City Council - November 12, 2007

FERNDALE CITY COUNCIL MEETING
Monday, November 12, 2007

A Regular Meeting of the Ferndale City Council was held Monday, November 12, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:30 p.m.

Mayor Porter led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

APPROVAL OF AGENDA

XXX. Moved by Covey, supported by Lennon, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

XXX. Ferndale Police Citizens Awards

Police Chief Kitchen presented Police Citizens Awards to:

Tim Watson, for exceptional assistance during an incident when his neighbor was firing shots into the air on September 4, 2007; and

Zachary Massad, for his courage and quick actions when he pulled a passenger from a burning car after a two-vehicle accident on Eight Mile Road on October 18, 2007.

XXX. Ferndale Public Library

Kevin Deegan-Krause provided an update on the initial phase of the Library’s post-millage financial and facilities planning. Mr. Deegan-Krause also introduced representatives of the firms contracted to work on bond finance(R.J. Naughton of Stauder Barch) and architecture (Seth Penchansky of Penchansky Whisler Associates).

XXX. Ferndale Public Schools

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

PUBLIC HEARINGS

A. Nature Nook Special Land Use Permit

Mayor Porter opened the Public Hearing at 7:57 p.m.

Daryl DePottey, applicant, introduced himself.

Mr. Tom Needels, NES Property Management, owner of the building adjacent to Nature Nook, expressed concerns that the applicant has historically allowed wire racks to become permanent, external fixtures which were an eyesore.

Mr. DePottey contended that Nature Nook did not have permanent outside structures or trailers, and held seasonal outdoor sales for only two to four weeks at a time, and that the items sold are plants and flowers, grave blankets and other attractive materials.

Note was made of two letters of opposition from Mr. Needles, one dated October 8, 2007 submitted for the Plan Commission meeting on October 18, 2007, and one dated November 12, 2007.

There being no further comments, Mayor Porter closed the Public Hearing at 8:02 p.m.

XXX. Moved by Covey, seconded by Lennon, to adopt the Resolution approving the Special Land Use application for outdoor display and sales at Nature Nook located at 522 East Nine Mile Road.

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

NAYS: None

MOTION CARRIED

XXX. CALL TO AUDIENCE

There were no members of the audience wishing to speak.

CONSENT AGENDA

At Councilman Covey’s request, Council agreed to consider Consent Agenda Items E and F after the Regular Agenda.

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

a. Approved the Minutes of the Special Meeting and the Regular Meeting held October 22, 2007, as submitted by City Clerk.

B. Adopted Record and Retention Schedule 23, Election Records, as submitted by City Clerk.

C. Referred City of Novi’s Green Building Policies and Resolution to the Environmental Impact Commission and to the Ordinance Committee for review and revision, as submitted by Councilman Galloway.

D. Approved sale of $3M Sewer Infrastructure Bonds and adopted Awarding Resolution, as submitted by Finance Director/Assistant City Manager

E. REMOVED FROM THE CONSENT AGENDA TO BE CONSIDERED AFTER THE REGULAR AGENDA

F. REMOVED FROM THE CONSENT AGENDA TO BE CONSIDERED AFTER THE REGULAR AGENDA

G. Approved Invoices for Leaf-Vacuum Repairs, as submitted by DPW Director.

H. Approved Purchase of Sewer Vactor Equipment, as submitted by DPW Director.

I. Approved Invoice for Additional Police-Changeover Work, as submitted by DPW Director.

J. Approved request to fill DPW vacancy, as submitted by DPW Director.

K. Approved the bills, 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

Councilman Lennon left Council Chambers at 8:15 p.m.

REGULAR AGENDA

A. Appointment to Beautification Board

XXX. Moved by Galloway, seconded by Covey, to appoint Annette Dussia to the Beautification Commission.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:18 p.m.

B. Consideration of Sign Appeal, Fresard Dealership, 21800 Woodward

Councilman Covey left Council Chambers at 8:50 p.m. and returned at 8:52 p.m.

Councilwoman Gumbleton left Council Chambers at 9:00 p.m. and returned at 9:01 p.m.

XXX. Moved by Lennon, seconded by Covey, to grant a variance for the "Mobil 1 Lube Express" signs to be placed on the south and west sides of the quick lube building, contingent upon the letters being 16" in height, and the flag on the front of the building being 20" in height and both signs being installed beneath the two-course darker block band, in that Council has found that a practical difficulty exists in terms of visibility, there being long sight lines from Woodward Ave., the quick lube building being positioned further back on the site, the angle at which the building sits, and the elimination of congestion on the side street.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Lennon, seconded by Covey, that Council having found a practical difficulty to exist with regard to visibility, to grant a variance for the proposed monument sign, contingent upon the reduction of the sign to 6’ 4"x6’ 4", the reduction of the split face block base by a course or a course-and-a-half, and the relocation of the sign to the edge of the greenbelt area, and further contingent upon approval by the Ferndale Police Department as to vehicle and pedestrian sight lines not being impeded by the placement of the sign.

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

NAYS: None

MOTION CARRIED

XXX. Moved by Covey, seconded by Galloway, that Council having found a practical difficulty to exist with regard to visibility in terms of the scale of the building and size, to grant a variance for the proposed showroom wall signs, contingent on the product emblems being reduced in size to the following dimensions: Buick-42" in diameter, GMC-20" high and Pontiac- 54" high, and to further allow the "Service" sign on the south elevation.

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

NAYS: Council Member Gumbleton

MOTION CARRIED

C. Consideration of Cross-Connection Inspection Services Fee Proposal and Contract with Hydro Designs

XXX. Moved by Galloway, seconded by Gumbleton, to approve the three-year fee proposal of $65,880 of Hydro-Designs, 5700 Crooks Road, Suite 100, Troy, to provide inspection/re-inspection services under the city’s Cross-Connection-Control Program; to charge the expense to the Water/Sewer Fund, Contractual, account no. 592-818; and to approve the contract by and between Hydro-Designs and the Mayor and City Clerk to sign said contract.

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

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 9:24 p.m., relinquishing the Chair to Mayor Pro Tem Lennon.

D. Consideration of Adoption of the following Ordinances:

1) Ordinance No. 1034, adopting the 2003 Edition of the Michigan Residential Code, which incorporates the 2003 Edition of the International Residential Code for One and Two Family Dwellings.

XXX. Moved by Galloway, seconded by Covey, to adopt Ordinance No. 1034 adopting the 2003 Edition of the Michigan Residential Code, which incorporates the 2003 Edition of the International Residential Code for One and Two Family Dwellings.

AYES: Council Members Covey, Galloway, Gumbleton, Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

2) Ordinance No. 1035, Amending Chapter 6, Article V, Mechanical Code, Section 6-83, of the City of Ferndale Code of Ordinances.

XXX. Moved by Galloway, seconded by Covey, to adopt Ordinance No. 1035 amending Chapter 6, Article V, Mechanical Code, Section 6-83, of the City of Ferndale Code of Ordinances.

AYES: Council Members Covey, Galloway, Gumbleton, Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

3) Ordinance No. 1036, amending Chapter 6, Article IV, Plumbing Code, Section 6-69, of the City of Ferndale Code of Ordinances.

XXX. Moved by Galloway, seconded by Covey, to adopt Ordinance No. 1036 amending Chapter 6, Article IV, Plumbing Code, Section 6-69, of the City of Ferndale Code of Ordinances.

AYES: Council Members Covey, Galloway, Gumbleton, Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

4) Ordinance No. 1037, amending Chapter 6, Article III, Electrical Code, Section 6-31, of the City of Ferndale Code of Ordinances.

XXX. Moved by Galloway, seconded by Gumbleton, to adopt Ordinance No. 1037 amending Chapter 6, Article III, Electrical Code, Section 6-31, of the City of Ferndale Code of Ordinances.

AYES: Council Members Covey, Galloway, Gumbleton, Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

5) Ordinance No. 1038, amending Chapter 6, Article I, In General, Section 6-1, of the City of Ferndale Code of Ordinances.

XXX. Moved by Galloway, seconded by Gumbleton, to adopt Ordinance No. 1038, amending Chapter 6, Article I, In General, Section 6-1, of the City of Ferndale Code of Ordinances.

AYES: Council Members Covey, Galloway, Gumbleton, Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Mayor Porter returned to Council Chambers at 9:30 p.m. and resumed the Chair.

E. Consideration of FYE 2008 Council Goals & Objectives Action Plan

XXX. Moved by Covey, seconded by Lennon, to express appreciation to City Manager Bruner for his diligence and hard work and to approve the FYE 2008 Action Plan, with the revision of the introduction for Goal 2, #2 to read, "Engage in a systematic effort to document, review and reengineer as needed all service delivery processes".

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

NAYS: None

MOTION CARRIED

CONSENT AGENDA (continued)

E. Consideration of Award of CDBG Beautification Contract, as submitted by CDS Director

XXX. Moved by Covey, seconded by Lennon, to award the beautification segment of Program Year 2007 to Michigan Turf in the amount of four thousand seven hundred seventy dollars ($4,770) and to authorize the Mayor and City Clerk to sign the contract.

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

NAYS: None

MOTION CARRIED

F. Consideration of Approval of Change Order for Withington Parking Lot Screening Wall, as submitted by DPW Director.

XXX. Moved by Covey, seconded by Galloway, to approve the change order for additional work of $30,755 to the Withington Parking Lot screening wall, and to charge the expense to the Auto Parking Fund, Capital, account no. 585-977.

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

NAYS: None

MOTION CARRIED

XXX. Council Appointee Report – City Manager

City Manager Bruner reported on progress made toward the goals and objectives as presented to Council at its Special Meeting on October 1, 2007.

XXX. Council Liaison Reports:

City Manager Bruner explained this will be a standing agenda item to remind Council members to regularly and briefly report information of substance gathered as they represent Ferndale at meetings of these organizations.

CALL TO COUNCIL

XXX. Police Chief Kitchen reported the Police and Fire Board has confirmed the appointment of two Probationary Police Officers and conditional offers of employment will be extended tomorrow. Chief Kitchen congratulated Mayor-elect Covey, and Council Members-elect Lennon and Baker on their election to office, and thanked Mayor Porter for his years of service.

XXX. Attorney Christ, in response to an earlier comment, referenced Rule #9 of Council Rules and Procedures, which addresses the process for dealing with complaints against employees.

XXX. City Clerk Tallman reported the Michigan Court of Appeals has declared that City Clerks may no longer automatically mail applications for Absentee Voter Ballots to voters over the age of 60. All registered voters who wish to vote absentee must now request that an application be sent to them. Ms. Tallman noted that the January 15, 2008 Partisan Presidential Primary Election is on hold pending resolution of legal challenges to the law enacting the Primary Election. Ms. Tallman extended thanks to the staff of the City Clerk’s office, City staff and Ferndale’s election workers for their excellent work on the November 6, 2007 General Election and expressed appreciation for the support of the community, candidates and staff.

XXX. Councilwoman Gumbleton asked if the Police Department had a program for addressing neighborhood groups on crime prevention and was directed to Sgt. Brown. Councilwoman Gumbleton praised the recent Southeast Oakland Coalition event at the Coolidge school, and noted one idea to come out of the dialogue was to raise funds to provide trees for Coolidge’s playground. She asked that Council consider working out a plan to provide watering for them. Councilwoman Gumbleton announced the upcoming Senator Gilda Jacobs Budget Impact Forum on Tuesday, November 13, 2007, 7:00 p.m. – 8:30 p.m. at Lathrup Village Municipal Building. Councilwoman Gumbleton asked if the City has responded to complaints regarding a recent incident at Gage Products. City Manager Bruner explained that used tanks were delivered by mistake to the Ferndale location and have since been moved to their proper storage facility in Detroit.

XXX. Councilman Galloway congratulated all who participated in the election process and stressed the importance of voting for officials at all levels of government.

XXX. Councilman Lennon asked the City Manager to investigate a complaint registered by potential investors in the community about service at City Hall. Councilman Lennon recognized America’s veterans.

XXX. Councilman Covey noted the City of Novi wins awards every year for their budget process and suggested Ferndale possibly adopt some of their methods. Councilman Covey expressed gratitude to voters for turning out to vote despite cold, windy, wet weather. Councilman Covey acknowledged the media interest in his election as the state’s first openly gay mayor and noted his efforts to direct the conversations to the amazing growth and potential of Ferndale.

XXX. Mayor Porter saluted the country’s veterans. Mayor Porter reported Ferndale’s bond rating has been upgraded to A+. Mayor Porter expressed thanks to Byron Photiades and Captain Collins for their work during the construction of the Woodward Ave. bridge, noting their cooperation, documentation and enforcement allowed early completion of the project. Mayor Porter thanked the U.S. House and Senate for overriding the President’s veto in order to protect the Great Lakes. Mayor Porter encouraged Council to take the necessary steps to officially dedicate two parcels in the Oakridge/Woodward area as park space.

Mayor Porter adjourned the meeting at 10:18 p.m.