City Council - June 23, 2008

DRAFT

FERNDALE CITY COUNCIL MEETING

Monday, June 23, 2008

A Regular Meeting of the Ferndale City Council was held Monday, June 23, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:34 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None

3. APPROVAL OF AGENDA

Mayor Covey amended the agenda to include a presentation of Citizen Awards by the Police Department.

296. Moved by Galloway, seconded by Baker, to approve the agenda as amended.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Ferndale Community Foundation Grant Awards.

• Dan Martin presented Ferndale Community Foundation grants to:
• Michigan’s Fallen
• Peace Action of Michigan Education Fund
• Oakland/Livingston Human Services Agency
• Good Neighbors Garden
• Ferndale Youth Assistance
• Ferndale Senior Citizen’s Group
• Citizens for a Fair Ferndale
• Ferndale Education Foundation
• Public Art Project

B. Motor City Pride.

Fred Huebener, Event Chair, presented a recognition award to the City, updated the community on the success of the event, and extended thanks to all who assisted.

C. Citizen Appreciation Awards

Police Captain Tim Collins presented Citizen Appreciation Awards to Jason Storch and Randy Martin.

297. CALL TO AUDIENCE

• Timothy Risk, on behalf of Environmental Impact Commission, presented the EIC’s latest green tip.
• Doug Raber, Ferndale Public Library, acknowledged the exemplary services of the Ferndale Police Department, especially Police Officer Jeffrey Pierce and Detective Brendan Moore.
• Peggy Snow, Chair of Beautification Commission, presented the June Beautification Awards to:
• Commercial: Pete’s Place on Woodward Heights
• Residential: Jon Nettle on Chester
• Dean Smith on Pearson
• Erick Buchholz registered concern about Rosie O’Grady’s new location at the corner of Nine Mile and Allen adding to the already significant amount of noise at night.
• Former Mayor Robert Porter commended City Manager Bruner’s recent article in Ferndale Friends. Mr. Porter asked that a commendation for DTE be placed on the next Council agenda.
• CDS Director Marsha Scheer asked residents to visit the City’s website to fill out the code enforcement survey and to review and provide comments on the proposed Master Plan.

Councilman Lennon left Council Chambers at 8:11 p.m.

6. CONSENT AGENDA

Item B was removed from the Consent Agenda by Councilman Galloway to be considered following the Regular Agenda.

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

A. Approved the Minutes of the Regular Meeting held June 9, 2008, as submitted by City Clerk.

B. REMOVED FROM THE CONSENT AGENDA TO BE CONSIDERED FOLLOWING THE REGULAR AGENDA.

C. Approved the low bid of $170,995 of Allied Waste Industries for a three-year contract starting July 1, 2008, to haul and dispose of, as needed, tree wood, logs and stumps; construction and demolition debris; street sweepings; and water- and sewer repair spoils, and to charge the expense to the Sanitation Fund, Refuse Disposal, account number 226-808, as submitted by DPW Director.

D. Approved the low quote of $3,650 of B-n-S Electric, 860 Livernois, Ferndale, to re-support three light poles at Martin Road Park ball field number one, and to charge the expense to DPW General, Repair and Maintenance, account no. 101-441-775, as submitted by DPW Director.

E. Approved hiring a qualified candidate to fill the vacant Recreation Supervisor position as designated in the attached job description, as recommended by Recreation Director Hall.

F. Confirmed the re-appointment of Aaron Retish to the Police and Fire Board for a term ending in May, 2009, and confirmed the re-appointment of Greg Pawlica to the Police and Fire Board for a term ending in May, 2009, as submitted by City Clerk.

G. Approved 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, Mayor Covey

NAYS: None

ABSENT FROM TABLE: Council Member Lennon

MOTION CARRIED

7. REGULAR AGENDA

A. Consideration of Resolutions of Appreciation commending Sara Schillinger and Alex Bellak for their service to the Plan Commission in preparation of the Master Plan.

299. Moved by Mayor Covey, supported unanimously, to adopt the Resolutions of Appreciation commending Sara Schillinger and Alex Bellak for their service to the Plan Commission in preparation of the Master Plan.

ADOPTED UNANIMOUSLY

Councilman Lennon returned to Council Chambers at 8:15 p.m.

B. Consideration of adoption of Ordinance 1049 amending Chapter 6, Article I, in general, to add Section 6-3, to the Code of Ordinances of the City of Ferndale to waive permit fees undertaken to address accessibility issues for existing owner-occupied, single family dwellings.

300. Moved by Galloway, seconded by Baker, to adopt Ordinance No. 1049 amending Chapter 6, Article I, in general, to add Section 6-3, to the Code of Ordinances of the City of Ferndale to waive building permit fees undertaken to address accessibility issues for existing owner occupied, single family dwellings and to direct the City Clerk to publish notice thereof.

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

NAYS: None

MOTION CARRIED

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

1) Consideration of adoption of Ordinance 1050 amending Ordinances 992 and 1026, Article VIII, Signs.

2) Consideration of adoption of Ordinance 1051 an Ordinance Amending Chapter 2, Administration, Article III, Plan Commission, Adding Section 2-44 of the Code of Ordinances of the City of Ferndale.

301. Moved by Galloway, seconded by Baker, to adopt Ordinance No. 1051, amending the Sign Ordinance, including an annual permit fee of $70 per Sandwich Board Sign, associated changes to Chapter 2, Article III adding Section 2-44 authorizing the Plan Commission to consider appeals to the Sign Ordinance and to direct the City Clerk to publish notice thereof.

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

NAYS: None

MOTION CARRIED

302. Moved by Galloway, seconded by Gumbleton to adopt Ordinance No. 1050, amending the Sign Ordinance.

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

NAYS: Council Member Lennon

MOTION CARRIED

Councilman Lennon noted he is in favor of the ordinance but would prefer that business owners currently possessing permits for the white plastic signs be grandfathered.

B. Consideration of the FYE 2009 fee schedule with an effective date of July 1, 2008.

303. Moved by Galloway, seconded by Baker, to approve the attached fee schedule with an effective date beginning July 1, 2008, with the following changes:

Payment booklet for 8-monthly payments remain free of charge

Refunds – Processing Charge for Refund of Water bill overpayment, Refund of Tax bill overpayment, and Refund of Miscellaneous Invoice overpayment remain free of charge and that City staff be encouraged to investigate the possibility of applying overpayments to future bills; and

Board of Zoning Appeals Hearing: Residential appeals fee for Owner-occupied Single-family Homesteads be increased from $100 to $175.

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

NAYS: None

MOTION CARRIED

304. COUNCIL LIAISON REPORTS - none

CALL TO COUNCIL

305. Fire Chief Schmidt announced that the Foley Mansfield building has passed all tests from his department. Fire Chief Schmidt warned that methamphetamine producers are using propane tanks and cautioned residents to inspect tanks for corrosion which could indicate traces of dangerous chemicals.

306. City Manager Bruner reported the bike racks have been installed downtown. City Manager Bruner announced staff will be meeting with MSU Extension staff to research solutions to the gypsy moth problem.

307. City Clerk Tallman relayed a request from Diesel Enterprises LLC for an amendment to their Concessionaire License.

307. Moved by Galloway, seconded by Baker, to adopt the Resolution amending the Concessionaire License for Charles Green of Diesel Enterprises LLC, d/b/a "C&C Hotdogs and More", as submitted by the City Clerk.

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

NAYS: None

MOTION CARRIED

308. Councilwoman Gumbleton asked that consideration of the changes to retirement benefits as requested by the Chief of Police and the Fire Chief be placed on the July 14, 2008 Council agenda. Councilwoman Gumbleton requested placement of the bike rack by Fly Trap and Snap Fitness be corrected. Councilwoman Gumbleton asked for clarification on the use of tents in City parks.

309. Councilwoman Baker noted her participation in the Relay for Life event over the weekend and encouraged others to participate next year. Councilwoman Bake encouraged the City Manager and the CDS Director to help the DDA communicate full and correct information about the amendments to the Sign Ordinance regarding sandwich boards to business owners as quickly as possible.

310. Councilman Lennon expressed appreciation for the recent event in Ferndale honoring veterans and the American Flag. Councilman Lennon extended get well wishes to the co-owners of Western Market. Councilman Lennon announced Heart in the Park, a fundraising event for local charities, to be held on Saturday at Martin Road Park.

311. Moved by Galloway, seconded unanimously to receive the June 20, 2008, memo regarding the process for the Library renovation and expansion, the roles of the Plan Commission and the expectations of City Council and the Library Board and to express Council’s support for moving the process forward as described.

MOTION CARRIED UNANIMOUSLY

Councilman Galloway announced the Chamber of Commerce’s Business After Five event at The Post this Thursday at 5:00 p.m.

312. Mayor Covey extended get well wishes to Robert Mills. Mayor Covey encouraged residents to support Michigan businesses such as Kellogg’s, Archway Cookies, Melody Farms, Kowalski, Old Orchard, Kogels, Jiffy Mix, Faygo, Vernors, Spartan and Meijer stores, Better Made, Pioneer and Big Chief sugar, and Garden Fresh Salsa. Mayor Covey announced the Annual Pub Crawl on July 25, benefiting five local charities.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:04 p.m.

J. Cherilynn Tallman, City Clerk

ATTACHMENT A

CITY OF FERNDALE

RESOLUTION 2008-299(a)

Moved by Mayor Covey, supported unanimously, to adopt the following Resolution:

Sara Schillinger was appointed to the Ferndale Plan Commission on December 28, 2004; and

Sara Schillinger was reappointed to the Ferndale Plan Commission on September 24, 2007; and

During her tenure as a Plan Commissioner, Sara Schillinger served as the Vice Chair of the Plan Commission; and

Sara Schillinger’s commitment to Ferndale extends beyond her duties as a member of the Plan Commission as evidenced by her unstinting donation of time, energy and research in revising the City’s Master Plan to best serve the property owners of the City; and

Sara Schillinger has worked tirelessly to promote economic development in the City of Ferndale and has, through her efforts, contributed to the growth and prosperity of the City and has raised the profile of the City as a quality Community in which to live and work.

NOW THEREFORE BE IT RESOLVED that the Ferndale City Council, on behalf of Ferndale’s residents, business community and City staff, commends

Sara Schillinger

for her significant contributions to the City of Ferndale.

BE IT FURTHER RESOLVED that we extend our sincere appreciation for Sara Schillinger’s devotion, commitment, enthusiasm and excellent service to the City of Ferndale.

ADOPTED UNANIMOUSLY

ATTACHMENT B

CITY OF FERNDALE

RESOLUTION 2008 – 299(b)

Moved by Mayor Covey, supported unanimously, to adopt the following Resolution:

Alex Bellak was appointed to the Ferndale Brownfield Redevelopment Authority on May 9, 2005; and

Alex Bellak was reappointed to the Authority on October 8, 2007 and was elected as Chair of the Authority on January 15, 2008; and

During his tenure as a Director on the Ferndale Brownfield Redevelopment Authority, Alex Bellak volunteered to assist the Plan Commission; and

Alex Bellak’s commitment to Ferndale extended beyond his duties as a member of FBRA as evidenced by his unstinting donation of time, energy and research in revising the City’s Master Plan maps to best serve the property owners of the City; and

Alex Bellak has worked tirelessly to promote the City of Ferndale and has, through his efforts, contributed to the growth and prosperity of the City and has raised the profile of the City as a quality Community in which to live and work.

NOW THEREFORE BE IT RESOLVED that the Ferndale City Council, on behalf of Ferndale’s residents, business community and City staff, commends

Alex Bellak

for his significant contributions to the City of Ferndale.

BE IT FURTHER RESOLVED that we extend our sincere appreciation for Alex Bellak’s devotion, commitment, enthusiasm and excellent service to the City of Ferndale.

ADOPTED UNANIMOUSLY