City Council - January 28, 2008

FERNDALE CITY COUNCIL MEETING

Monday, January 28, 2008

A Regular Meeting of the Ferndale City Council was held Monday, January 28, 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

2. ROLL CALL

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

Absent: None.

3. APPROVAL OF AGENDA

043. Moved by Galloway, seconded by Gumbleton, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

044. Fire Inspector of the Year

The Oakland County Fire Prevention Society presented Fire Marshal Brian Batten with the "Fire Inspector of the Year" award.

Mayor Covey left Council Chambers at 7:39 p.m., and Mayor Pro Tem Galloway assumed the Chair.

045. Ferndale Chamber of Commerce

Mailè Ilac Boeder, Ferndale Chamber of Commerce Executive Director, introduced the 2008 Board of Directors and provided an update on upcoming events.

Mayor Covey returned to Council Chambers at 7:42 p.m. and resumed the Chair.

5. PUBLIC HEARINGS

A. Consideration of Resolution relative to the Brownfield Plan submitted by Integrated Tax Strategies, LLC for a mixed use project on the property located at 22840 Woodward and the property known as the Vester parking lot, known as the Trio Lofts.

Mayor Covey opened the Public Hearing at 7:42 p.m.

Julie May, Bravata Holdings, shared plans for use of the Trio Building as a mixed use development.

There being no further comments, Mayor Covey closed the Public Hearing at 7:45 p.m.

046. Moved by Galloway, seconded by Lennon, to adopt the attached Resolution relative to the Brownfield Plan submitted by Integrated Tax Strategies, LLC for a mixed use project on the property located at 22840 Woodward and the property known as the Vester parking lot, to be known as the Trio Lofts.

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

NAYS: None

MOTION CARRIED

B. Consideration of tabling the Public Hearing regarding the Center of Educational Excellence of Higher Learning for a Day Care Center Special Land Use, 914 Livernois, until the Plan Commission forwards a recommendation to Council.

No action will be taken by Council on the request until the Plan Commission forwards a recommendation to Council.

C. Consideration of tabling the Public Hearing regarding the PSD and the 2ML Levy.

Mayor Covey opened the Public Hearing at 7:48 p.m.

Tiffani Gagne asked about the issues that caused the postponement. City Attorney Christ explained the memo submitted by the DDA Director raised a series of questions which should be addressed prior to further action.

Marlin Berg asked if he could remove his property from the DDA. City Attorney Christ noted the DDA boundaries are set by ordinance, therefore amending the boundaries would require Council action.

Mary Tsovris, Helena’s Salon, opposed the DDA.

There being no comments, closed the Public Hearing at 7:55 p.m.

D. Consideration of Resolution of Special Land Use for fuel blending at Gage Products, 515 and 625 Wanda

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

Brad Venman, NTH Consultants, presented the findings of their partial assessment of current operations at Gage Products, noting the environmental operations at the Gage facility are sound and appear to be well managed.

Paul Bohn, attorney for Gage Products, explained the scope of the project Gage is proposing.

Janet Narich opposed the granting of a Special Land Use Permit and requested specific conditions be placed on a Permit if granted by Council.

Mr. Bohn disputed the facts as represented by Ms. Narich.

There being no further comments, Mayor Covey closed the Public Hearing at 8:34 p.m.

047. Moved by Lennon, seconded by Baker, to adopt the Resolution approving the second amendment to the Special Land Use permit for fuel blending operations at Gage Products Company located at 515 and 625 Wanda, with conditions, including revised language for #15 to read: In the event of a failure upon the part of Gage Products, its successors, grantees and assigns to satisfy any condition of this Special Land Use Permit, the City shall have all rights and remedies available at law, including such rights and remedies available under the provisions of the City of Ferndale Zoning Code and the provisions of P.A. 110 of 2006, as amended; and.

Mayor Covey left Council Chambers at 8:51 p.m., and returned at 8:52 p.m.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:58 p.m.

048. CALL TO AUDIENCE

Tom King, Chair of the Fiscal Advisory Commission, presented the Commission’s final report.

Wyll Lewis announced the Ferndale Association of Businesses is holding a fundraiser dance for the Ferndale Foodbank on Saturday, February 16, 8:00 p.m. –midnight at the Gerry Kulick Center. He requested that KFRN be allowed to film the event.

Councilman Lennon returned to Council Chambers at 9:02 p.m.

AJ O’Neil announced a Danny Boy marathon at AJ’s Café from March 15 until 5:00 p.m. on March 17. Proceeds will benefit several area charities, an attempt will be made to set a record for the Guinness Book of World Records, and the event is generating national attention.

Dennis Paulson announced that Citizens for a Fair Ferndale are working toward establishing a free health clinic in Ferndale and noted the group meets monthly at the Methodist Church.

Trevor Johnson, director of Good Neighbors Community Garden, reported on the group’s activities and appealed for volunteers.

Janet Narich announced the Department of Environmental Quality, Air Quality Division, is holding a public comment period until February 6, 2008 on draft renewal of a Renewable Operating Permit under consideration to be issued to Gage Products Company.

Councilwoman Gumbleton left Council Chambers at 9:15 p.m. and returned at 9:17 p.m.

Patrick Sheehan, Ferndale Fire Department, announced the Department’s plans to use higher technology alarms for the free smoke detector program and requested that permission be given to contact the City Attorney for assistance on amending the current application for the program. The Council generally agreed to the request.

CONSENT AGENDA

049. Moved by Galloway, seconded by Gumbleton, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held January 14, 2008, as submitted by City Clerk.

B. Adopted of Revised Interim Financial Forecast, as submitted by Finance Director/Assistant City Manager Hubanks.

D. Confirmed the reappointment of Deena Kachadoorian to the Beautification Commission for a term ending December 31, 2010, as submitted by DPW Director.

E. Awarded the demolition contract for 2808 Goodrich to N&B Demolition Inc., authorized the Mayor to sign the contract, and directed the City Assessor to levy the cost of the demolition against the property, as submitted by CDS Director.

F. Approved of the bills and payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

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

NAYS: None

MOTION CARRIED

REGULAR AGENDA

A. Appointment to Boards and Commissions

1) Plan Commission

050. Moved by Lennon, seconded by Galloway, to appoint Tiffany Vorhies to the Plan Commission for a term ending December 31, 2010.

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

NAYS: None

MOTION CARRIED

2) Board of Zoning Appeals

051. Moved by Galloway, seconded by Lennon, to appoint Ms. Suzanne Hicks to the Board of Zoning Appeals for a term ending December 31, 2010.

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

NAYS: None

MOTION CARRIED

B. Consideration of Sandwich Board Signs

052. Moved by Galloway, seconded by Baker, to forward the suggested revisions to the Sign Ordinance relative to Sandwich Board Signs to the City Attorney and Ordinance Committee for consideration and recommendation to Council including requirement for insurance and license agreements.

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

NAYS: None

MOTION CARRIED

053. COUNCIL LIAISON REPORTS - None

CALL TO COUNCIL

054. Councilwoman Baker congratulated Fire Marshal Batten on his award and thanked him for his participation and contributions on the Gage Products SLU discussion at the Plan Commission meeting. Councilwoman Baker reinforced previous comments regarding the Citizens for a Fair Ferndale medical initiative and appealed for volunteers from all areas of the medical field. Councilwoman Baker stated that she hopes the constructive dialogue will continue among all parties on the Principal Shopping District.

055. Councilman Lennon announced the Blues Fest is underway, and he thanked City Clerk Tallman for the smooth conduct of the January 15, 2008 Presidential Primary election.

056. Councilwoman Gumbleton congratulated Fire Marshal Batten on his award and thanked him for his excellent representation of the City. Councilwoman Gumbleton asked that Council Appointees fill out their Employment Evaluations and that Council Members also fill them out for each of the four Appointees, and indicated she will tabulate the scores for each Appointee prior to the scheduled Performance Evaluations. Councilwoman Gumbleton asked that the rail at the Library leading from the parking lot to the drop boxes be repaired. Councilwoman Gumbleton issued a reminder to residents to clear their sidewalks of snow and ice. Councilwoman Gumbleton asked why there has been a railroad container sitting at the City Yard for over a month.

057. Mayor Covey announced the Blues Fest is in full swing. As part of the festivities a reception for former Mayor Robert Porter will be held at 9:00 p.m. on Thursday, January 31, 2008 at Dino’s followed by a performance by the Reefer Men at 9:30. Mayor Covey also announced a fundraiser BBQ Rib Cook-off is being held on Saturday, February 2, 2008 on the west side of the Library building with proceeds to benefit local charities. Mayor Covey noted a recent newspaper story about Amichi’s restaurant in Berkley being certified as a green restaurant and asked that it be passed along to the Environmental Impact Commission. Mayor Covey also asked the City Manager to determine the status of the church near the corner of East Nine Mile behind Como’s, because the Ferndale Historical Society is interested in preserving it as a historical building.

ADJOURNMENT

Mayor Covey adjourned the meeting at 9:37 p.m.