City Council - January 14, 2008

FERNDALE CITY COUNCIL MEETING

Monday, January 14, 2008

A Regular Meeting of the Ferndale City Council was held Monday, January 14, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:30 p.m.

1. PLEDGE OF ALLEGIANCE AND SCHOOL SONG

Led by the Roosevelt School Crossing Guards.

2. MUSICAL PERFORMANCE

Presented by Ferndale High School Students.

3. INVOCATION

Delivered by Reverend Dennis Paulsen of Ferndale First United Methodist Church.

4. INAUGURATION OF THE FORTY-FIRST FERNDALE CITY COUNCIL

Honorable Joseph Longo, Judge of the 43rd District Court, Ferndale Division administered the Oath of Office to:

Mayor Craig S. Covey

Councilman Michael B. Lennon

Councilwoman Kate Baker

5. ROLL CALL OF THE FORTY-FIRST FERNDALE CITY COUNCIL

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

Absent: None.

6. INAUGURATION OF THE SECOND FERNDALE LIBRARY BOARD

Mayor Covey administered the Oath of Office to Library Trustee Mary Ann Neal. Library Trustee Warner was unable to attend the ceremony.

7. APPROVAL OF AGENDA

001. Moved by Councilwoman Gumbleton, seconded by Councilman Galloway, to approve the agenda as amended to correct Consent Item I to read, "to adopt the 2005 Michigan Edition of the International Electrical Code" and to withdraw Regular Agenda Item D, Consideration of Devon Square PILOT Ordinance, at the petitioner’s request.

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

NAYS: None

MOTION CARRIED

8. PRESENTATIONS

002. Senator Gilda Jacobs

Senator Jacobs welcomed Mayor Covey, Councilman Lennon and Councilwoman Baker to their newly elected positions.

003. Mayor Craig Covey

Mayor Covey addressed Ferndale’s residents with a message for the New Year about the future of Ferndale and his plans for his tenure.

004. Holiday Display Beautification Awards

Peggy Snow, representing the Ferndale Beautification Commission, presented the Commercial Award to State of the Art Custom Framing & Gallery, 918 West Nine Mile Road.

Residential Awards were presented to John Olson, 650 Allen; Sean Kinney, 316 Ardmore; Rick and Lisa Mullen, 872 West Lewiston; and Ken Arnold and Adam Know, 149 East Breckenridge.

005. Ferndale Public Schools

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

006. Hazel Park Public Schools

Sharon Hawkins, Community Education Supervisor for Hazel Park Public Schools, reported on activities throughout the Hazel Park Public Schools community.

007. CALL TO AUDIENCE

The following persons spoke in opposition to the proposed Principal Shopping District (PSD):

Linda Robbins, House of Chants.

Keith Priemer, representing the Ferndale Association of Businesses. In excess of 35 audience members stood in support of the petition of opposition to the PSD as presented by FAB.

AJ O’Neil, AJ’s Café.

Tom Zukowsky, resident.

Tim McMahon, Ferndale Center Building.

Greg Pawlica, resident.

Daryl DePottey, Nature Nook.

Jeff Axt, Stella.

By a show of hands the majority of the audience members registered their opposition to the PSD.

Fred Minamyer, VFW, complained about being required to apply and pay for a Business Registration when the VFW is a non profit organization.

Joe Ehireop, VFW representative, echoed Mr. Minamyer’s statements regarding Business Registration.

Chad Hickox, Ferndale Environmental Impact Commission, reported on the Commission’s first two meetings and noted two more members are still needed. The primary functions of the Commission are to develop policy recommendations for Council and community education and outreach. The Commission’s next meeting will be Wednesday, January 16, 2008 at 6:30 p.m. at the Kulick Center.

Dave Coulter, Oakland County Commissioner, congratulated Councilwoman Baker, Councilman Lennon and Mayor Covey on their election. He reported he has appointed Alex Sennard to the Women’s Advisory Commission. He announced that he will be making an appointment to the Senior Citizen’s Advisory Commission and asked for interested persons to contact him.

Sean House, resident, asked Council to investigate the National Clean Elections Lawsuit which asks that use of electronic voting machines be discontinued because of errors. He asked that Council halt the use of the machines and hand count ballots.

Rev. Dennis Paulson requested donations of cash or time for the food pantries at Zion Church on Albany and First Baptist at Pinecrest and Nine Mile.

CONSENT AGENDA

Councilman Lennon left Council Chambers at 8:45 p.m.

Consent Agenda Items B, D and H were removed from the Consent Agenda to be considered after the Regular Agenda.

008. Moved by Councilman Galloway, seconded by Councilwoman Baker, to approve the Consent Agenda as corrected:

a. Approval of the Minutes of the Regular Meeting held December 26, 2007, as submitted by City Clerk.

C. Adoption of Interim changes to the FYE-2008 Budget, as submitted by Finance Director/Assistant City Manager Hubanks.

E. Approval to refer the suggested revision to the Sign Ordinance prohibiting reuse of prohibited signs to the Ordinance Committee for consideration and recommendation to Council, as submitted by CDS Director.

F. Approval to refer Revisions to Sign Ordinance Appeals Procedure to the Ordinance Committee, as submitted by CDS Director.

G. Approval to refer Revisions to Sign Ordinance – Special Event Sign Regulations to the Ordinance Committee for consideration and recommendation to Council, as submitted by CDS Director.

I. Approval of Ordinance No. 1040, amending the Ferndale Code of Ordinances, to adopt the 2006 2005 Michigan Edition of the International Electrical Code, as submitted by CDS Director.

J. Approval of Ordinance No. 1041, amending the Ferndale Code of Ordinances, to adopt the 2006 Michigan Edition of the International Mechanical Code, as submitted by CDS Director.

K. Approval of Ordinance No. 1042, amending the Ferndale Code of Ordinances, to adopt the 2006 International Plumbing Code, as submitted by CDS Director.

L. Approval of City Poverty Exemptions Policy Statement and Guidelines, as submitted by Assessor/Treasurer.

M. Approval of Invoices for Repairs to Snow-Plow Truck, as submitted by DPW Director.

N. Approval of Travel Resolution for Mayor Covey to travel to Lansing, MI, for the Inaugural State Of The State Address, as submitted by City Clerk.

O. Approval of License Agreement for use of municipal parking spaces, as submitted by City Manager.

P. Approval of the bills, payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

REGULAR AGENDA

Councilman Lennon returned to Council Chambers at 8:51 p.m.

A. Consideration of Amended City Council Rules of Procedure

009. Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the Rules of Procedure for the Ferndale City Council dated January 14, 2008.

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

NAYS: None

MOTION CARRIED

B. Appointment of Council Members to Boards and Commissions

1) Mayor Pro-Tem: Councilman Galloway

2) Board of Zoning Appeals: Mayor Covey

3) Brownfield Redevelopment Authority: Councilman Galloway

4) City Clerk Liaison Committee: Councilwoman Baker & Councilwoman Gumbleton

5) City Manager Liaison Committee: Councilman Lennon & Councilman Galloway

6) Construction Board of Appeals: Councilman Lennon

7) Employees Retirement System Board of Trustees: Councilwoman Baker

8) Ferndale Community Foundation: Mayor Covey and Councilwoman Gumbleton

9) Finance Committee: Councilman Galloway & Councilman Lennon

10) Fire Chief Liaison Committee: Councilwoman Baker & Councilwoman Gumbleton

11) Highway Committee: Councilman Lennon

12) Ordinance Committee: Councilman Galloway & Councilman Lennon

13) Plan Commission: Councilwoman Baker

14) Police and Fire Retirement System Board of Trustees: Councilwoman Gumbleton

15) Police Chief Liaison Committee: Mayor Covey & Councilwoman Gumbleton

16) Southeast Michigan Council of Governments (SEMCOG) and Alternate: Councilwoman Baker, with Councilwoman Gumbleton as alternate.

C. Consideration of Revisions to Sign Ordinance for Sandwich Board Signs

026. Moved by Councilman Lennon, seconded by Councilwoman Baker, to refer the Sign Ordinance, in regards to Sandwich Board Signs, to City Administrative Staff for consideration of revisions to allow an annual fee and to provide restrictions to discourage blight, and to request the final draft be brought forward for Council’s review within 60 days.

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

NAYS: None

MOTION CARRIED

D. Consideration of Devon Square PILOT Ordinance

Item D was withdrawn from the agenda at the petitioner’s request.

E. Consideration of Bond Cost Repayment Agreement with the Ferndale Public Library Board

No action was taken. The Council generally agreed that the Library Renovation and Expansion project should be moved forward as quickly as possible.

CONSENT AGENDA (continued)

B. Consideration of Resolution Requesting Comcast Cablevision to Preserve Channel Locations for Public, Governmental and Educational Access Channels

027. Moved by Councilwoman Gumbleton, seconded by Councilman Galloway, to adopt the Resolution requesting preservation of existing channel locations for public, educational and government access channels and to direct the City Clerk’s Office to forward copies to Comcast, the Intergovernmental Cable Community Authority, Community Media Network and to Ferndale’s County, State and Federal elected officials.

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

NAYS: None

MOTION CARRIED

D. Consideration of change of speed limit on Earle Blvd. from 15 mph to 25 mph in accordance with MCL 257.629, as submitted by Police Chief

028. Moved by Councilman Galloway, seconded by Councilman Lennon, to change the speed limit on Earle Blvd. from 15 MPH to 25 MPH to comply with MCL 257.629 and to direct the DPW to replace the current speed limit signs with 25 MPH speed limit signs.

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

NAYS: None

MOTION CARRIED

H. Consideration of Ordinance No. 1039, amending Zoning Ordinance No. 1004, regarding footnote 4.19 u – Mechanical and Electrical Unit Location and Screening

029. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the revision to Zoning Ordinance No. 1004 and No. 1007, footnote 4.19 u, as submitted, and to direct the City Clerk to publish.

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

NAYS: Council Member Lennon

MOTION CARRIED

030. COUNCIL LIAISON REPORTS

There were no reports.

CALL TO AUDIENCE (continued)

Ann Heler, representing Citizens for a Fair Ferndale, announced an information forum about establishing a free medical clinic to be held January 27, 2008 at AJ’s Café, from 2:00 until 4:00.

Monica Mills, Co-Chair of Ferndale Blues Festival, announced the Blues Fest will be held January 25 – February 2, with 22 venues participating and over 80 concerts or events.

Noel Schuller, resident, commended the Ferndale Police Dept. He also voiced opposition to the PSD.

Rev. Paulson opposed the PSD.

Robert Porter thanked members of Council for their continued service to the City and commended Councilwoman Baker on her first Council meeting. Mr. Porter passed along Congressman Levin’s good wishes to the new Council.

CALL TO COUNCIL

031. Police Chief Kitchen congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon.

032. Fire Chief Schmidt congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon.

033. Recreation Director Hall reported online registrations are up 20% and facility rentals are up 60% from the same period last year.

034. Councilman Andy LeCureaux, Hazel Park, welcomed Councilwoman Baker.

035. City Clerk Tallman congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon. Ms. Tallman reminded residents of the Primary Election on Tuesday, noting voters should report to their regular precincts to vote, and invited the public to attend the Public Accuracy Test of voting machines prior to every election.

036. City Manager Bruner congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon. Mr. Bruner encouraged citizens to call or write his office with their issues.

037. Attorney Christ congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon.

038. Councilwoman Baker congratulated Mayor Covey on a well-run meeting, congratulated Councilman Lennon on his election and extended well wishes to her brother and sister-in-law on the birth of their baby. Councilwoman Baker announced the Chamber of Commerce is hosting three information meetings on the proposed PSD on January 16 at 9 am, 2 pm and 7 pm at the Chamber.

039. Councilwoman Gumbleton congratulated Mayor Covey, Councilwoman Baker and Councilman Lennon and commended Mayor Covey for a well-run meeting. Councilwoman Gumbleton encouraged citizens to contact Council Members with concerns, noting that their comments do not have to wait until a Council meeting.

040. Councilman Lennon noted the recession in Michigan is not going to be resolved quickly and said it is time to start saving and he doesn’t support spending money on statues or taxes.

041. Councilman Galloway commended the Council for their growth and work. He noted the DDA meetings are very sparsely attended and advocated concerned residents get involved in issues during the process not just at the last minute. Councilman Galloway commented on the inflammatory language used on the anti-PSD website. Councilman Galloway announced the Primary Election will be held tomorrow and voiced disappointment in the Governor and the State Legislature for robbing him of his right to vote for the candidate of his choice. He announced opening of Anita Kitchen’s on Woodward.

042. Mayor Covey shared a humorous story about the mayor of Arlington, Oregon.

ADJOURNMENT

Mayor Covey adjourned the meeting at 10:16 p.m.

Craig S. Covey, Mayor

J. Cherilynn Tallman, City Clerk