City Council - November 13, 2006

A Regular Meeting of the Ferndale City Council was held Monday, November 13, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:37 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter. Absent: None.

PRESENTATION Citizen Award to Lawrence Davis by Police Chief

520. Police Captain Collins presented a Citizen Award to Lawrence Davis for his assistance during an arrest.

PRESENTATION Introduction of new Firefighter Daniel Hoard by Fire Chief

521. Fire Chief Schmidt introduced Firefighter Daniel Hoard, who was recently hired by the Fire Department.

PRESENTATION Ferndale Public Schools

522. Jessica Scott, Communications Specialist for Ferndale Public Schools, provided information on activities throughout Ferndale Public Schools.

523. Moved by Councilman Lennon, seconded by Councilman Galloway, to upgrade the signs that are at the entrances of the City of Ferndale to honor Ferndale High School’s third consecutive Marching Band State Championship.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

PRESENTATION Friends of the Library

524. Ed Burns, President of the Friends of the Library, made a presentation updating Council on their activities.

PRESENTATION Eight Mile Boulevard Association

525. Tami Salisbury, Executive Director of the Eight Mile Boulevard Association, made a presentation and provided information on the Corridor Keeper Program.

A. Consideration of Resolution of Support for the Corridor Keeper Program

Moved by Councilman Covey, seconded by Councilman Lennon, to adopt the Resolution attached to Council’s information supporting the Corridor Keeper Program.

AYES: Council Members Galloway, Lennon, Covey, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

PUBLIC HEARING Community Development Block Grant (CDBG) Application for Program Year 2007

526. Mayor Porter opened the Public Hearing at 8:12 p.m. Charli Canaday of HAVEN requested a minimum contribution of $2,500.00 to HAVEN. Mayor Porter closed the Public Hearing at 8:15 p.m.

A. Consideration of CDBG Application and Subrecipient Agreement with Oakland County

Moved by Councilman Covey, seconded by Councilman Galloway, that the Public Hearing has been properly noticed and held on this date and that Council approve the CDBG Application for Program Year 2007 with the breakdown as follows: Code Enforcement, $65,415.00; Public Service Activity (general), $9,000.00; Public Service Activity (HAVEN), $3,150.00; Beautification, $5,000.00; Minor Home Repair, $2,500.00; and Administration, $2,000.00, totaling $87,065.00; authorize the Mayor to sign the grant Application and the Subrecipient Agreement, and to direct the City Clerk to forward a signed copy of the Application and the Agreement, a certified copy of the Minutes of this Public Hearing and the October 9, 2006 Meeting scheduling this Public Hearing to CDS before November 20, 2006, for submittal to the County.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

PUBLIC HEARING Planned Unit Development (PUD) and Special Land Use for the property located at Sidwell No. 25-27-284-010 and Sidwell No. 25-27-284-020, commonly known as 1201-1205 Woodward Heights

527. Mayor Porter opened the Public Hearing at 8:18 p.m. There being no one who came forward to speak, Mayor Porter closed the Public Hearing at 8:18 p.m.

A. Consideration of Planned Unit Development and Special Land Use Resolution

Moved by Councilman Galloway, seconded by Councilman Covey, to accept and approve the Planned Unit Development and Special Land Use for the property located at Sidwell No. 25-27-284-010 and Sidwell No. 25-27-284-020, commonly known as 1201-1205 Woodward Heights, with the exception of the green pavers as required in condition 2(f).

AYES: Council Members Lennon, Covey, Galloway; Mayor Porter

NAYS: Councilwoman Gumbleton

MOTION CARRIED

B. Consideration of Public Right-of-Way Use Permit Agreement

Moved by Councilman Galloway, seconded by Councilman Covey, that Council approve the Public Right-of-Way Use Permit Agreement between the Sterling Group, or the appropriate entity as determined by the City Attorney, and the City of Ferndale for the property at 1201 Woodward Heights, consistent with the Plan Commission’s October 30, 2006 approved Site Plan.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

528. Call to Audience

1. Robert Payne requested information on the Boards and Commissions listing for the Construction Board of Appeals and commented on the handrail violation appeal fee.

2. Mindy Silberman indicated that her landlord had received a citation for a car that was not parked on a hard surface. She inquired if gravel could be placed in the backyard for the winter to allow the car to be parked there. Interim City Manager Renando indicated he would research the issue.

Consent Agenda

529. Moved by Councilman Covey, seconded by Councilman Lennon, to approve the Consent Agenda, as submitted.

A. Approved the Minutes of the Regular Meeting held October 23, 2006, as submitted by City Clerk.

B. Adopted the Public Right-of-Way Use Permit Agreement between the Sterling Group and City of Ferndale for the property located at 23350 Woodward Avenue, consistent with the Plan Commission’s October 30, 2006 Site Plan, with the understanding that the Agreement is contingent on The Sterling Group obtaining a dimensional variance from the Ferndale Board of Zoning Appeals regarding the Zoning Ordinance setback regulation of 4.03 C. 5, as submitted by City Attorney.

C. Adopted the Resolution regarding the establishment of the National Incident Management System (NIMS) as the standard for the City, as submitted by Fire Chief.

D. Adopted the Year 2007 City Boards and Commissions Meetings Calendar, as submitted by Interim City Manager.

E. Approved the purchase in the amount of $17,036.00, for a tire balancer and tire changer from Equipment Distributors, to be charged to Account# 661-977, Vehicle and Equipment Fund, Capital, as submitted by DPW Director.

F. Confirmed the adoption of the Unauthorized Release of Information Policy for Community Development Services Department Staff, per the Michigan Secretary of State Memorandum of Understanding dated April 30, 1999, and the Interim City Manager’s memo dated October 25, 2006, as submitted by CDS Director.

G. Adoption of the proposed changes to Ordinance No. 1004, being the Zoning Ordinance, and to direct the City Clerk to publish notice of adoption of Ordinance No. 1017, in accordance with State statute, as submitted by CDS Director.

H. Adoption of the proposed changes to Ordinance No. 1004 Zoning Map and to direct the City Clerk to publish notice of adoption of Ordinance No. 1018, in accordance with State statute, as submitted by CDS Director.

I. Approved authorization for Siemens Building Technologies, Inc., to provide and install new steam rated gaskets and inserts for existing dielectric unions and to inspect the remaining unions and to repair or replace as many as possible, not to exceed the amount of $5,275.00, for the Gerry Kulick Community Center, and for it to be billed to Account#101-805-.00.931, as submitted by Recreation Director.

J. Approved the bills, payrolls (as certified by Interim City Manager) and City Attorney expense statements submitted by Howard Shifman, P.C., and Hafeli, Staran, Hallahan, Christ & Dudek, P.C., to be paid subject to review by the Council Finance Committee.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Regular Agenda

A. Reappointment to Brownfield Redevelopment Authority Board

B. Reappointment to Brownfield Redevelopment Authority Board

530. Moved by Councilman Lennon, seconded by Councilman Covey, to confirm the Mayoral reappointments to the Brownfield Redevelopment Authority Board of Sharon Stahl, 2853 Plymouth, Shelby Township, MI 48316 and Robert Sadowski, 3038 Richmond Avenue, Rochester Hills, MI 48309 for 3-year terms expiring

December 12, 2009.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

C. Reappointment to Plan Commission

D. Reappointment to Plan Commission

531. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to confirm the Mayoral reappointments to the Plan Commission of Christa Azar, 861 W. Oakridge, Ferndale, MI 48220 and Deborah Brazen, 2848 Paxton, Ferndale, MI 48220 for 3-year terms expiring December 12, 2009.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

E. Appointment of Voting Delegate and Alternate Delegate to the National League of Cities Annual Business Meeting to be held on Saturday, December 9, 2006

532. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Mayor Porter as the City of Ferndale’s Voting Delegate and appoint Councilman Galloway as the City of Ferndale’s Alternate Delegate.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

F. Consideration of Police Department Locker purchase and installation

533. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that the quote of $10,946.00 of Rayhaven Group, Inc., to provide and install 45 lockers in the men’s locker room of the Police Department be accepted; and that the expense be charged to the Public Improvement Fund, Capital, Account# 245-977.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Call to Council

534. Interim City Manager Renando requested a Special Council Meeting to be scheduled on November 20, 2006, for the City Manager selection process to begin.

Mayor Porter left Council Chambers at 9:04 p.m.

Mayor Pro Tem Lennon assumed the Chair.

Mayor Porter returned to Council Chambers at 9:06 p.m.

536. Councilman Lennon recognized the Fire Department for their efforts fighting a fire on Wanda and asked Police Captain Collins and Fire Chief Schmidt if anyone in their Departments was fluent in a different language. He announced that the Ferndale High School Baseball Team would hold a fundraiser at Tony’s Sports Bar on Saturday,

November 18, 2006, during the Michigan and Ohio State Game, to purchase equipment for the team. Councilman Lennon commented on the mudslinging campaigning prior to the Election.

537. Councilwoman Gumbleton congratulated the voters who exercised their right to vote and announced that there was record turnout throughout the State. She indicated that she had heard numerous people complaining about the political phone calls prior to the Election and that some Representatives were working on creating a Do Not Call Political Call list. Councilwoman Gumbleton announced that the Ferndale Youth Assistance would have their "Safe Night" on Friday, November 17, 2006, at Ferndale High School.

538. Councilman Galloway congratulated the voters who exercised their right to vote. He requested a copy of the Resolution that provided a stipend for the Mayor and City Council to have cell phones. Councilman Galloway requested a list of City Employees who have City-owned cell phones.

539. Moved by Mayor Porter, supported unanimously, to adopt a Resolution congratulating the City of Huntington Woods on having a voter turnout of 78%.

ADOPTED UNANMIOUSLY

540. Mayor Porter commented on an electric car to be manufactured in the City of Ferndale. He announced the magazine, "Business and Government", presented nine national technology awards and Michigan received five awards.

Mayor Porter adjourned the meeting at 9:30 p.m.

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Robert G. Porter, Mayor

ATTEST:

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Karen Pedro, City Clerk