City Council - July 27, 2009

Summary Draft

FERNDALE CITY COUNCIL MEETING

Monday, July 27, 2009

A Regular Meeting of the Ferndale City Council was held Monday, July 27, 2009 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

267. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve the agenda as amended to add Item No. 8E, Consideration of Amendment to Resolution 2009 – 241(I) Granting a Concessionaire License for Clayton A. Bowers of New Dawn Gardenscapes for a Farm Stand.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Downtown Development Authority

Presentation was deferred as no representatives of the DDA were present.

B. July Beautification Awards

Peggy Snow presented the following Beautification Awards for July 2009:

Commercial: Hilton Road Cafe

3150 Hilton

Residential: Steven Brincat

782 Gardendale

James and Tracey Green

840 Camden

5. PUBLIC HEARINGS

A. Request for Industrial Facilities Exemption Certificate (IFEC) – Ferndale Laboratories Inc.

City Manager Bruner presented the request for an Industrial Facilities Exemption Certificate as requested by Ferndale Laboratories Inc. for the property located at Sidwell Nos. 24-34-378-055 and 24-34-376-047, commonly known as 670-780 West Eight Mile Road.

Mayor Covey opened the public hearing at 7:35 p.m.

Mark Diekman, CFO, Ferndale Laboratories Inc., presented a timeline of the Michigan Tax Tribunal (MTT) hearings for real property for tax years 2003 and 2004 and for personal property in tax years 2004-2007. He requested Council move forward on the IFEC request while letting the MTT handle the 2008 and 2009 tax valuations.

There being no further comments, Mayor Covey closed the public hearing at 7:44 p.m.

268. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to direct the administrative branch of the City government to attempt to meet with the applicant to negotiate a written agreement between the City and the applicant, which the administration is prepared to recommend the Council approve, with the proposed agreement or a status report concerning the matter being brought back to Council for its further consideration within 60 days of July 9, 2009.

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

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Trevor Johnson, owner New Dawn Landscapes, introduced Jonelle Bobillot who will be managing the community farm stand. Ms. Bobillot shared plans for the future of the farm stand.

Tom Brown encouraged the Library Board to use union contractors for the library renovation project.

Mayor Covey returned to Agenda Item 4A, PRESENTATION - DDA.

A. Downtown Development Authority (DDA)

Jennifer Tobar presented an overview of the DDA’s design projects.

Mayor Covey returned to Agenda Item 6, CALL TO AUDIENCE.

Ann Heler, Board President for FernCare, promoted upcoming fundraising events for the free clinic.

Eric MacPhearson, AFL-CIO, encouraged the Library Board to use union contractors for the library renovation project.

Douglas Christie, Ferndale Environmental Impact Commission, presented the monthly Green Tip encouraging people to attend the Green Cruise event on Saturday, August 8.

Councilman Lennon left council chambers at 8:19 p.m.

7. CONSENT AGENDA

269. Moved by Councilwoman Baker, seconded by Councilman Galloway, to approve the Consent Agenda as submitted:

Approved the Minutes of the Regular Meeting held July 13, 2009.

Approved a Special Event Permit for the International Fellowship of Chaplains for a three-day fundraising event to be held on Friday, August 21, 2009 from 6:00 p.m. until 10:00 p.m. and on Saturday and Sunday, August 22 and 23, 2009 from 9:00 a.m. until 10:00 p.m. in Martin Road Park, contingent on, 1) the City Clerk’s office receiving, no later than five (5) days prior to the event, certificates of liability insurance from the vendor(s) of any inflatable play structures and from the applicant, naming the City of Ferndale as "additional insured", and on the City Attorney’s review and approval of same; 2) applicant securing all required permits for inflatable structures and tents from the CDS Department; 3) the payment of any applicable fees, and 4) receipt by the City Clerk’s office of a "day-of" contact list.

Approved a Special Event Permit for Kathy Staszewski of Ferndale Labs for Ferndale Lab’s Annual Picnic on Saturday, September 12, 2009, from 8:00 a.m. to 5:00 p.m., at Garbutt Park, and approved the erection of inflatable play structures and a tent/canopy for the event, pursuant to Section 13-52 of the Ferndale Code of Ordinances.

D. Approved the Intergovernmental Agreement with Oakland County regarding the submission of a joint grant application for Edward Byrne Memorial Justice Assistance Grant Program (JAG) funds.

E. Approval of contract with Advanced Wireless Communications to provide and install 911 equipment.

F. Approved the renewal of Assistance Services Contract with the Oakland County Equalization Department for the two-year period 7/1/2009 through 6/30/2011 and authorized execution of same by the Mayor and City Clerk.

G. Authorized advance collection of sanitation fees in Sanitation Fund to be applied to offset the required sanitation fees for the next budget year 2010-11.

H. Adopted Ordinance No. 1077, amending Ordinance 992, the Ferndale Code of Ordinances Article VIII, Signs, to allow festoon or market, lights, also known as string lights, associated with dining and public places in the DDA and with national holidays.

I. Approved the Neighborhood Stabilization Program (NSP) contract amendment with Home Renewal Systems LLC and authorized the Mayor and City Clerk to sign the Amendment.

J. Approved the contract with Asphalt Specialist, Inc., to reconstruct the Rosie O’Grady municipal parking lot and to construct nine parking bays along the west side of Bermuda between Nine Mile Road and Vester.

K. Approved the low bid of $8,760 from H. Domine Enterprises, Inc., Riverview, to perform work to determine the cause of the leakage on the underground diesel storage tank at the City Yard, and to charge the expense to the Vehicle and Equipment Fund, Repair and Maintenance, account no. 661-775

L. Approved the additional amount of $5,355 to the City of Pleasant Ridge (total invoice of $16,830) for the aerial spraying of gypsy moths by Mid-Michigan Helicopters, and to charge the expense to the DPW Contractual, account no. 101-441-818.

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

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

8. REGULAR AGENDA

A. Appointment of Evan Cissell to Environmental Impact Commission.

270. Moved by Baker, seconded by Gumbleton, to confirm the appointment of Evan Cissell to the Environmental Impact Commission for a term ending December 31, 2010.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to council chambers at 8:24 p.m.

Mayor Covey left council chambers at 8:26 p.m. and returned at 8:29 p.m.

B. Consideration of 2009 Ferndale Woodward Dream Cruise Weekend Street and Parking Lot Closures.

271. Moved by Lennon, seconded by Baker, to approve hosting the 15th Ferndale Woodward Dream Cruise Weekend on August 14, 15 and 16, 2009 and to authorize street and parking lot closures as presented.

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

NAYS: None

MOTION CARRIED

C. Consideration of Michigan Suburbs Alliance / Southeast Michigan Regional Energy Office Participation Agreement.

272. Moved by Baker, seconded by Gumbleton, to approve the Southeast Michigan Regional Energy Office’s Participation Agreement with the modifications recommended by the City Attorney and to authorize the Mayor to sign.

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

NAYS: None

MOTION CARRIED

D. Consideration of Environmental Impact Commission Recommendations and of adoption of Ord. No. 1078 to change the name of the Commission and to extend the sunset provision for the Commission.

273. Moved by Baker, seconded by Lennon, to:

1. Direct the City Manager to reevaluate the feasibility of implementing storm water credits when the City’s water billing software is replaced in 2010; and

2. Direct the City Clerk to draft a resolution encouraging stores and restaurants to encourage customers to use reusable bags; and

3. Direct the City Manager to evaluate the feasibility of establishing a lawn mower replacement program; and

4. Direct the City Attorney to draft an ordinance banning phosphorus fertilizer; and

5. Direct the City Clerk to draft a resolution encouraging property owners to take advantage of federal tax credits for energy efficiency.

6. Adopt Ordinance No. 1078 to change the name of the "Environmental Impact Commission" to "Environmental Sustainability Commission" and to extend the sunset of the Commission as requested by its members.

7. Include language in Ordinance No. 1078 to increase the composition of the Commission from 7 members to 11 members

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

NAYS: None

MOTION CARRIED

E. Consideration of Amendment to Resolution 2009 – 241(I) Granting a Concessionaire License for Clayton A. Bowers of New Dawn Gardenscapes for a Farm Stand

274. Moved by Lennon, seconded by Gumbleton, to adopt the resolution amending Clayton A. Bowers’ Concessionaire License to change the location of the farm stand from 443 E. Nine Mile Road to 175 W. Nine Mile Road.

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

NAYS: None

MOTION CARRIED

9. COUNCIL APPOINTEE REPORT – Chief of Police Kitchen

Chief of Police Kitchen presented his goals and objective progress report.

10. COUNCIL LIAISON REPORTS - None

11. CALL TO COUNCIL

275. Fire Chief Schmidt read a letter from the Designstruct, the designer of the Rosie O’Grady’s project, commending City staff and members of the Fire Department.

276. Recreation Director Hall introduced upcoming events.

277. City Clerk Tallman issued a reminder that the deadline for submittal of nominating petitions to run for City Council or Mayor are due by 4:00 p.m. on Tuesday, August 4.

278. City Manager Bruner shared information submitted by the Library Director on union labor being used on the library renovation project. City Manager Bruner commended Byron Photiades and Julie Hall and their staffs for aid rendered during the Nine Mile bridge explosion incident.

279. Councilwoman Baker thanked the Police and Fire Departments for their aid to Hazel Park during the Nine Mile bridge explosion incident.

280. Moved by Councilwoman Baker, supported unanimously to adopt the Resolution of Condolence for the family of Dr. David R. Schneider, Ph.D.

RESOLUTION ADOPTED UNANIMOUSLY

281. Moved by Councilman Lennon, supported unanimously to adopt the Resolution of Condolence for the family of Dorothy Janette Paterson.

RESOLUTION ADOPTED UNANIMOUSLY

282. Councilman Lennon requested and received a status update on the Employee Handbook, with City Manager Bruner reporting the handbook will be issued next week.

283. Councilwoman Gumbleton announced council appointee liaison committees need to meet for a mid-year review of goals.

284. Councilman Galloway voiced support for use of union labor on city projects, and he commended the work of Designstruct on the Rosie O’Grady’s project.

285. Moved by Councilman Galloway, supported unanimously to adopt the Resolution of Condolence for the family of Lothar Spang.

RESOLUTION ADOPTED UNANIMOUSLY

286. Mayor Covey welcomed See and Be Seen, a new promotions company, to the City, extended kudos to all those involved with making the Rosie O’Grady’s project a success, commended owner Brian Kramer for his vigilance in keeping the decibel level within the acceptable limit, and promoted the upcoming Pub Crawl, a charity fundraising event.

12. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:22 p.m.

J. Cherilynn Tallman, City Clerk