this matter on January 25, 2010.  The purpose of that meeting was to clarify any information that might cause a misconception regarding the understanding that was reached when the former five-year contract was negotiated.  Upon conclusion of that meeting, it was not entirely clear, on behalf of the city participants, that the township representatives understood the intent of the contract and the obligations that resulted with the contract adoption by their board. 

 

As this item was introduced and debated at a meeting of the township board on February 11, 2010, city administration has requested and received a copy of those minutes.  The information contained in the minutes did not allow the city to fully understand the reasoning behind their decision to make a partial payment.  In order to understand that reasoning, the city manager will request a copy of the actual tape of that debate so that he can listen to all of the information that was provided to the board before a decision was made.

 

Although a due date for acceptance of a partial payment has been set by the township board as March 10, 2010 at 3:00 p.m., the city manager recommended that the city council request the township board to postpone the deadline on their offer until the city can be certain that the information presented at their board meeting was sufficient to understand the city’s position regarding this bill.  Once the information can be obtained from that debate, a proper response can be formulated in order to give the city council the opportunity to make an educated decision with their response.

 

Once the city is able to understand the reason for a partial offer that the township has made, a suitable response can be prepared and/or a joint meeting may be requested. The city is interested in preserving the excellent business relationship that has been shared with the township, through the Fire Services Contract, that has succeeded over many years.  It is therefore in the interest of both communities’ future cooperative efforts, to properly resolve this matter.

 

 

 

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Seven

 

 

Fire Run Payments – Motion by Brock, seconded by Gault, to direct the city manager to request an extension of the March 10, 2010 deadline to further research the township board’s meeting minutes and determine how they arrived at the $8,000.00 settlement amount.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

BID/AWARD PURCHASES:

 

Financial Audit – Motion by Bade, seconded by Brock, that the current committee designated as Engineering Services and Building Services Committee be renamed as the Professional Services Committee, and that the audit bids, as well as other professional services for which the city contracts, be reviewed, with a recommendation returned to the full city council.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

ORDINANCES:

 

Alcohol in Public Places – Motion by Brock, seconded by Bade, to table the second reading and adoption of this ordinance amendment until the next City Council meeting.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Adoption of Uniform Traffic Code – Motion by Gault, seconded by Brock, to move to first reading Section 70.01(f), of the Code of Ordinances, to adopt, by reference, the Uniform Traffic Code for Cities.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

 

 

 

 

 

 

Flushing City Council

Minutes

March 8, 2010

 

Page Eight

 

 

APPOINTMENTS:

 

Parks and Recreation Commission Appointment – Motion by Bade, seconded by Salem, to confirm Councilperson Bade’s the appointment of Eric Reed to the open position on the Parks and Recreation Commission, which expires in 2011.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Resignation - Councilperson Bade announced his resignation from the City Council effective April 11, 2010.

 

Closed Session – Pending Litigation – Motion by Gault, seconded by Brock, to go into closed session pursuant to the Open Meetings Act compiled laws 15.268(e), to consult with our attorney regarding trial or settlement strategy in connection with a case of the City of Riverview, involving a class action suit, which includes the City of Flushing and the State of Michigan, as an open meeting would have a detrimental financial effect on the city’s litigation or settlement position.

 

            Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Adjourn:                      9:30 p.m.

 

Reconvene:                9:47 p.m.

 

Adjournment - Motion by Gault, seconded by Brock, to adjourn.

 

Yea:     Bade, Brock, Gault, Martus, Salem, Szukhent

            Nay:     None

            Motion Carried.

 

Adjourn:                      9:48 p.m.

 

 

 

_____________________________                         ______________________________

George G. Kozan, Mayor                                            Nancy G. Parks, City Clerk/Treasurer