Minutes
May 10, 2010
A Regular Meeting of the Flushing City Council was called to order on Monday, May 10, 2010 at 7:30 p.m. by Mayor George G. Kozan, followed by the Pledge of Allegiance to the Flag and invocation.
Present: Mark F. Brock
John C. Gault
George G. Kozan
Karianne M. Martus
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
Yea: Brock,
Gault, Martus,
Nay: None
Motion Carried.
PRESENTATIONS:
Mayor Kozan presented former Councilperson Richard Bade with a plaque and a clock in appreciation for his service to the city as a Councilperson.
MEETING
OPEN TO THE PUBLIC:
The following individuals addressed City Council:
Matt Harris Sheila Hess Jim Burns
Elva Cook
Skip’s Come
Back
Consent
Agenda - Motion by Szukhent, seconded by
Yea: Brock, Gault, Martus,
Nay: None
Motion Carried.
Minutes
May 10, 2010
Page Two
PUBLIC HEARINGS:
2010-2011 Budget Hearing – The city manager gave a general picture of changes that have been made to the budget presented in April. A survey was sent to city residents asking them at what level they would like to see services kept in the city. Option number one (1) would have let revenues drop at the same rate as property values drop. Option two (2) would have balanced it so that tax revenues would have been neutral with the assessment decrease. Option three (3) would have increased tax rates up to the tax cap as allowed by City Charter. Over five hundred (500) responses were received. The results were: 42% Option 1, 41% Option 2, and 17% for Option 3.
Modification to the General Fund revenue is an operating millage of 9.75 mils. The Capital Improvement levy will drop to 1.85 mils, resulting in an overall tax increase of .5 mils. Revenue Sharing revenue is estimated to be Fifty Thousand ($50,000.00) Dollars less than the previous year. The budget shows a decrease in the Attorney’s department, the Clerk/Treasurer’s office, Police Department (retirement of three officers), Fire Department, Planning, and the Pool. Street lighting is estimated to increase Thirty Thousand ($30,000.00) over last year’s budget. The remaining funds will vary little from 2009 operations.
The Mayor opened the public hearing to the audience.
No public comment.
The Mayor closed the 2010-2011 budget hearing.
COMMUNICATIONS:
G.F.W.C.
Flushing Women’s Club – Motion by Szukhent, seconded by Brock, to approve
the G.F.W.C. Flushing Women’s Club request to hold the 44th Art in
the Park on June 5, 2010 in
Yea: Brock, Gault, Martus,
Nay: None
Motion Carried.
Riverbend Strider Running and Walking Club – Motion by Salem, seconded by Szukhent, to approve the Riverbend Strider Running and Walking Club’s request to hold the Flushing Evening Road Race on June 9, 2010, which would precede the parade and finish in the middle of the 100 block of Main Street.
Yea: Brock,
Martus,
Abstain: Gault
Nay: None
Motion Carried.
Minutes
May 10, 2010
Page Three
REPORTS:
Budget
Adoption – Motion by Gault, seconded by
Yea: Brock,
Gault, Martus,
Nay: None
Motion Carried.
Millage Proposal - In order to fund the city’s proposed 2010-2011 General operating budget and the capital improvement budget, millage rates were proposed to be levied accordingly.
With the anticipated reduction in the street paving budget, the re-payment of major street expenditures for the Main Street and Chestnut improvement project that occurred in this fiscal year, and the required financing for the Flushing City Hall and other improvement projects, the Capital Improvement Millage is recommended to be reduced to 1.85 mils. With the response received from the resident surveys, the General Operating Millage is recommended to be set at 9.75 mils.
Responses from the survey indicated that forty-two (42%) percent of residents voted to reduce the city revenues and services by approximately twelve (12%) percent. Forty (40%) percent of the residents selected the option to raise the millage rate to correspond with the estimated twelve (12%) percent reduction in taxable value. Eighteen (18%) percent of city residents recommended raising the millage rate in an attempt to maintain current service levels within the tax cap that was set through the City Charter. Combining option 2 and 3 of the responses would indicate that at least fifty-eight (58%) percent of the respondents felt that services should be preserved, and at least maintain the current tax revenues for the city, while forty-two (42%) percent indicated an option for allowing the taxes to drop with a corresponding reduction in services.
As the Operating millage is recommended to be adjusted in accordance with the above results, a corresponding reduction in the Capital Improvement millage would not produce any increases in the total tax to residents.
Millage Proposal – Motion by Szukhent, seconded by Gault, to set the millage levy for the 2010-2011 fiscal year at 9.75 mils for the General Fund, and 1.85 mils for the Capital Improvement Fund.
Yea: Brock, Gault, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Flushing City Council
Minutes
May 10, 2010
Page Four
Flushing Summer Fest in Riverview Park – The Flushing Area Chamber of Commerce requested approval to hold the Summer Fest in Riverview Park from June 9th through June 13th, 2010.
In the past, the Chamber of Commerce has sent a committee to meet with city officials to discuss plans that have been made for the week of the festival. As their schedule requiring city services has been modified, the city is currently working to provide an estimate of the costs to ensure that we are able to meet the demands placed upon our staff. Those estimates have not yet been completed, as information from the Chamber of Commerce is still being formulated.
On Wednesday, May 5, 2010, a meeting was held in the city hall to discuss all of the changes to this festival. The Chamber representatives requested to close Main Street on Saturday, June 13, 2010, from three o’clock a.m. to five o’clock p.m., in order to hold a junior basketball tournament. This tournament will be sponsored by the Trinity Baptist Church of Flushing.
Finally, a cost reimbursement policy, for the overtime expended on this event, is recommended, as the city’s budget deficit is continuing to grow with the drop in property tax and State Shared Revenue. As of this date, the overtime budgets for both the Police Department, as well as the Department of Public Works, are not able to extend to another event. To this end, a cost reimbursement policy for the full value of all overtime expenditure, needs to be considered as part of the anticipated request to hold this event.
Flushing Summer Fest in Riverview Park – Motion by Gault, seconded by Martus, to approve proceeding with the 2010 Summer Fest, which incorporates the basketball tournament and cost reimbursement policy that has been enumerated. In addition, the event will need to be approved by the city manager’s office after departmental meetings occur with staff members of the Flushing Area Chamber of Commerce office, to establish rules and guidelines for the Summer Fest.
Yea: Gault, Martus, Salem
Abstain: Szukhent
Nay: Brock, Kozan
Motion Carried.
BID/AWARD
PURCHASES:
2010 Street Paving Project – Motion by Brock, seconded by Salem, to award the 2010 Street Paving Project to Lois Kay Contracting, Saginaw, Michigan, in an amount not to exceed One Hundred Seventy-Seven Thousand, Eight Hundred Eighteen ($177,818.99) Dollars and ninety-nine cents.
Yea: Brock, Gault, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Minutes
May 10, 2010
Page Five
Engineering Services/Energy Grant Award – The city was recently awarded a “Multi-Purpose Grant for Non-Entitlement Local Governments,” in the amount of $58,790.00, the development of bid specifications and construction engineering assistance is required in order to provide specific details in accordance with the grant management.
Past assistance, in preparation of the grant application, was received by Linda Deyarmond, P.E. of Kovacs Engineering. Ms. Deyarmond was highly recommended to the city, due to her experience in both the design of the required mechanical and electrical heating systems, and especially due to her experience working with communities the lower peninsula of Michigan in assistance with the Energy Efficiency Conservation and Block Grant (EECBG) Program.
The purpose of this grant is to replace the entire heating system within the fire department, as well as replace several of the space heaters that are operating in the public works garage on McKinley Road. This project requires that a tracking and recording system, for all grant activities, be maintained in accordance with the rules and regulations enumerated by the Michigan Department of Energy, Labor and Economic Growth and Bureau of Energy System. In addition to the state requirements for project tracking, provisions that apply to the American Recovery and Reinvestment Act (ARRA) guidelines mandate that the city observe the reporting requirements, in accordance with Davis Bacon Wage rates, and provide progress and metric reports that were enacted to document the actual energy savings of the installed equipment to insure energy and cost reductions that were included in the original grant application submittals.
In order to provide a bid specification in accordance with the above state and federal guidelines, and to conform to the provisions of the city’s Purchasing Ordinance for Professional Services, the city manager recommended acceptance of the proposal for Engineering Services in an amount which will not exceed a cap of Six Thousand Five Hundred ($6,500.00) Dollars.
Engineering Services/Energy Grant Award – Motion by Szukhent, seconded by Gault, to accept the proposal from Kovacs Engineering for engineering services outlined in the proposal items number 1 through 11, for an amount not to exceed Six Thousand Five Hundred ($6,500.00) Dollars.
Yea: Brock, Gault, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Flushing City Council
Minutes
May 10, 2010
Page Six
ORDINANCES:
Zoning Ordinance Amendment – At the May 3, 2010 Planning Commission meeting, consideration of two proposals to amend the Special Use provisions of the Zoning Ordinance were heard, and recommendations were made.
The first provision involves allowing for the exemption of decks and swimming pools from the conditions imposed by Section 153.901(AY), Accessory Buildings and Structures. If amended, all decks, which are constructed below a thirty (30”) inch height limitation from the ground, and swimming pools, would be allowed to be constructed without observing the maximum percentage of lot coverage.
The second provision involves construction of decks over city rights-of-ways. This provision would permit these uses, as permitted in the Central Business District (CBD), using Special Use Permit provisions of the Zoning Ordinance. These uses are to be considered as accessory to a permitted use, and must comply with the city’s Café Ordinance, which shall not constitute a hazard to the public.
The Planning Commission recommended approval of these provisions.
Zoning Ordinance Amendment - Motion by Szukhent, seconded by Gault, to approve a first reading of an amendment to the Zoning Ordinance adding Section 153.901(AY)(8), and adding provisions to Section 153.901(BB) to the Zoning Ordinance.
Yea: Brock, Gault, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Café Ordinance Amendment – At the January 4, 2010 Flushing Planning Commission meeting, consideration of an amendment to the Café Ordinance began, which would allow for second floor decks over a public sidewalk for use of a restaurant, bar, or similar establishment. Several issues were raised, and the following list of concerns were presented by the city attorney, city manager, and planning commissioners:
1. Pedestrian Safety
a. debris dropped or thrown, potentially harming somebody below
b. securing furniture, which could fly off the deck
c. potential for collapse of the deck, resulting in injuries
2. Patron Safety
a. code requirements for access regarding ingress and egress
b. compliance with the Americans with Disabilities Act and the Michigan Barrier Free requirements
c. occupancy loads and weight restrictions on a deck
d. annual inspection procedures
e. liquor control restrictions
f. restroom facilities on the second floor
Flushing City Council
Minutes
May 10, 2010
Page Seven
3. Issues Related to Rights-of-Way and How the City Might be Affected
a. placement of support posts on the sidewalk below, restricting pedestrian movement
b. liability issues for the city and the public in general
c. lighting and noise issues
d. engineering certifications to determine structural requirements for determining weight loads
e. standards for revocation of permits, such as lack of maintenance, or violation of restrictions that were placed on the license issuance, failure to maintain insurance and bond requirements, transferability of license to new owners
f. are encroachments into right-of-ways to be allowed for food-related businesses, or to other property owners within the business districts
4. Issues Pertaining to a Second Level Deck Above Cornwell Park
5. Experience of Other Michigan Communities
If the Outdoor Café Ordinance is to be amended, which will allow for second floor decks, Section 7 would be added as follows:
Section 7 Second Floor Deck Cafe License: An application for a Second Floor Deck Café license to allow a café to be constructed above a publicly owned property, alley, or sidewalk may be issued upon the approval of the City Council with a finding that the applicant meets the following requirements:
A) Comply with the applicable requirements of Section 4 above.
B) Provide a surety bond to ensure that the deck is removed if the license is revoked and provide permission to the city to enter the property if necessary to remove the deck.
C) The owner of the deck agrees under the terms of the license to remove or modify the deck as necessary if it interferes with street lighting or other street improvements proposed by the city.
D) Plans for the structure designed and sealed by a licensed architect or structural engineer and shall be submitted and approved by the city prior to approval.
E) The owner agrees to maintain the structure so that it remains aesthetically acceptable and structurally sound as determined by the city.
F) Furniture shall be adequately anchored to the deck to avoid being blown into the public right-of-way.
G) All structures projecting into a city street right-of-way above the first floor level will be enclosed, so as to prohibit debris or other obstacles from harming pedestrians below.
H) In accordance with code requirements, restroom facilities will be provided on the second floor.
Flushing City Council
Minutes
May 10, 2010
Page Eight
I) All requirements of the State Liquor Control Commission, as well as the provisions contained in this ordinance, are to be strictly adhered to. Any violation of this provision is deemed grounds for license revocation, as determined by the city manager, following a public hearing with the Flushing City Council.
J) All projections into the right-of-way must be constructed without the use of support posts into the public sidewalk.
K) All applications for encroachments into the city right-of-way, pertaining to applications of this ordinance, must be accompanied by a Certificate of Insurance naming the City of Flushing as an additional insured, and will include coverage amounts equal to the coverage limits that are currently set through the city insurance policy. A minimum of Five Million ($5,000,000) Dollars, per occurrence, of liability coverage, shall be included. In addition, the applicant shall provide the city with a statement to hold the city harmless for all acts and claims against the city, that are made as a result of this license. Failure to maintain these insurance requirements automatically will result in revocation of any license issued.
L) Licenses for a second floor deck café are non transferable.
M) All second floor decks must be removed within thirty (30) days of license cancellation by the city.
N) The city will require an annual inspection of the premises to ensure continued compliance with this ordinance. A permit and related inspection fee will be adopted by City Council resolution.
O) Compliance with all current provisions of the City Zoning and Sign Ordinances must be observed.
Café Ordinance Amendment - Motion by Szukhent, seconded by Gault, to approve the first reading of the Café Ordinance amendment.
Yea: Gault, Szukhent
Nay: Brock, Martus, Salem, Kozan
Motion Failed.
APPOINTMENTS:
Flushing City Council Vacancy – Motion by Martus, seconded by Gault, to appoint Kevin Keane to fill the City Council seat vacated by Richard Bade. This appointment runs until the November 2, 2010 General Election.
Yea: Brock, Gault, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
The City Clerk/Treasurer swore into office Councilperson Kevin Keane.
Flushing City Council
Minutes
May 10, 2010
Page Nine
Flushing Area Senior Center Board of Director’s Vacancy/Planning Commission Vacancies – will be advertised in the Flushing Observer.
CLOSED
SESSION:
Tax Assessments – Motion by Szukhent, seconded by Gault, that, pursuant to the Open Meetings Act, to go into closed session to consult with our attorney regarding trial settlement strategies in connection with Easton Square vs. the City of Flushing and Flushing Valley vs. the City of Flushing, as an open meeting would have a detrimental financial effect on the city’s litigation or settlement position.
Yea: Brock, Gault, Keane, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Purchase of Real Property – Motion by Szukhent, seconded by Gault, that, pursuant to the Open Meetings Act compiled laws 158.268(d), to go into closed session to discuss the purchase or lease of real property or to consider the option to purchase or lease real estate.
Yea: Brock, Gault, Keane, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Adjourn: 9:40 p.m.
Reconvene: 10:20 p.m.
Adjournment - Motion by Szukhent, seconded by Keane, to adjourn.
Yea: Brock, Gault, Keane, Martus, Salem, Szukhent, Kozan
Nay: None
Motion Carried.
Adjourn: 10:21 p.m.
__________________________________ ___________________________________
George G. Kozan, Mayor Nancy G. Parks, City Clerk/Treasurer