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.
