City Council - August 13, 2007

FERNDALE CITY COUNCIL MEETING
Monday, August 13, 2007

A Regular Meeting of the Ferndale City Council was held Monday, August 13, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:34 p.m.

Mayor Porter led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

XXX. PRESENTATION Ferndale Schools

Jessica Scott, Communications Specialist from Ferndale Schools, provided an update on the activities and accomplishments of students throughout Ferndale Public Schools.

PUBLIC HEARING Approval of 2007 Sidewalk replacement Program (Special Assessment District No. 2007

XXX. Mayor Porter opened the public hearing at 7:40 p.m. Thirteen residents of the northwest portion of Ferndale disputed the findings of the inspection and/or requested variances from the findings. Following public comment, Mayor Porter closed the public hearing at 8:30 p.m.

A. Consideration of Resolution authorizing the 2007 Sidewalk replacement Program

Moved by Councilman Covey, seconded by Councilman Galloway, to adopt the Resolution authorizing the 2007 Sidewalk Replacement Program (Special Assessment District No. 2007) to proceed pursuant to the special assessment process, the public hearing having been held on August 13, 2007, but that sidewalk replacement along Hyland and Westridge Court be held for two weeks for Council’s consideration of variance(s) in width standards.

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

NAYS: None

MOTION CARRIED

XXX. CALL TO AUDIENCE

1. Kate Baker, a candidate for City Council introduced herself and issued an invitation to Open Houses hosted by her parents at 755 W. Maplehurst on Saturday and Sunday, 2:00 – 5:00 p.m. Ms. Baker gave her website address as: www.katebakerforferndale.com.

2. Christina Sheppard-Decius, Downtown Development Authority (DDA) Director, issued reminders of this week’s events: Thursdays on the Nine, 6:00 – 9:00 p.m. August 16; Dream Cruise kickoff on Friday, August 17; the International Emergency Vehicle Show on Friday starting at 1:00; the Lights and Siren Parade on Friday at 5:30 p.m.; VIP fundraising party at Buffalo Wild Wings on Friday at 6:00 p.m.; lights & siren parade; cruising beginning Saturday, August 18 at 10:00 a.m.; RetroFest and Hands Along Woodward on Sunday, August 19.

3. Patrick Sheehan, Fire Department, also promoted the International Emergency Vehicle Show on Friday, August 17 and noted the kids area, a very popular attraction last year, will be returning again this year.

CONSENT AGENDA

Item No. 6K was requested to be removed from the Consent Agenda, to be considered after the Regular Agenda.

Councilman Covey left Council Chambers at 9:00 p.m.

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

A. Approved the Minutes of the Regular Meeting held July 23, 2007, as submitted by the City Clerk.

B. Approved Special Event Application from El-Shaddai M.B.C., for El-Shaddai Community Summer Crusade, to be held on Monday, August 27, 2007 and Tuesday, August 28, 2007, from 5:00 p.m. – 9:00 p.m., at Harding Park; to approve a tent being erected pursuant to Section 13-52 of the Ferndale Code of Ordinances; and contingent upon applicant obtaining tent permit, as submitted by City Clerk.

C. Approved Special Event Application from Demetrius Newby of Kingdom Destiny Church for the Kingdom Destiny Community Barbecue to be held on Saturday, August 18, 2007, from 12:00 p.m. – 8:00 p.m., at Garbutt Park, contingent upon receipt of proper insurance eat 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 Special Event Application submitted by St. James Church/St. Mary Church for a Parish Picnic to be held on Saturday, Spetember 8, 2007, at Martin Road Park, from 12:00 p.m. – 10:00 p.m., with the actual picnic beginning at 4:00 p.m., as submitted by City Clerk.

E. Adopted Resolution setting the Immobilization Fee pursuant to Chapter 18, Article VIII of the Ferndale Code, at $50.00, as submitted by Police Chief.

F. Recommended approval of New Outdoor Service (1 area) to be located on city sidewalk, to be held in conjunction with 2007 Class C licensed business, located a 22824 Woodward (Danny’s Irish Pub), Ferndale MI 48220, Oakland County, as submitted by Police Chief.

G. Approved the annual $3,000.00 Oakway Hazardous Materials Response Team payment, funds to be taken from Account #101-336-740, Operating Supplies, as submitted by Fire Chief.

H. Approved a two-percent (2%) wage increase for the non-union, part time clerical position at the Fire Department, effective August 1, 2007, as submitted by Fire Chief.

I. Directed the Ordinance Committee and the City Attorney to draft an amendment to the cost recovery ordinance (Ordinance No. 1012) to allow the Fire Department to bill utility companies for public protection during emergencies and to bring it before Council for consideration and adoption, as submitted by Fire Chief.

J. Approved a 10% wage increase for the Assistant City Manager/Finance Director and the Administrative Assistant to the City Manager from December 14, 2006 through February 11, 2007, due to their effectively maintaining the day-to-day operation of the City Manager’s Office while the search continued for a new City Manager, as submitted by Mayor.

L. Approved the Master Plan public input contract amendment submitted by ENP Associates extending the term of agreement to October 30, 2007, and authorized the Mayor and City Clerk to sign the agreement, as submitted by CDS Director.

M. Approved the 2008 Municipal & Community Credit Contract with the Suburban Mobility Authority (SMART) for the period beginning July 1, 2007 and continuing through June 30, 2008 and authorized the City to sign, as submitted by Director of Senior Services.

N. Approved the temporary parking bay and alley closures for the August 16, 2007 "Thursdays on the Nine", as submitted by DDA Manager.

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

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

NAYS: None

ABSENT: Council Member Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 9:03 p.m.

REGULAR AGENDA

A. Consideration of Appointments to the Environmental Impact Commission

XXX. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to confirm the Mayor’s appointment of Leigh Fifelski to the Environmental Impact Commission.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to confirm the Mayor’s appointment of Kenneth Veenstra to the Environmental Impact Commission.

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

NAYS: None

MOTION CARRIED

B. Consideration of Woodward Tribute Resolution and Memorandum of Understandings

XXX. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to approve the location and two Memorandums of Understanding (MOU), one between the City and the Michigan Department of Transportation and another between the City and the Woodward Avenue Action Association for the Woodward Avenues Tributes project, with the amendment of Item 10 under Roles and Responsibilities of the WA3 to add "with the approval of the City of Ferndale".

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

NAYS: None

MOTION CARRIED

C. Consideration of Reid Salon Sign Appeal

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to table until August 27, 2007 the Sign Appeal Application filed by Michael Mcardle of Reid Salon, 259 West Nine Mile Road.

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

NAYS: None

MOTION CARRIED

D. Consideration of Charter Amendment regarding sale of property

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the Resolution proposing a Charter Amendment to Chapter II, Section 2(1) to modify the City’s power to sell property or any interest therein to eliminate the limitations requiring approval by three-fifths of the electors voting.

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

NAYS:

MOTION CARRIED

Councilman Covey left Chamber Chambers at 9:32 p.m.

E. Consideration of In-Line Roller Rink Rehabilitation

XXX. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, that the quote of $23,948 of Mateflex, 2007 Beechgrove Place, Utica NY to provide and install tile flooring in the in-line roller rink at Harding Park be approved, and that the expense be charged to the Public Improvement Fund, Capital, account no. 245-977

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 9:41 p.m.

F. Consideration of Resolution regarding Indiana BP Refinery

XXX. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to adopt the Resolution opposing the Indiana state water permit for BP PLC Whiting Refinery.

XXX. Moved by Councilman Covey, seconded by Councilwoman Gumbleton to amend the motion to add the following distribution list for the resolution: Great Lakes/St. Lawrence Seaways Cities Initiative, Governor of the State of Indiana, President of the Indiana State Senate, Leader of the Indiana House of Representatives, Mayor of Whiting, Indiana.

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

NAYS: None

MOTION CARRIED

Vote on Motion as Amended:

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:45 p.m.

G. Consideration of filling vacant Police Lieutenant and Police Sergeant positions

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to grant permission to the Police Chief to fill the vacant Police Lieutenant’s position created by the retirement of Lt. Raymond and to fill the vacant Sergeant’s position which will occur when the Lieutenant’s position is filled.

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

NAYS: None

ABSENT Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 9:47 p.m.

H. Consideration of filling two vacant Patrol Officer positions

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to grant permission to the Police Chief to fill the two (2) patrol officer vacancies created by the retirement of Lt. Norman Raymond and the resignation of Probationary Police Officer Matthew Davidson.

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

NAYS: None

MOTION CARRIED

CONSENT AGENDA (continued)

Mayor Porter left Council Chambers at 9:55 p.m. and returned at 9:57 p.m.

K. Replacement of two salt conveyors on snowplow trucks

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to pay for work already performed by Knapheide Truck and Equipment, 1200 S. Averill, Flint, to replace two salt conveyors on snowplow trucks #1245 and #1251 for $7,052, and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-977, as submitted by DPW Director.

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

NAYS: None

MOTION CARRIED

CALL TO COUNCIL

XXX. Chief Kitchen announced a retirement testimonial for Lt. Norman Raymond on September 15 at the Royal Oak Elks; tickets are $45 and can be obtained by calling the police station.

XXX. Chief Schmidt encouraged attendance at the International Emergency Vehicle Show on Friday, August 17.

XXX. City Manager Bruner, noting he has been on the job for six months, requested feedback on his job performance; issued a reminder about the Car Seat Check, Thursday, August 16, 1:j00 – 6:00 p.m. in the parking lot at City Hall; reported the Bicycle Friendly Communities application was submitted today and commended the contributions of the Police Dept., DPW, CDS and Recreation Dept.; advised that Dream Cruise merchandise is available at the DDA offices; and requested feedback from Council on his follow-up report from the April goal setting session.

XXX. City Clerk Tallman reported the ballot language has been approved by the Governor and Attorney General for the proposed charter amendment to Chapter III, Section 8, increasing the salary of Council members to $5,000 per year, and noted the question will be on the November 2007 ballot.

XXX. Councilwoman Gumbleton issued a reminder of the Hands Along Woodward event on Sunday beginning at 2:00 p.m. where people will be forming a human chain along Woodward Ave. from Detroit to Pontiac.

XXX. Councilman Galloway asked the City Manager to investigate the maintenance needs of the City’s six tennis courts at the high school.

XXX. Councilman Covey drew attention to a story in the press about Lisa Canada, who received a grant from the foundation on whose board he and Councilwoman Gumbleton serve; noted the success of this year’s Pub Crawl and thanked the Police Dept., Fire Dept. and Auxiliary Police for their efforts; urged everyone to be safe during the Dream Cruise. Councilman Covey also requested the City Manager to find out what action is necessary to get bike racks installed in the City. Councilman Galloway noted the Bicycle Friendly Communities application included installation of four bike racks in downtown Ferndale, and City Manager Bruner believed more are budgeted. Mayor Porter noted that Detroit Comics might be willing to contribute.

XXX. Councilman Lennon reported the David Lennon Foundation Golf Outing resulted in three $1500 scholarships being awarded to graduating seniors from Ferndale High School; announced City Hall will be open on Saturday, September 15, 9:00 a.m. – 2:00 p.m. for voter registration and the Police Chief and the Fire Chief will be providing activities for children; stressed that the voter registration event is a non-campaigning event.

XXX. Mayor Porter noted: robbery prevention program; W. Bloomfield event on avoiding foreclosure; Ferndale has been named a Historic Preservation Community; reported a citizen commendation for the Fire Department’s involvement in helping with questions on child seat safety.

Mayor Porter adjourned the meeting at 10:15 p.m.

The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan 48220
(248) 546-2525
City Hall Hours:
Monday - Thursday 8:00am - 5:30pm
Closed Fridays

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