City Council - August 27, 2007

Monday, August 27, 2007

A Regular Meeting of the Ferndale City Council was held Monday, August 27, 2007, 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.

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

Absent: None.

Brian Cooley announced August 2007 Beautification Awards for:

Richard Strauss Insurance Agency, 21950 Woodward

Breanna Scott, 1737 Pearson

George Leppala, 139 E. Bennett

XXX. PRESENTATION Ferndale Library

Interim Library Director, Mary K. Trenner, provided an update on library programs.

Mayor Porter opened the public hearing at 7:46 p.m. Following public comment Mayor Porter closed the public hearing at 7:49 p.m.

Moved by Councilman Galloway, seconded by Councilman Lennon, that the Public Hearing having been held on August 27, 2007, that the petition to vacate the undeveloped portion of Troy Avenue in Bonnie Oaks subdivision, measuring 60’ x 143.3’ on the south adjacent to Lots 17, 18, 19 and 20 and 149.65’ on the north adjacent to Lots 11, 12, 13 and 14 be tabled until such time as the City Attorney can return a recommendation to Council on alternatives for disposition of the subject property, including any possibilities that might exist for generating revenue from the property, such as licensing or leasing said property, and the City Clerk can determine if there was any prior vacation action on the subject property.

AYES: Council Members Galloway, Gumbleton, Lennon

NAYS: Council Member Covey, Mayor Porter

MOTION CARRIED

Mayor Porter opened the Public Hearing at 8:50 p.m.

The following persons spoke in opposition to the proposed rezoning:

Brian Cooley, 685 Spencer, was neutral on the issue, but expressed concern with possible long-term consequences of the proposed rezoning should public services become regionalized.

There being no further public comments, Mayor Porter closed the Public Hearing at 9:16 p.m.

Moved by Councilman Covey, seconded by Councilwoman Gumbleton, that the Public Hearing having been held on August 27, 2007, that the rezoning request for the property commonly known as 475 Wanda be tabled indefinitely until receipt of a conditional rezoning application from Gage Products and until the City Attorney has reviewed that application and issued a report and recommendation to Council, and to direct staff to investigate the process for procuring an outside consultant or engineering firm, including possible costs and availability, for the purpose of reviewing the site plan and the appropriateness of the containment procedures in order to help Council identify factors which should be addressed in a Conditional Rezoning or Special Land Use Permit, should Council decide to engage such services.

Mayor Porter opened the Public Hearing at 9:52 p.m.

The following persons spoke in opposition to the proposed Special Land Use:

Doug Dwyer, 1445 East Webster Janet Narich, 706 Pinecrest

Sherry Wells, 315 W. Troy Kate Baker, 1615 Beaufield

Leo Smith, 1371 E. Webster Darwin Parks, 1391 E. Webster

There being no further public comment, Mayor Porter closed the Public Hearing at 10:08 p.m.

Moved by Councilman Galloway, seconded by Councilman Covey, that the Public Hearing having been held on August 27, 2007, that consideration of the Special Land Use application submitted by Gage Products for a custom fuel processing and distribution facility to be located at 475 Wanda be tabled until such time as the rezoning of 475 Wanda from M-1 (Light Industrial district) to M-2 (General Industrial district) be brought back to Council with the information requested.

1. Ryan Zelmanski, 370 E. Cambourne, asked about the possibility of placing trash on only one side of the street to realize savings in gas and labor.

2. Brian Cooley, 685 Spencer, would like flags flying on Woodward at the south entrance of the City.

3. Dave Coulter, 555 Leroy, offered to contact Senator Sander Levin to obtain for the City a State and a US flag for Woodward. He also announced success in getting County parks and recreation resources directed to the south end of the county in that Catalpa Park is now Catalpa Oaks, an Oakland County Park, and noted he will be meeting with the City Manager regarding his urban park strategy.

4. CDS Director Scheer announced the final land use visioning session will take place on Saturday, September 15, 9:30 a.m. – 1:30 p.m. in Council Chambers.

5. Daryl DePottey, Nature Nook, announced that on September 11 the store will be giving away 3000 bouquets signifying the lives lost in the 9/11 attacks six years ago, and will also be offering free flowers to all police officers and firefighters.

It was the consensus of Council that Consent Agenda Item H be considered after the Regular Agenda.

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

A. Approved the Minutes of the Special Meeting held August 13, 2007, and the Regular Meeting held August 13, 2007, as submitted by City Clerk.

B. Approved the Resolution commending Metropolitan Community Church of Detroit, as submitted by Councilman Covey.

C. Approved Agreement to use the City’s Southwest Storage Yard as a transfer site for leaves by the City of Oak Park, as submitted by DPW Director.

D. Approved purchase Solid Waste Compactor, as submitted by DPW Director.

E. Approved Oakland Livingston Human Service Agency (OLHSA)/ Community Service of Oakland (CSO) Contract, as submitted by CDS Director.

F. Approved bid from All-Pro Exercise Equipment for new fitness equipment, as submitted by Interim Recreation Director.

G. Approved amendment to the Resolution approving Lebandezers, Inc., Liquor License, as submitted by DDA Executive Director.

H. REMOVED FROM THE CONSENT AGENDA TO BE HEARD AT THE END OF THE REGULAR AGENDA

I. Approved Funky Ferndale Art Fest and Food Festival and corresponding street closures, as submitted by DDA Executive.

J. 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, Lennon, Mayor Porter

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to deny the Sign Appeal Application filed by Michael McArdle of Reid Salon, 259 West Nine Mile Road as it does not meet the requirements of Ordinance 1026, Section 6-268.

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

NAYS: Council Member Covey

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to continue with the sidewalk replacement program with the exception of Hyland and Westridge Court which are deferred until next year’s program, and to refer the current standards set forth in the Code of Ordinances, Chapter 16, Article III, Section 16-31 Width of Sidewalks to the Ordinance Committee.

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

NAYS: Council Member Galloway

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, that the Joint Recreation and Facility Use Agreement by and between the Ferndale Public Schools be approved, and that the Mayor and City Clerk be authorized to sign it.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to rescind the Resolution adopted by City Council on August 13, 2007, and to adopt the Resolutions proposing Charter Amendments 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: None

MOTION CARRIED

H. Consideration of Resolution designating the Ferndale Downtown District as a "redevelopment project area".

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the Resolution designating the Ferndale Downtown District as a "redevelopment project area".

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

NAYS: None

MOTION CARRIED

XXX. City Manager Bruner requested Council’s consideration to approve expenditure of EDI Grant Funds for a new wood gym floor at the Kulick Community Center.

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to authorize spending $30,000 of the EDI grant ($24,000 plus 25% contingency = $30,000 total) to replace the old gym flooring in the Kulick Community Center with new maple flooring, and ask that the guidelines for use of the room be reviewed so that use and equipment is consistent with preserving the floor.

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

NAYS: None

MOTION CARRIED

XXX. City Manager Bruner announced Julie Hall has been appointed as the City’s new Recreation Director and begins work on Thursday. He noted that a report on trip and fall accident claims related to sidewalks was distributed at the Council table tonight.

XXX. Fire Chief Schmidt thanked Firefighter Patrick Sheehan for his well-received fire hose station for children at the International Emergency Vehicle Show.

XXX. Mayor Porter asked the City Manager to review the applications for the Parks and Recreation Board and the Environmental Impact Commission, and to bring back to Council recommendations for appointments based on the qualifications of the applicants.

XXX. City Clerk Tallman noted the City Manager, Police Chief, Fire Chief and she held an informational meeting for candidates to provide a general overview of City structure, budget, administrative services and the election process which was well received, and offered the presentation materials to any Council Member who was unable to attend the meeting. She announced new agenda procedures, including an electronic review process and standardized staff memos for each agenda item, will be going into effect with the next Council packet as a first step toward electronic packets.

XXX. Councilman Lennon issued a reminder about the Voter Registration Drive to be held on September 15, 9:00 a.m. – 2:00 p.m., and announced he and Brian Cooley will be working on clean up of the Grand Trunk Railroad area at Eight Mile.

XXX. Councilman Galloway commended the DPW for an excellent job cleaning up from the weekend’s storms.

XXX. Councilman Covey announced the Film Fest at Martin Road Park beginning Tuesday and continuing through Thursday; reported the biggest annual fundraiser for HIV/AIDS, the AIDS Walk, is taking place on Sunday, September 16, beginning at 9:30 a.m. at the Royal Oak Farmer’s Market; and issued a reminder about the Ferndale Community Foundation events at the Artfair on September 22 and September 23.

XXX. Moved by Mayor Porter, supported unanimously, to adopt a resolution of condolence for the Purtan family on the death of WOMC-FM Morning Show host Dick Purtan’s father, Paul Joseph Purtan.

ADOPTED UNANIMOUSLY

XXX. Mayor Porter noted the State Fair is in progress and announced the Spinners, a Motown group originated by four Ferndale men, will be playing on Wednesday night. He announced that BP Petroleum has decided not to increase discharge in Lake Michigan as a result of public pressure such as the Ferndale City Council’s Resolution of Opposition.

Mayor Porter adjourned the meeting at 11:38 p.m.