City Council - April 14, 2008

FERNDALE CITY COUNCIL MEETING

Monday, April 14, 2008

A Regular Meeting of the Ferndale City Council was held Monday, April 14, 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

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

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

163. Ferndale Public Schools

Stephanie Hall provided an update on the accomplishments of Ferndale students and upcoming activities sponsored by Ferndale Public Schools.

164. Ferndale Public Library

164. Moved by Mayor Covey, supported unanimously, to adopt the Resolution in support of National Library Week.

ADOPTED UNANIMOUSLY

165. DPW Resolution of Appreciation

165. Moved by Mayor Covey, supported unanimously, to adopt the Resolution commending the Department of Public Works for their snow-removal efforts during this winter season.

ADOPTED UNANIMOUSLY

5. PUBLIC HEARINGS

A. Special Land Use application submitted by the Center of Educational Excellence of Higher Learning for a day care center at 914 Livernois

166. Moved by Galloway, seconded by Lennon, to table the Public Hearing on the Special Land Use application for a day care center to be located at 914 Livernois until the May 27, 2008 Council meeting.

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

NAYS: None

MOTION CARRIED

B. Establishment of Plant Rehabilitation and Industrial Development District # 39 as requested by Betterform, Inc. for property located at 1135 East Nine Mile

Mayor Covey opened the Public Hearing at 7:48 p.m. There being no public comments, Mayor Covey closed the Public Hearing at 7:49 p.m.

167. Moved by Baker, seconded by Gumbleton, to establish Plant Rehabilitation and Industrial Development District # 39 for the Property commonly known as: 1135 E 9 Mile 24-25-26-360-007 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.

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

NAYS: None

MOTION CARRIED

168. CALL TO AUDIENCE

Lynna Kaucheck, representing the Ferndale Environmental Impact Commission, provided green tips on landscaping.

Cristina Sheppard-Decius, Ferndale DDA Director, announced: 1) Ferndale has received a $120,000 grant for heritage tourism and wayfinding in the downtown area. 2) The DDA Board of Directors has voted unanimously to bring forward a proposal to City Council to repeal the Principal Shopping District Ordinance.

Tiffani Gagne invited Council members, residents and DDA members to the "No PSD" Committee meeting on Thursday, April 17, at Boogie Fever at 7:00 p.m.

Kelly Carne, advocating for the differently-abled in Ferndale, requested the City make its parks accessible.

Brian Cooley, Parks and Recreation Advisory Board, noted that accessible paths are on the Board’s agenda. Mr. Cooley reported the Arbor Day tree planting has been tentatively rescheduled for Friday, May 2nd at 10:00 a.m.

Larry Seville, representing Michigan’s Fallen, a private volunteer group, announced a need for volunteers for the Ferndale Memorial Day Parade. Information is available at City Hall or by calling Mr. Seville at 248-541-3913.

A resident on E. Breckenridge reported a chronic water leak emanating from a neighbor’s property and requested the City address it.

Julie Glaser, Publicity Chair for Ferndale Youth Assistance, provided information on a number of upcoming activities.

Charles Green, Diesel Enterprises, thanked the Ferndale Police Department, City residents for the positive response to his hotdog stand, and the Council for the business opportunity.

Harold Kirkwood, Director of Ferndale International Soccer Club, donated $1,000 to the City of Ferndale Parks and Recreation Department, noting it is one of two donations to be delivered this year.

7. CONSENT AGENDA

Item 7P, Bid Award for Minor Sidewalk and Masonry Services, was removed from the Consent Agenda for consideration following the Regular Agenda.

169. Moved by Galloway, seconded by Baker, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held March 24, 2008, as submitted by City Clerk.

B. Reappointed Kenneth Miller, Robert Babut, Douglas Davis, Ralph Sherman and Stephen Swartz to the Ferndale Arts and Cultural Commission for terms ending December 31, 2008, as submitted by City Clerk.

C. Reappointed Helen Gienapp to the Ferndale Arts and Cultural Commission for a term ending December 31, 2008, as submitted by City Clerk.

D. Approved the annual license of Kamlesh Patel for the operation of the 8-Wood Motel located at 330 W. Eight Mile Road. of 8-Wood Motel annual license to operate a motel, as submitted by City Clerk.

E. Approved the annual license of Dilip Patel for the operation of the Motorama Motel located at 100 W. Eight Mile Road

F. Approved the annual license of Jeremy Haberman for the operation of a Theatre and/or Moving Picture Show, the Magic Bag, located at 22920 Woodward Avenue., as submitted by City Clerk.

G. Adopted Resolution amending Concessionaire License for Charles Green of Diesel Enterprises LLC, d/b/a "C&C Hotdogs and More", as submitted by City Clerk.

H. Approved the License Agreements for Removal of Parking Meters for both Howe’s Bayou and Sakana Sushi Lounge, as submitted in conjunction with the applicants’ Sidewalk Café License Applications, as submitted by City Clerk.

I. Approved the DWSD Model Water Contract between the City of Detroit and the City of Ferndale and authorized the Mayor and City Clerk to execute the Agreement and forward same to City of Detroit, as submitted by City Attorney.

J. Approved First Amendment to the Memorandum of Understanding between the Woodward Avenue Action Association and the Local Government Agency related to the Woodward Avenue Tributes project located in MDOT right of way or city property, as submitted by City Attorney.

K. Authorized payment to R & R Fire Truck Repair of Northville, Michigan in the amount of $3,285 for a replacement alternator for the 2002 Pierce (Engine 4). Funds for this purchase are available in Account # 661-000-775, Motor Pool Repair and Maintenance., as submitted by the Fire Chief.

L. Adopted the Notice of Intent Resolution to issue and sell General Obligation Capital Improvement Bonds for Water System Improvements, DWRF Project No. 7217, in an amount not to exceed $2,000,000, as submitted by Finance Director/Assistant City Manager.

M. Approved the low bid of $3,998 of Wireless Resources, 1454 East Lincoln, Madison Heights, to provide and install emergency lights and sirens on four police detective vehicles, and to charge the expense to the Vehicle and Equipment fund, account no. 661-977., as submitted by DPW Director.

N. Approved the bid of $12,361 of American Fence and Supply Co., Inc., 21200 Schoenherr, Warren, to install an automatic sliding entrance gate at the Southwest Storage Yard, and to charge the expense to the Sanitation Fund, Capital, account no. 226-977., as submitted by DPW Director.

O. Approved the bid of $10,950 of West Metro Door & Window, Inc., 25739 Van Born, Taylor, to widen a vehicle entrance of the city yard garage building and to replace its door, and to charge the expense to the Public Improvement Fund, Capital, account no. 245-977., as submitted by DPW Director.

Q. Approved the bid of $34,576 of The Thomas Company, 1933 Pinecrest, Ferndale, to construct an enclosure for a trash compactor in the public alley south of 130 East Nine Mile Road, and to charge the expense to the Sanitation Fund, Capital, account no. 226-977., as submitted by DPW Director.

R. Approved referral to the Ordinance Committee an Amendment to Chapter 16, Sec. 16-11 (Snow Emergencies) of the Code of Ordinance regarding the issuing of Municipal Civil Infraction Citations, as submitted by DPW Director.

S. Approved request of Ferndale Recreation to use the streets of Ferndale on Sunday, May 18, 2008 for the 22nd Annual Ferndale Foot Frolic; and to coordinate the street closures with the Ferndale Police and DPW, as submitted by Recreation Director.

T. Approved the SMART Contract for Specialized Services Operating Assistance Program FY- 2008 and authorize the Mayor to sign contract., as submitted by Director of Senior Services.

U. Approved Nutrition Service Contract with Emerald Food Services and authorized the Mayor to sign, as submitted by Director of Senior Services.

V. Approved the request to purchase upgraded Cable TV (WFRN) equipment in the amount of $17,484, charged to account number 101-296-977, Capital Outlay., as submitted by WFRN-TV Coordinator.

W. Approved 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 MemberLennon

MOTION CARRIED

8. REGULAR AGENDA

A. Appointments to Boards

1) Timothy Risk to the Environmental Impact Commission for a term ending December 31, 2010

170. Moved by Baker, seconded by Galloway, to confirm the appointment of Timothy Risk 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

2) Jessica Simmons to the Arts and Cultural Commission for a term ending December 31, 2009

171. Moved by Baker, seconded by Gumbleton, to appoint Jessica Simmons to the Ferndale Arts and Cultural Commission for a term ending December 31, 2008.

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

NAYS: None

MOTION CARRIED

B. Consideration of membership in the International Council for Local Environmental Initiatives (ICLEI) and Appointment of Elected Official Liaison

172. Moved by Galloway, seconded by Baker, to join ICLEI-Local Governments for Sustainability, approve the expenditure of membership dues in the amount of $600 to be funded from account 101-172-958 and appoint Council Member Gumbleton to be the elected official liaison to ICLEI.

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

NAYS: None

MOTION CARRIED

C. Consideration of Sidewalk Sale

Council asked the City Attorney to draft a Right-of-way Use Agreement to address liability, indemnification, and height restrictions to protect health, safety and welfare for Council’s consideration on April 28, 2008.

D. Consideration of Brownfield Development Agreement, Trio Mixed Use Project, 22840 Woodward

173. Moved by Lennon, seconded by Baker, to approve the Development Agreement relative to the Brownfield Plan submitted by Integrated Tax Strategies, LLC and Bravata Holdings V, 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, with reimbursement capped at $100,000 in five (5) years and to authorize the Mayor and City Clerk to sign the Agreement.

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

NAYS: None

MOTION CARRIED

E. Consideration of AccumedWeb.Com Subscription Agreement and Accumed Billing Service Agreement

174. Moved by Baker, seconded by Gumbleton, to approve a five (5) year Subscription Agreement with AccumedWeb.Com for EMS electronic billing and State reporting. And, approve a new five (5) year Billing Service Agreement with Accumed Billing, Inc. and authorize the Mayor to sign both agreements.

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

NAYS: None

MOTION CARRIED

F. Consideration of Appointee Goals and Wage Adjustments

Council will formally adopt each Appointee’s goals at the Council meeting of April 28, 2008.

175. Moved by Galloway, seconded by Baker, to conclude City Clerk Tallman’s probationary period early and grant the wage increase to $68,720, as set forth in the May 9, 2007 Employment Offer, effective immediately.

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

NAYS: None

MOTION CARRIED

176. Moved by Galloway, seconded by Lennon, to authorize a pay increase of 2% for Chief of Police Kitchen effective July 1, 2008 and request further information from Assistant City Manager/Finance Director Hubanks regarding Chief Kitchen’s request for other compensation adjustments.

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

NAYS: None

MOTION CARRIED

177. Moved by Galloway, seconded by Gumbleton, to authorize a pay increase of 2% for Fire Chief Schmidt effective July 1, 2008 and request further information from Assistant City Manager/Finance Director Hubanks regarding Chief Schmidt’s request for other compensation adjustments.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

178. Moved by Galloway, seconded by Lennon, to authorize a pay increase of 2% for City Manager Bruner effective July 1, 2008.

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

NAYS: None

MOTION CARRIED

G. Consideration to receive Draft Fiscal Year Ending June 30, 2009 Budget and schedule Public Hearing

179. Moved by Lennon, seconded by Baker, to receive the FYE-2009 Draft Budget as presented by the City Manager and schedule a Public Hearing on the Proposed FYE-2009 Budget for Monday, April 28, 2008 at 7:30 p.m.

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

NAYS: None

MOTION CARRIED

H. Consideration of FYE-2009 Budget Review Schedule

180. Moved by Lennon, seconded by Gumbleton, to approve the June 30, 2009 Budget Review Schedule as amended to change the April 23, 2008 meeting to April 22, 2008 at 6:00 p.m.

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

NAYS: None

MOTION CARRIED

I. Consideration of Amendment to City Council’s Rules of Procedure under the heading "Agenda Preparation" to allow any one Council Member to place an item on the Council’s agenda

181. Moved by Lennon, seconded by Gumbleton, to amend the City Council Rules of Procedure, as adopted on January 14, 2008, under the heading Agenda, Preparation, as follows:

Items of business may be placed on the agenda by the Mayor, any two (2) members one (1) member of the Council, or a Council Appointee (City Attorney, City Clerk, City Manager, Fire Chief or Police Chief). The deadline for Appointees to submit items to the Clerk’s Office and for all City staff to submit items to the Manager’s Office for a Council agenda is 12:00 noon on the Monday preceding the Monday Council meeting. All items shall be properly prepared on the standard template and shall contain a suggested motion for Council’s consideration.

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

NAYS: Council Member Galloway

MOTION CARRIED

J. Consideration of adoption of Resolutions saluting Ferndale Youth Recognition Awards Recipients

182. Moved by Gumbleton, seconded by Lennon, to approve the list of Ferndale Youth Recognition Awards recipients, which will be read at the next City Council meeting.

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

NAYS: None

MOTION CARRIED

7. CONSENT AGENDA (continued)

P. Consideration of proposal of Luigi Ferdinandi and Son Cement Company or a three-year contract to perform minor sidewalk and masonry services

183. Moved by Galloway, seconded by Gumbleton, to approve the proposal, rated the highest at 97.8 points, of Luigi Ferdinandi and Son Cement Company, 16481 Common Road, Roseville, for a three-year contract to perform minor sidewalk and masonry services.

AYES: Council Members Galloway, Gumbleton, Mayor Covey

NAYS: Council Members Baker, Lennon

MOTION CARRIED

184. COUNCIL APPOINTEE REPORT – CITY CLERK

City Clerk Tallman provided an update on activities in the Clerk’s Office.

185. COUNCIL LIAISON REPORTS:

A. 8 Mile Blvd. Association (8MBA) – Trees along Eight Mile will be cut back away from power lines this spring. Sidewalk ramps are being replaced and made ADA compliant. Resurfacing project begins this summer from the Lodge to I-94. The Detroit side of Eight Mile will be designated as a Major Commercial Corridor which will prohibit the opening of additional adult businesses along that corridor.

B. Michigan Suburbs Alliance (MSA) – Redevelopment Ready Program is on hold for restructuring. An Energy Office is being created which will help the City achieve the goals being proposed by the Environmental Impact Commission.

C. South Oakland County Mayors Association (SOCMA) – Will be meeting in Ferndale on Wednesday, May 14. All Council Members are invited to attend.

D. Southeast Michigan Council of Governments (SEMCOG) – A transportation survey is available on the website.

E. Transportation Riders United (TRU) – TRU is one of a coalition of organizations hosting a Capital Day in Lansing on April 22, 2008. More information on the website.

Michigan Municipal League – Region 1 Annual Meeting and Seminar on Friday, April 18.

CALL TO COUNCIL

186. DPW Director Photiades commended Jack Crowley’s leadership in snow removal.

187. Recreation Director Hall reported: 1) The AED unit has been delivered. 2) The 22nd Annual Foot Frolic will take place on May 18th. 3) Second training session on the new software takes place tomorrow, and the new website should be live on May 2, but online registration will not begin until June. 4) DPW was instrumental in getting the sports fields prepared for spring programs to begin. 5) Accessibility in City parks is an issue on both the Recreation Department and the Parks and Recreation Advisory Board’s agendas. 6) The Detroit Curling Club is working to establish a wheelchair curling program.

188. Fire Chief Schmidt reported on the assistance the Department rendered to Oak Park in a recent building fire with a life safety threat.

189. Chief of Police Kitchen announced the creation of three new pamphlets by Ken Kopek of the Auxiliary and Chaplain Corps. on business robbery, personal robbery and bank robbery. Chief Kitchen reported the armed robbers who hit Hungry Howies and Subway have been apprehended.

190. City Clerk Tallman noted the City has issued a Peddlers Permit to Universal Gas because they met ordinance requirements, but warned the company has been the subject of a Fox News Problem Solvers segment in response to consumer complaints about misleading claims made by the company.

191. City Manager Bruner, noting that the foreclosure crisis is increasing the number of vacant buildings and the problems associated with vacant buildings, reported he is meeting with the Chief of Police, Fire Chief, City Attorney and CDS Director to review the issue and determine how best to address them. He expects to have a report to submit to Council on April 28. City Manager Bruner announced the CDS Department is creating an online survey to find out what residents’ priorities are in terms of ordinance enforcement.

192. Councilwoman Gumbleton issued a reminder that April 22 is Earth Day.

193. Councilman Lennon noted an application for appointment to the Parks and Recreation Advisory Board has been received from Kenneth Huotari. Councilman Lennon requested a Resolution of Condolence be prepared for Hanne L. McChesney for the April 28th Council meeting.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:11 p.m.

J. Cherilynn Tallman, City Clerk