City Council - March 24, 2008

SUMMARY

FERNDALE CITY COUNCIL MEETING

Monday, March 24, 2008

A Regular Meeting of the Ferndale City Council was held Monday, March 24, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:35 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None.

3. APPROVAL OF AGENDA

136. Moved by Baker, seconded by Galloway, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

137. Acknowledgement of 2006 Employee Service Awards

Mayor Covey noted the Employee Service Awards ceremony was not held in 2007, and Council read the list of employees who reached 10, 15, 20, 25 and 30-year service plateaus in 2006.

138. Police Chaplain Corps

Three representatives of the Police Chaplain Corps presented Bibles for all members of the Ferndale Police Department and members of the Police Auxiliary.

139. Ferndale Environmental Impact Commission (EIC)

Ken Veenstra, Lynna Kaucheck, Jeff Brandon and Liz Newell, on behalf of the EIC, presented the Commission’s recommendations on Pedestrian Recycling Receptacles, Green House Gas Emissions Inventory, Sustainable Purchasing Policy, Green Building and Municipal Vehicles.

140. Woodward Avenue Tribute Design

Deborah Schutt, Woodward Avenue Action Association (WA3) Byway Coordinator, introduced Nina Butler, Program Director, summarized the history of the project, and then presented the design.

140. Moved by Galloway, seconded by Gumbleton, to approve the Woodward Avenue Tribute design presented at the Monday, March 24, 2008 Regular Meeting of the Ferndale City Council and to authorize the project to move forward.

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

NAYS: None

MOTION CARRIED

141. Severe Weather Awareness Week

Fire Chief Schmidt announced Severe Weather Awareness Week is April 6-12. He reported the regular tornado siren testing scheduled for April 5 has been suspended, and a special test will be held on April 9, at 11:30 a.m.

142. Proposed Model Water Services Contract

City Manager Bruner, Department of Public Works (DPW) Director Photiades and the City’s engineering consultant explained the provisions of the proposed Model Water Service Contract which will be used as a template by all of Detroit Water and Sewerage Department’s (DWSD) customers.

143. CALL TO AUDIENCE

Jerry Olli announced a Southeast Oakland Coalition Town Hall Meeting on March 31, 2008, at 7:00 p.m. on the subject of underage drinking prevention. The meeting will be held at the Days Hotel on Nine Mile Road in Hazel Park.

Keith Dalton noted the worldwide interest in the recent "Danny Boy" marathon at AJ’s Café.

AJ O’Neal asked Mayor Covey and Councilman Galloway for letters documenting the "Danny Boy" marathon for the Guinness Book of World Records.

DPW Director Photiades, responding to a question from a resident, reported the paving of West End is scheduled to start on Monday.

Charles and Vacera Green, noting the City’s interest in recycling, presented information on water pouches from a company called AquiEssence which uses 70% less energy to produce and holds 40% more water than plastic bottles.

CONSENT AGENDA

Councilman Galloway requested Item E be removed from the Consent Agenda for consideration following the Regular Agenda.

144. Moved by Lennon, seconded by Gumbleton, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Special and Regular City Council Meetings held March 13, 2008, as submitted by City Clerk.

B. Approved a Special Event Permit for Jo Anne Spiro., for the Spiro-Ferrari wedding to be held on Saturday, August 2, 2008 from 3:00 p.m. until 7:00 p.m., at Geary Park, as submitted by City Clerk.

C. Approved a Special Event Permit for Lynda Sykes., for the Cox/Zimmerman/Benson Family Reunion to be held on Saturday, July 19, 2008 from 8:30 p.m. to 4:00 p.m., at Martin Road Park, as submitted by City Clerk.

D. Approval of Class C Liquor License Renewal Resolution, as submitted by City Manager.

F. Approved the low bid of $335,770 of Inland Waters Pollution Control, Inc., 2021 South Schaefer Hwy, Detroit, to televise and clean 45% of the City’s combined sanitary/storm water sewer system for possible rehabilitation, and to charge the expense to the Water/Sewer/Streets Capital Fund, account number 410-977, as submitted by DPW Director.

G. Approved the low bid of $137,465 of Alpha Electric, Inc., 39349 Mound Road, Sterling Heights, to provide the work and materials for improving the intersection of Woodward Heights Blvd. and Hilton Road with new traffic signals, poles and mast arms, and to charge the expense to the Major Streets Fund, Capital, account no. 202-977, as submitted by DPW Director.

H. Approved the second amendment to the Development Agreement as requested by Robert Wolfson / Lofts on the 9 LLC, for an extension from the June 30, 2008 completion date to December 31, 2008 for the mixed use development currently under construction on the property located at 211 East Nine Mile Road and to authorize the Mayor and City Clerk to sign the amended Agreement., as submitted by CDS Director.

I. Scheduled the required public hearing for Monday, April 14, 2008, for the purpose of the City of Ferndale establishing Plant Rehabilitation and Industrial Development District # 2008-01, as requested by Betterform, Inc., for the property commonly known as 1135 E 9 Mile 24-25-26-360-007, with the following legal description: T1N, R11E, SEC 26 EAST URBANREST SUB LOTS 9 TO 14 INCL, ALSO 1/2 OF VAC ALLEYS ADJ TO SAME, ALSO LOTS 23 TO 28 INCL EXC S 15 FT TAKEN FOR NINE MILE RD, ALSO 1/2 OF VAC ALLEYS ADJ TO SAME BLK 5 4-27-94 FR 002, 003 & 004, as submitted by Assessor/ Treasurer.

J. Adopted the Resolution Granting Concessionaire License for Charles Green of Diesel Enterprises LLC, d/b/a "C&C Hotdogs and More", contingent upon applicant supplying the City Clerk’s Office with its Michigan sales tax license and upon the satisfactory completion of the Police Department’s investigation of the applicant., as submitted by City Clerk.

K. Approved the bills and payrolls as certified by the 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. Consideration of appointment of Deb Olsen to the Environmental Impact Commission for a term ending December 31, 2010.

145. Moved by Galloway, seconded by Baker, to confirm the appointment of Deb Olsen to the Environmental Impact Commission for a term ending December 31, 2010.

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

NAYS: None

MOTION CARRIED

B. Consideration of appointment of Erica Nader to the Disability Advisory Committee.

146. Moved by Baker, seconded by Gumbleton, to confirm the appointment of Erica Nader to the Disability Advisory Committee.

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

NAYS: None

MOTION CARRIED

C. Consideration of Devon Square:

1) Municipal Services Agreement; and

2) PILOT Ordinance No. 1045, which would Amend Ordinance No. 731, Section 7-31 through Section 7-38.

147. Moved by Galloway, seconded by Baker, to approve the attached Municipal Services Agreement and Tax Exemption Ordinance and authorize the Mayor and City Clerk to sign the Agreement.

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

NAYS: None

MOTION CARRIED

D. Consideration of proposal for Facility Feasibility Study

148. Moved by Galloway, seconded by Baker, to approve the attached agreement with Plante Moran CRESA, and authorize the Mayor and City Clerk to sign it, contingent upon revision of Paragraph 8 allowing the City of Ferndale to terminate the agreement without cause and upon the City Attorney’s and the City Manager’s approval of the revised language. Funding will be used from Public Improvement Fund #245-818.

AYES: Council Members Baker, Galloway, Gumbleton

NAYS: Council Member Lennon, Mayor Covey

MOTION CARRIED

CONSENT AGENDA (continued)

E. Consideration of Custodial-Maintenance Services bid award and Agreement for the City Hall, Police Station, City Yard and Library

149. Moved by Galloway, seconded by Baker, to approve the low bid of $205,625 of American Cleaning, 52844 Karon Drive, Macomb Twp., to provide custodial-maintenance services for the City Hall, Police Station, City Yard and Library for three years beginning July 1, 2008, and to charge the first year expense of $67,445 as follows: $38,150 - DPW General, Bldg. Maintenance, #101-441-931; $16,892 - City Yard - Equipment Fund, Bldg.Maintenance, #661-000-931; and $12,403 – District Library, Bldg.Maintenance, #271-000-931, as submitted by DPW Director.

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

NAYS: None

MOTION CARRIED

150. COUNCIL APPOINTEE REPORT – CHIEF OF POLICE

Chief Kitchen noted a decline in crime statistics for 2008.

Regarding the demise of the Fire Consolidation Feasibility issue, Chief Kitchen reported there were no savings to be realized by Ferndale by consolidating dispatch services.

151. COUNCIL LIAISON REPORTS:

C. South Oakland County Mayors Association (SOCMA). City Manager Bruner reported that the attorney representing Meridian Twp. and the City of Dearborn in a lawsuit against cable companies was present and provided an update on Comcast’s attempt to change the location of public access channels. The action has been stopped for now and the legal process will continue.

CALL TO COUNCIL

152. Fire Chief Schmidt noted the Department’s Annual Report was distributed last week and commended his clerical staff and officers for their work on the report. Fire Chief Schmidt indicated his firefighters were complimented by the pastor of the Presbyterian church on their fast and efficient response to a fire at the church over the weekend.

153. City Clerk Tallman reported the Michigan House adjourned last week without taking up legislation to schedule a "re-do" of the Democratic presidential primary election in June.

154. City Manager Bruner passed along compliments from the City’s business owners on the DPW’s excellent snow removal services this winter, and indicated he will be bringing forth a Resolution of thanks for DPW’s outstanding work during this difficult winter.

155. Councilwoman Gumbleton reminded Council members to submit their suggestions for goals for the Appointees by Sunday to the appropriate Liaison Committees. The Liaison Committees are to meet with the Appointees to discuss the goals prior to the April 14 Council meeting. Councilwoman Gumbleton announced that the owners of the former Old Navy store are willing to have the painted to improve the look of the empty building and asked interested volunteers to contact City Hall.

156. Councilman Galloway extended his thanks to everyone who participated in the "Danny Boy" marathon.

157. Councilwoman Baker appreciated the anecdotal format of the Fire Department’s Annual Report and felt it should be posted on the City’s website. Councilwoman Baker announced the Plan Commission is working diligently to get the Master Plan to Council and noted they are working on the Plan without a paid consultant.

158. Councilman Lennon asked to have an amendment to the Council Rules of Procedures considered at the next Council meeting. Mayor Covey agreed to place on the agenda a possible amendment allowing any Council Member to place an item on the agenda. Councilman Lennon announced Jack Aronson of Garden Fresh Salsa is planning a fundraiser for breast cancer awareness at Martin Road Park to be held on June 8.

159. Mayor Covey reported the Ferndale Free Clinic project is progressing well. Mayor Covey announced Citizens for a Fair Ferndale is holding their annual Good Neighbors-Strong Community awards ceremony on Wednesday, April 9, at the Elks. Mayor Covey asked that the appointment of Timothy Risk to the Environmental Impact Commission be placed on the next Council agenda. Mayor Covey asked the City Manager to address the timing of citation given to AJ’s Café on St. Patrick’s Day for painting a logo on the back wall.

Mayor Covey recessed the meeting at 10:11 p.m. and reconvened the meeting at 10:21p.m.

CLOSED SESSION

A. Discussion of case settlement pursuant to MCL 15.268 (e).

B. Consideration of Attorney Opinion pursuant to MCL 15.268 (h).

160. Moved by Gumbleton, seconded by Galloway, to recess into Closed Session for the purposes of discussion of case settlement, pursuant to MCL 15.268(e) and consideration of Attorney Opinion pursuant to MCL 15.268(h).

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

NAYS: None

MOTION CARRIED

Mayor Covey recessed the meeting into Closed Session at 10:22 p.m., and reconvened the Regular Meeting at 10:56 p.m.

161. Moved by Galloway, seconded by Lennon, to approve the settlement agreement of $150,000 in the matter of Preyor v City of Ferndale, et al, Claim No. 03·058-007 CVR, as recommended by Attorney Seward.

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

NAYS: None

MOTION CARRIED

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:57 p.m.

J. Cherilynn Tallman, City Clerk