City Council - July 23, 2007

FERNDALE CITY COUNCIL MEETING
Monday, July 23, 2007

A Regular Meeting of the Ferndale City Council was held Monday, July 9, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:40 p.m.

Mayor Porter led the Pledge of Allegiance.

Present: Council Members Covey, Galloway, Gumbleton, Lennon, Mayor Porter.

Absent: None.

Peggy Snow announced July 2007 Beautification Awards for:

Elegance by Design, 231 West Nine Mile

Edward Hicok, 641 Allen

Janelle Rogers, 812 Flowerdale

Ms. Snow announced the Perennial Exchange will be held on September 29.

Maile Ilac Boeder presented the following:

The Ferndale Commercial Property Preview

New Intern partnership with Ferndale Career Center

Chamber Challenge Blood Drive on August 13, 1007

Invitation to the Annual Chamber BBQ

1. Jeannie Davis, 1513 Pinecrest, issued an invitation for seniors to join the senior’s group for the Ferndale Pub Crawl and noted seniors will receive a $5 discount.

2. Ken Segal, Ferndale Youth Assistance, provided an update on FYA and introduced Eddie Heron, case worker for Walled Lake School District.

Councilman Lennon left Council Chambers at 7:55 p.m.

Item Nos. 6G and 6F were requested to be removed from the Consent Agenda, to be considered after the Regular Agenda.

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

A. Approved the Minutes of the Regular City Council Meeting held July 9, 2007, as submitted by City Clerk.

B. Approved the Special Event application from Ferndale Area CROP Walk, for Annual CROP Walk for Hunger, to be held on Sunday, October 7, 2007, throughout Ferndale from 2:00 – 6:00 p.m., contingent upon receipt of proper insurance at least five days prior to the event and the insurance being reviewed and approved by the City Attorney, as submitted by City Clerk.

C. Approved the erection of a moonwalk structure at Geary park as requested by Elaine E. Synder for a birthday party to be held on Saturday, August 4, 2007, from 2:00 – 5:00 p.m., contingent upon receipt of proper insurance at least five days prior to the event and the insurance being reviewed and approved by the City Attorney, as submitted by City Clerk.

D. Approved a 2% wage increase, effective July 1, 2007, for the Non-Union Employee under the jurisdiction of the City Clerk, as submitted by City Clerk.

E. Approved a 2% wage increase, effective July 1, 2007, for the Non-Union Employees under the jurisdiction of the Police Chief (Captain Collins, three Service Aides, Evidence Room Technician and two Parking Enforcement Officers), and approved a wage increase, to $7.15, in keeping with the minimum wage law for six Crossing Guards, as submitted by Police Chief.

F. REMOVED FROM CONSENT AND MOVED TO END OF REGULAR AGENDA

G. REMOVED FROM CONSENT AND MOVED TO END OF REGULAR AGENDA

H. Approved the License Agreements by and between the City of Ferndale and G & K Restaurant Enterprises, LLC (Sakana Sushi Lounge) for a sidewalk café and for removal of two parking meters in connection with the sidewalk café license, as submitted by DPW Director.

I. Approved low bid of $683,765 from 3S Construction, Inc., 3200 James Savage Road, Midland, to construct an auxiliary, pre-fabricated booster station below grade in the Livernois median at Albany Street, and that the expense be charged to the Water/Sewer Fund, Capital, Account No. 592-441-977, as submitted by DPW Director.

J. Approved the low bid of $1,394,037 from C&P Construction Co. Inc., 13249 West Star Drive, Shelby Township, to replace the water main on Westend Street from Eight Mile Road to Nine Mile Road, including street resurfacing, and the main on Nine Mile Road from Pinecrest Road to Republic Street, and that the expense of $1,149,537 for the main’s replacement be charged to the Water/Sewer Fund, Capital, Account No. 592-441-977, and of $244,000 for Westend Street’s resurfacing to the Major Street Fund, Repair and Maintenance, Account No. 202-464-775, as submitted by DPW Director.

K. Scheduled a Public Hearing to consider approving the 2007 Sidewalk Replacement Program (Special Assessment District No. 2007) for Monday, August 13, 2007 at 7:30 p.m., as submitted by DPW Director.

L. Approved the contract by and between Warren Contractors and Development, Inc., 505 Central Industrial Drive, Shelby Twp., and the City for solid-waste-compactor improvements and that the Mayor and City Clerk be authorized to sign said contract, as submitted by DPW Director.

M. Approved the contract by and between ABC Paving Company, 2650 Van Horn Road, Trenton, for a new parking bay, for asphalt parking lot and street repairs, and for crack-sealing and that the Mayor and City Clerk be authorized to sign said contract, as submitted by DPW Director.

N. Approved the contract by and between Warren Contractors and Development, Inc., 50595 central Industrial Drive, Shelby Twp., to improve Wordsworth Avenue west of Wanda Street and that the Mayor and City Clerk be authorized to sign said contract, as submitted by DPW Director.

O. Adopted the attached resolution of support for Ferndale’s application to 2007 Redevelopment Ready Communities Program, as submitted by CDS Director.

P. Referred the proposed changes to the Handbill Ordinance (Article XII) to the City Attorney and Ordinance Committee for review, as submitted by CDS Director.

Q. Approved the bills and payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 7:59 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Sidewalk Café License Agreement by and between the city of Ferndale and Single Malt, Inc. (Danny’s Irish Pub).

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve hosting the Ferndale Woodward Dream Cruise & RetroFest on August 17, 18 & 19, 2007 and to authorize street and parking lot closures as presented.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 1031, amending Chapter 6, Article VI, Housing Code, Division 6, Rooming Houses, Motels and Hotels to add Section 6-195 of the Ferndale City Code.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 1032, adding Article VII, Environmental Impact Commission to Chapter 2, Administration, of the Ferndale City Code.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt Ordinance No. 1033 adding Article VIII, Use of Vehicle Immobilization Devices to Chapter 18, Traffic and Motor Vehicle Codes of the Ferndale City Code, and include on the next agenda, with the Police Chief’s input, consideration of a resolution setting the immobilization fee under Section 18-95.

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

NAYS: None

MOTION CARRIED

City Manager Bruner withdrew his recommendation to adopt the resolution as requested by the Michigan Municipal League (MML).

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the replacement of Council’s previously adopted travel expense guidelines and policy adopted September 14, 1992, as amended July 26, 1993, with the Education, Training and Travel Policy as submitted by the City Manager with the revision of the third sentence under the paragraph titled "Procedure" to change "a Council member" to "the Mayor or a Council member".

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

NAYS: None

MOTION CARRIED

XXX. City Clerk Tallman updated the Council as to the State’s current lack of progress on certifying voting machine equipment capable of implementing Instant Run-off Voting (IRV). She also reported the Michigan Supreme Court has ruled that a never-before enforced provision of election law requiring voters to present photo identification in the polls is constitutional. The State is reviewing the ruling and reviewing options regarding implementation timelines. City Clerk Tallman also asked, for the benefit of candidates and her staff, that nominating petitions be turned in early if at all possible.

XXX. City Manager Bruner presented a memo from CDS Director Scheer requesting that Council set a public hearing for August 27, 2007 to consider a petition from EPG Properties/Nuwell to vacate the east-west Troy Street right-of-way near Farrow.

Moved by Councilman Galloway, seconded by Councilman Covey, to schedule a public hearing to consider a petition to vacate the undeveloped portion of Troy Avenue in Bonnie Oaks subdivision, measuring 60 feet by 143.3 feet on the south adjacent to lots 17, 18, 19 and 20 and 149.65 feet on the north adjacent to lots 11, 12, 13 and 14 a the August 27, 2007, council meeting and to direct the City Clerk to cause a notice of this hearing to be published two (2) consecutive weeks before that meeting in newspapers of general circulation in the City of Ferndale.

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

NAYS: None

MOTION CARRIED

XXX. Councilman Lennon asked that the City work to streamline the sidewalk café licensing procedure for next year. City Manager Bruner reported he has asked the DDA for recommendations. Councilman Lennon asked the City Clerk to place appointments of the two applicants for the Environmental Impact Commission on the next Council agenda. He also noted he would like to discuss having a voter registration drive at an upcoming City event.

XXX. Councilwoman Gumbleton, noting two recent application for the Plan Commission, asked if there were any vacancies on the Commission. City Clerk Tallman indicated there were no current vacancies.

XXX. Councilman Covey noted the passing of Rabbi Sherwin Wine. He also provided some history on the Ferndale Pub Crawl which highlights the growth of the event.

XXX. Councilman Galloway noted that appointments to the Environmental Impact Commission are made by the mayor and there will be five additional seats available on the Commission after the initial two appointments. Councilman Galloway asked that the City continue lobbying legislators and searching for other ways to implement IRV, including a paper vote count, as the voters of Ferndale requested. He noted there will soon be relief for residents in the extreme northwest corner of the City as the new auxiliary booster station will increase water pressure and water delivery in that area.

XXX. Mayor Porter thanked the Sierra Club for their recent event at which current issues were discussed. He noted a recent bill approved in Indiana for a petroleum refinery on Lake Michigan which allows an extra 580,000 pounds ammonia and 1.8 million pounds of particulates, including mercury, to be discharged into Lake Michigan each year. He asked the City and Council Members to contact legislators in Indiana to protest the measure. Mayor Porter agreed to supply Council with a copy of the bill. Councilman Covey suggested the City Manager draft a resolution to be sent by Ferndale and other communities. Mayor Porter thanked the City’s water staff, noting the upgrade in the water system promotes energy efficiency and the self contained generator system will allow the City to deliver water to its residents even during a widespread power failure. Mayor Porter thanked the young man who stopped his car on Nine Mile recently to remove an obstacle which was impeding traffic.

XXX. Mayor Porter proposed the following Resolution Opposing House Bill 4852 – "Public Safety Charge":

Recently, the Michigan House of Representatives introduced House Bill No. 4852, which amends the Emergency Telephone Service Enabling Act, 1986 PA 32 MCL 4841101 it seq., to add Section 408A which assesses a $1.35 per month "Public Safety Charge" for each service user of phone lines, including land phones, cell phones and internet connections; and

The "Public Safety Charge" on phone lines is not directly related to the services provided with revenue from the charge; and, therefore, constitutes a tax in disguise and may fail to adhere to requirements under the Michigan Constitution for voter approval; and

The proscribed uses of revenue generated by this "Public Safety Charge" are for services already funded through tax dollars in the general fund; and

This charge may generate millions of dollars in revenue from the residents of Ferndale and Oakland County but will not generate a commensurate level of increased services to the County or to Ferndale residents as only a fraction of the revenue is estimated to be expended fro services affecting residents in Oakland County; and

This charge is essentially a subsidy on the backs of Oakland County and Ferndale residents for services to be rendered outside the city and county, such as State Police Troopers in out state areas, not to be deployed in Ferndale or Oakland County; and

The proposed Bill divides excessive revenues generated by the "Public Safety Charge" amongst different funding areas on a percentage basis, potentially causing certain areas to be overfunded for their needs and there are no provisions in the bill for the use of protection of surplus funds; and

L. Brooks Patterson, Oakland County Executive and Michael Bouchard, Oakland County Sheriff adamantly oppose HB4852 calling it a tax on Oakland County residents that is far disproportionate to the return on their investment; and

The citizens of Ferndale and Oakland County should not be forced to pay an additional tax on a basic necessity such as phone service when revenue exists in the general fund and while such revenue will not be proportionately enjoyed by its residents.

NOW THEREFORE, IT IS RESOLVED that the Ferndale City Council strongly opposed HB4852 as it is an unfair and possibly unlawful tax on its residents and forces its citizens to subsidize services for residents outside the City and Oakland County;

AND BE IT FINALLY RESOLVED that the Ferndale City Council directs the City Clerk to forward this resolution to Governor Jennifer M. Granholm an d the entire Michigan house and Senate.

Councilman Galloway stated he will abstain from voting on adoption of the resolution because he feels Council was not given adequate time for review of the issue.

Moved by Councilman Covey, supported by Councilman Lennon to adopt the resolution as presented.

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

NAYS: None

ABSTAIN: Council Member Galloway

MOTION CARRIED

XXX. City Manager Bruner announced that, as signatories to the U.S. Mayor’s Climate Protection Agreement, the City of Ferndale has been invited by Zen Motor Company in Toronto to test drive their electric vehicles. He reported the cars will be delivered during an event to be held in the City Hall parking lot on Thursday, July 26^th, at 1:00 p.m.

Mayor Porter adjourned the meeting at 8:55 p.m.

Robert G. Porter, Mayor

J. Cherilynn Tallman, City Clerk