City Council - December 22, 2008

Summary
FERNDALE CITY COUNCIL MEETING
Monday, December 22, 2008

A Regular Meeting of the Ferndale City Council was held Monday, December 22, 2008 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:36 p.m.

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

Absent: None

510. Moved by Lennon, seconded by Galloway, to approve the agenda as amended.

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

NAYS: None

MOTION CARRIED

Fire Chief Schmidt presented awards to Dina Krause and Breanne Nelson for their actions in reporting a fire and saving two dogs which were in the house. The quick report led to rescue of other animals in the house by the Fire Department. Chief Schmidt also presented an award to Susan Pagen for her quick response to a fire at her place of business which saved the Pioneer Building from serious damage.

DDA Director Shepard-Decious, Sharon Chess and Peggy Snow presented awards to the winners of the Warm Hearted Cookie Challenge and Winterfest Windows Competition; acknowledged the Holiday Ice Festival volunteers; and recognized retiring DDA Board members.

A representative for 22500 Woodward spoke on behalf of Ferndale Mobil and advocated for an amended special land use permit to allow outdoor sales/storage.

Bob Porter explained the original prohibition against outdoor storage was to address concerns about vehicles in various stages of repair being left in the lot. Mr. Porter supported the petitioner’s request and also suggested removing the requirement for two employees to be on-site during hours of operation.

Eric Bennett supported a compromise to allow outdoor sales/storage of some items.

511. Moved by Lennon, seconded by Gumbleton, to table consideration of the Special Land Use amendment to permit outside sales/storage at 22500 Woodward until the Plan Commission, no later than their February meeting, can review a site plan from the petitioner’s addressing what they want to do and addressing the seven points outlined in CDS Director Scheer’s memo for Agenda Item 5A.

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

NAYS: None

MOTION CARRIED

Julie Glazier, Ferndale Youth Assistance, announced Tim Horton’s is awarding two camp scholarships, and promoted the upcoming Blues Festival.

Donna Stern, By Any Means Necessary (BAMN), announced BAMN is continuing and intensifying their campaign against the Ferndale School District for operating two separate and unequal high schools in Ferndale. Five others, including Kelly Lewis, Liana Mulholland and Nonica Smith, also spoke on the issue and encouraged Ferndale City Council and residents to join their cause.

Mary Tsouris complained that the limited parking bays on Hilton Road were not cleared of snow.

Wyll Lewis, American Pop, relayed his wish that the cookie challenge include the downtown bakeries as he feels the current format competes with the businesses.

Tiffani Gagne thanked the Ferndale DPW for doing a great job on snow clearing on Friday, and expressed her disagreement with BAMN’s characterization of Ferndale.

Greg Pawlica thanked the Police and Fire Departments for their work in this cold weather and DPW for their quickness at clearing the streets of snow. Mr. Pawlica inquired about the number of tickets issued for vehicles not pulled off the streets during the snow emergency and about the procedure.

512. Moved by Lennon, seconded by Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held December 8, 2008, and the Special Meetings held December 12 and December 13, 2008, as submitted by City Clerk.

B. Approved the Minutes of the Special Meeting held May 29, 2007, as submitted by Deputy City Clerk.

C. Approved the purchase of two Motorola Motor Data Terminals at a cost of $10,390 (drug forfeiture expenditure) from Motorola Corporation and the removal and the installation of these MDT’s by Wireless Resources at a cost of $590, for a total project cost of $10,980.

D. Authorized payment to R & R Fire Truck Repair of Northville, Michigan in the amount of $8,257.17 for emergency repairs to the 1989 Seagrave aerial ladder truck. Funds for this expenditure are available in Account # 661-000-977, Motor Pool Capital Outlay..

E. Adopted Resolution authorizing Councilman Galloway to attend the National League of Cities Green Cities Conference and Exposition to be held in Portland, Oregon, from April 18-22, 2009, on behalf of the City of Ferndale.

F. Reappointed Veronica Lujic to the Downtown Development Authority (DDA) for a term ending December 2012.

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 Galloway, Gumbleton, Lennon, Baker, Mayor Covey

NAYS: None

MOTION CARRIED

1) Consideration of appointment of John Skok to fill the remainder of Susan Hicks’ vacant term on the Board of Zoning Appeals for a term ending December 31, 2010.

513. Moved by Lennon, seconded by Baker, to confirm the appointment of John Skok to fill the remainder of Susan Hicks’ vacant term on the Board of Zoning Appeals for a term ending December 31, 2010.

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

NAYS: None

MOTION CARRIED

2) Consideration of appointments of Tom Macdonald and Kevin Vettraino to the Planning Commission for terms ending December 31, 2011, and Jason Arnold to the vacated term ending December 31, 2009.

514. Moved by Baker, seconded by Lennon, to confirm the appointments of Jeff Helminski and Kevin Vettraino to the Planning Commission for terms ending December 31, 2011.

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

NAYS: None

MOTION CARRIED

515. Moved by Baker, seconded by Lennon, to appoint Luke Forrest to the Plan Commission to fill the vacated term ending December , 31, 2009.

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

NAYS: None

MOTION CARRIED

3) Consideration of reappointment of Luke Forrest to the Plan Commission for a term ending December 31, 2011.

No action was taken.

516. Moved by Lennon, seconded by Baker, to adopt Ordinance No. 1063, an ordinance to amend Chapter 7, Business Regulation and Licenses Generally, Article VI, Business Registration, of the Ferndale Code of Ordinances.

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

NAYS: None

MOTION CARRIED

517. Moved by Baker, seconded by Gumbleton, to adopt Ordinance No. 1064, an ordinance to amend the Zoning Ordinance to permit Massage establishments provided that they do not fit within the definition of an adult business to Section 4.10 C-2 zoning districts.

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

NAYS: None

MOTION CARRIED

518. Moved by Baker, seconded by Gumbleton, to adopt Ordinance No. 1065, an ordinance to amend the Zoning Ordinance No. 1004 to permit existing duplexes in the R-1 zoning district as a permitted use.

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

NAYS: None

Absent: Lennon

MOTION CARRIED

519. Moved by Lennon, seconded by Galloway, to adopt the Resolution requesting the City of Detroit to place a moratorium on water and sewer rate increases.

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

NAYS: None

MOTION CARRIED

520. Moved by Galloway, seconded by Baker, to adopt the amended Rules of Procedure to add 8. Public Hearings for Special Land Uses, to Section II. Meeting Procedure.

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

NAYS: None

MOTION CARRIED

521. Moved by Baker, seconded by Galloway, to approve the addendum supplementing the Agreement of Sale effective December 8, 2008 between Ferndale American Legion Memorial Home Association and the City of Ferndale for the land and premises situated at 1741 Livernois.

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

NAYS: None

MOTION CARRIED

City Manager Bruner reported on his progress toward 2008 goals and objectives.

10. COUNCIL LIAISON REPORTS - none

Wyll Lewis encouraged Council to consider changes to the Zoning Ordinance regarding outdoor sales/service.

Bob Porter thanked Mayor and Council and staff on their work to keep Ferndale the city it is, which he characterized as a step above the rest, and wished all a happy holiday.

522. DPW Director Photiades provided an explanation of the City’s snow removal process. Woodward and 8 Mile have top priority, followed by the 25 miles of major streets including Cambourne, then the 15 miles of local streets, and finally metered parking bays. Mr. Photiades noted the City is still under the state of snow emergency.

523. Fire Chief Schmidt reported Ferndale Goodfellows raised a total of $11,651.70.

524. Chief of Police Kitchen issued a reminder that cars parked on the street during a snow emergency will be ticketed, and after 48 hours will be declared abandoned and towed.

525. City Manager Bruner noted snow removal is funded by the State’s vehicle gas and weight tax, not by property taxes. Mr. Bruner reported he will be meeting with the South Oakland Shelter regarding their plans to open administrative offices in the First Baptist Church building in Ferndale and will report on his findings after the first of the year. Mr. Bruner emphasized there are no accommodations for a shelter in the subject building.

526. Councilman Lennon wished all a Merry Christmas and a happy holiday season. Councilman Lennon excused himself from the meeting at 9:52 p.m.

527. City Attorney Christ wished all a safe and happy holiday.

528. Councilwoman Baker announced the first annual fundraising dinner for FernCare to be held on April 2, 2009 at 6:00 p.m. at the Royal Oak Elks Club. Anticipated cost of tickets is $30.00. Councilwoman Baker expressed wishes for a happy Hanukah and happy holidays.

529. City Clerk Tallman recognized part-time staff member Marne Schmidt for her exceptional work in the Clerk’s office.

530. Councilwoman Gumbleton wished all a happy holiday season and thanked council and staff for participating in the recent goal setting process

531. Councilman Galloway noted 2008 was a good year and that Ferndale is poised for a good 2009. Councilman Galloway made note of the coming economic stimulus package. Councilman Galloway recognized Strategic Energy Solutions on Woodward, a geothermal energy leader in Michigan. Councilman Galloway wished all a Merry Christmas, happy Hanukah, and encouraged all to enjoy the holidays.

532. Moved by Mayor Covey, supported unanimously to adopt the Resolution of Condolence to the family of Kenneth Crafts.

ADOPTED UNANIMOUSLY

533. Mayor Covey recognized Loving Touch, a new pool hall in the City.

534. Moved by Mayor Covey, supported unanimously to adopt the Resolution of Condolence to the family of Robert (Bob) Mills.

ADOPTED UNANIMOUSLY

535. Mayor Covey wished all a safe holiday.

There being no objections, Mayor Covey adjourned the meeting at 10:00 p.m.

J. Cherilynn Tallman, City Clerk