City Council - June 25, 2007

C - COUNCILMAN COVEY

PROPOSED MINUTES

FERNDALE CITY COUNCIL MEETING

MONDAY, JUNE 25, 2007, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, June 25, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:41 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.

XXX. Presentation was made

XXX. Presentation was made

XXX. Public Hearing was held

Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the attached Resolution following the June 25, 2007 Public Hearing relative to the Amended Brownfield Plan submitted by ASTI for the properties located at 21700-21800 Woodward, known as Jim Fresard Pontiac/Buick.

AYES: C, G, GU, L; MP

NAYS: None

MOTION CARRIED

1. Joe Mahan inquired about the costs of repairing sidewalk squares as required by ordinance and asked Council to intervene in the matter.

2. Bob Wolfson invited everyone to the formal groundbreaking ceremony for the Lofts on the Nine project at 211 E. Nine Mile Road on Thursday, June 28, 2007, from 4:00 p.m to 7:00 p.m..

3. Carlotta Cardeans, owner of Seasonal Corners indicated she received a complaint from the City regarding putting merchandise on the sidewalk and requested Council for a sidewalk sale permit.

4. Mary Tsouris commented on the lack of parking.

5. Anthony Fracchia indicated that there was a loud audio system emitting music from open bay doors at Overhead Conveyor at night and asked for assistance in having the doors closed at a reasonable hour. Mayor Porter directed Chief of Police Kitchen to address the situation.

6. Marsha Scheer, CDS Director, issued an invitation to a public input session on the Master Plan Update on July 12, 2007 at 6:00 p.m.

Councilman Lennon left Council Chambers at 8:16 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Consent Agenda as submitted:

A. Approval of the Minutes of the Regular Meeting held June 11, 2007, as submitted by City Clerk.

B. Approval of Special Event application for Ferndale Lab’s Annual Picnic to be held on Saturday, September 8, 2007, as submitted by City Clerk.

C. Approval of Special Event application for Pet Expo, to be held Saturday, August 25, 2007 and Sunday, August 26, 2007, as submitted by City Clerk.

D. Approval of Special Event application for IFC’s Free Film Fest to be held Tuesday, August 28, Wednesday, August 29, and Thursday, August 30, 2007, as submitted by City Clerk.

E. Approval of the budgeted 2% increase in salary and hourly rate for non-union and part-time 43^rd District Court employees, as submitted by Judge Longo.

F. Approval to proceed to fill budgeted Recreation Director position due to retirement, as submitted by City Manager.

G. Approval of addendum to the FYE 2007 Specialized Services Operating Assistance Program Third-Party Contract with SMART and authorization for Mayor and City Clerk to sign, as submitted by DPW Director.

H. Approval of Fourth Amendment to the 2003 Sidewalk Replacement Contract and authorization for Mayor and City Clerk to sign, contingent on Council’s approval of Special Assessment District No. 2007, as submitted by DPW Director.

I. Approval of new Parking Bay, Asphalt Repair and Crack Sealing Project Bid Award with ABC Paving Company, as submitted by DPW Director.

J. Approval of Solid Waste Compactor Improvements Bid Award with Warren Contractors and Development, Inc., as submitted by DPW Director.

K. Approval of Wordsworth Project Bid Award with Warren Contractors and Development, Inc., as submitted by DPW Director.

L. Approval of Change Order for Alley Repairs with Gaglio, Inc, as submitted by DPW Director.

M. Approval of Withington Lot Screening Wall Repair Bid Award with The Thomas Company, as submitted by DPW Director.

N. Approval to purchase Police Vehicles from Ed Schmid Ford, as submitted by DPW Director.

O. Approval of the bills, payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

Councilman Lennon returned to Council Chambers at 8:20 p.m.

Mayor Porter left Council Chambers at 8:59 p.m.

Mayor Porter returned to Council Chambers at 9:01 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to consider items on the Regular Agenda 8.a.1-6.

Councilman Lennon left Council Chambers at 9:35 p.m.

Councilman Lennon returned to Council Chambers at 9:36 p.m.

Councilwoman Gumbleton left Council Chambers at 9:52 p.m.

Councilwoman Gumbleton returned to Council Chambers at 9:55 p.m.

1). Consideration of Ordinance No. 1027 to Amend Ordinance No. 703, Downtown Development Authority, Article VI, Section 19-69 regarding expansion of DDA Boundaries/Description of Downtown District.

2). Consideration of Ordinance No. 1028 to Amend Ordinance No. 909, Principal Shopping District, Article VII, Section 19-84 regarding expansion of PSD Boundaries/Description of Principal Shopping District.

3). Consideration of Ordinance No. 1029 to Amend Ordinance No. 909, Principal Shopping District, Section VII, Section 19-86 to reflect the Special Assessment. REMOVED FROM CONSIDERATION.

4). Consideration of an annual PSD Special Assessment Rate.

5). Consideration to accept the Tax Roll as submitted.

6). Consideration of Resolution to remove the 2 Mill Levy in the DAA.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Gumbleton, to adopt Ordinance No. 1027 and No. 1028 to amend Section VII Principal Shopping District Ordinance 909 Section 19-84, Description of Principal Shopping District, and Section VI Downtown Development Authority Ordinance 703 Section 19-69, Description of Downtown District, as submitted by the Ferndale DDA in the "Proposed DDA Expansion" Map, "Proposed PSD Boundary" Map and attached legal description of the boundaries and properties as submitted June 21, 2007.

AYES: Council Members Galloway, Gumbleton, Mayor Porter

NAYS: Council Members Lennon, Covey,

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton to adopt the following resolution on the 25^th day of June 2007.

The City of Ferndale City Council newly adopted the expansion of the Principal Shopping District (PSD) boundaries on June 25, 2007;

The Ferndale Downtown Development Authority (DDA) submitted the Strategic Marketing and Development Plan dated May 2007;

THEREFORE BE IT RESOLVED that the Ferndale City Council hereby approves the Strategic Marketing and Development Plan and the Principal Shopping District Annual Assessment Rate effective July 1, 2007 through June 30, 2012, as recommended by the DDA, of 35 cents per square foot for main floor and sub-level properties and tenants; 20 cents per square foot for properties with second floors and above; and a cap not to exceed $3500 per individual business tenant per year.

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to amend the motion to change the rates to 25 cents per square foot for main floor and sub-level properties and tenants; 15 cents per square foot for properties with second floors and above.

VOTE ON AMENDMENT TO THE MOTION

AYES: Council Members Covey, Lennon

NAYS: Council Members Galloway, Gumbleton, Mayor Porter

MOTION FAILED

VOTE ON MAIN MOTION AS STATED

AYES: Council Members Galloway, Gumbleton

NAYS: Council Members Covey, Lennon, Mayor Porter

MOTION FAILED

XXX. Moved by Councilman Covey, supported by Councilman Lennon, to table consideration of Regular Agenda Items 8.A. 4), 5) and 6) until Ms. Sheppard-Decius is prepared to present an alternative proposal.

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

NAYS: None

MOTION CARRIED

Mayor Porter recessed at 10:52 p.m. and reconvened the meeting at 11:00 p.m.

B. Consideration of recommendation regarding WFRN

City Manager Bruner summarized his recommendation of June 19, 2007. Council generally concurred with the City Manager’s recommendation.

City Manager Bruner summarized his recommendation of June 19, 2007. Council generally concurred with the City Manager’s recommendation.

XXX. Fire Chief Schmidt reminded all to be safe with fireworks and respectful of your neighbors.

XXX. City Attorney Christ, regarding what can be planted in the right-of-way, quoted the City Code’s requirement to obtain a permit from DPW.

XXX. City City Clerk Tallman announced that Nominating Petitions for Library Board are due by Tuesday, August 7, 2007, at 4:00 p.m. and noted she will be out of the office the rest of the week for the MAMC annual conference.

XXX. Councilman Galloway passed along a noise complaint to Chief of Police Kitchen. He reported on a Sierra Club program.

XXX. Councilman Covey announced City is holding visioning forum for Ferndale’s Master Plan. He announced that legislation is considering relaxing rules for mega farms, exempting them from pollution standards. Councilman Covey announced that he would bring forward a proposal to establish a Ferndale Environmental Advisory Commission.

XXX. Councilman Lennon gave congratulations.

XXX. Mayor Porter noted that bottled water has no purity standards while tap water does, and the bottled water companies use 47 million gallons of oil to produce the bottles. He complimented the CDS Department for numerous recent commendations.

XXX. Moved by Mayor Porter, supported unanimously, to adopt a condolence resolution for Elizabeth "Betty" Sinclair.

Mayor Porter adjourned the meeting at 11:33 p.m.