City Council - March 26, 2007

A Regular Meeting of the Ferndale City Council was held Monday, March 26, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Lennon called the meeting to order at 7:36 p.m.

Mayor Pro Tem Lennon led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Gumbleton; Mayor Pro Tem Lennon. Absent: Mayor Porter.

133. Moved by Councilman Covey, seconded by Councilman Galloway, to adopt the following Resolution:

Section 10 of Chapter III of the Charter of the City of Ferndale, Oakland County, Michigan provides that absence from five consecutive Regular meetings of the City Council shall automatically operate to vacate the seat of the member of the Council unless the absence is excused by Resolution setting forth such excuse and entered upon the journal; and

Mayor Robert G. Porter had cause for his absence from the Regular Council Meeting of March 26, 2007.

THEREFORE BE IT RESOLVED that Mayor Robert G. Porter be excused from the Regular Council Meeting of March 26, 2007, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

AYES: Council Members Galloway, Gumbleton, Covey; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

PROCLAMATION April, 2007 National Child Abuse and Prevention Awareness Month

134. Mayor Pro Tem Lennon proclaimed April, 2007 National Child Abuse and Prevention Awareness Month in the City of Ferndale.

PRESENTATION Distribution of Proceeds from the Blues Festival

135. Councilman Covey and Monica Mills thanked the volunteers and presented proceeds from the Blues Festival to Gina Schoolcraft and Ken Seawell from Ferndale Youth Assistance; and presented "Blue Pig Awards" to Dino’s who raised over $2,700.00 and to Rosie O’Grady’s who raised over $1,600.00.

PRESENTATION Resolution regarding War in Iraq

136. Moved by Councilman Covey, seconded by Councilman Galloway, to unanimously adopt the Resolution opposing any escalation of the war into Iran and to end the war and plan the withdrawal of forces in Iraq.

ADOPTED UNANIMOUSLY

PRESENTATION Severe Weather Awareness Week

137. Fire Chief Schmidt provided information on what the public should do when severe weather occurs. He announced that Severe Weather Awareness Week would be March 25 through March 31, 2007, and that a Special Tornado Siren Test would be conducted on March 28, 2007.

PUBLIC HEARING 2007-2008 Liquor License Renewals

A. Posh Entertainment, Inc. 22061 Woodward

B. Nami Sushi Bar 201 W. Nine Mile

138. Public Hearing was not held for Nami Sushi Bar, as this establishment corrected outstanding issues, which originally placed them on the Agenda. Mayor Pro Tem Lennon opened the Public Hearing at 7:56 p.m., regarding Posh Entertainment, Inc.

City Attorney Christ requested that City Manager Bruner indicate for the record the amount of tax money owed to the City of Ferndale by Posh Entertainment, Inc. City Manager Bruner indicated that the amount was $12,088.61 plus miscellaneous charges of $1,433.38 for a total of $13,521.99 as of March 26, 2007, at 3:30 p.m. City Attorney also indicated for the record that he would submit his communication, dated March 9, 2007, that he had provided Posh Entertainment, Inc., by certified and regular mail, notice of the Public Hearing this evening. Aubrey Tobin, Vice President and General Counsel for Posh Entertainment, Inc., had comments and questions. There being no one that came forward to speak, Mayor Pro Tem Lennon closed the Public Hearing at 8:13 p.m.

1) Consideration of Resolutions objecting to the Renewal of 2007-2008 Liquor Licenses

Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Resolution formally objecting to the renewal of the Class C Liquor License for 2007 for Posh, located at 22061 Woodward Avenue, Ferndale, Michigan, with the understanding that until the end of April, 2007, City Council reserves the right to send additional communications to the LCC.

AYES: Council Members Gumbleton, Covey, Galloway; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

139. Call to Audience

1. Ken Seawell, on behalf of Citizens’ Plan for a Better Library, commented on the May, 2007 Ballot Proposal for the Library and encouraged voters to vote yes on the proposal.

2. Lloyd Smith commented on the success of the Spring Fling Dance.

3. Mary Trenner, City Librarian, thanked Council for posing for the Library’s Celebrity Reads posters and invited everyone to become a celebrity reader for the Library.

4. George Westerman announced that Affirmations has started their move from 195 West Nine Mile to their new Community Center at 290 W. Nine Mile Road and that they will officially open Monday, April 9, 2007.

Consent Agenda

140. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to approve the amended Consent Agenda as follows:

Mayor Pro Tem Lennon left Council Chambers at 8:23 p.m.

Councilman Member Galloway assumed the Chair.

A. Approved the Regular Council Meeting Minutes held March 15, 2007, as submitted by Deputy City Clerk.

B. Approved the Second Hand/Junk Dealer Application/License for Blockbuster, Inc., to sell used videos, at 750 West Nine Mile Road, as submitted by Deputy City Clerk.

C. Appointed City Manager Robert J. Bruner, Jr. as the Alternate to represent the City on the Board of Trustees of the Southeastern Oakland County Resource Recovery Authority (SOCRRA) for the remainder of the 2007 Fiscal Year (June 30, 2007), as submitted by City Manager.

D. Approved to schedule a Public Hearing to consider Brownfield Plan for redevelopment of the Fresard Dealership at 21700-21800 Woodward at the April 23, 2007 Regular City Council Meeting, as submitted by CDS Director.

E. Approved the bills, payrolls to be paid subject to review by the Council Finance Committee.

AYES: Council Members Covey, Galloway and Gumbleton

NAYS: None

ABSENT: Mayor Pro Tem Lennon and Mayor Porter

Mayor Pro Tem Lennon returned to Council Chambers at 8:25 p.m.

Regular Agenda

A. Consideration of Special Event Application for Sierra Club Green Cruise

141. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to approve the Special Event Application from Melissa Damaschke of the Sierra Club, for Green Cruise, on Saturday, August 11, 2007, from 9:00 a.m. to 4:00 p.m., contingent upon the recommendations of the Special Event Committee and a replacement insurance certificate providing coverage for the effective date of August 11, 2007, be submitted at least five days before the event, as submitted by the Deputy City Clerk.

AYES: Council Members Covey, Galloway, Gumbleton; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Councilman Covey left Council Chambers at 8:31 p.m.

B. Consideration of purchasing leaf loader

142. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that approval be granted to purchase a "Little Wonder" leaf loader from Billings Lawn Equipment, for $3,136.00 under the State’s Extended Purchase Program, and that the expense be charged to the Vehicle and Equipment Fund, Capital, Account# 661-977.

AYES: Council Members Galloway, Gumbleton, Covey; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Councilman Covey returned to Council Chambers at 8:35 p.m.

C. Consideration of Alternate Delegate Representative to the SEMCOG General Assembly

143. Moved by Councilman Galloway, seconded by Councilman Covey, to appoint City Manager Bruner as the Alternate Representative to the SEMCOG General Assembly.

AYES: Council Members Gumbleton, Covey, Galloway; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Call to Council

144. DPW Director announced that yard waste can be placed at the curb beginning April 1, 2007.

145. Deputy City Clerk Szalma announced there would be an Election held on May 8, 2007, and that the last day to register to vote would be Monday, April 9, 2007. She also announced that Precinct Inspectors were needed.

146. City Manager Bruner commented on a newspaper article that discussed suburbs having difficulties paying their bills. He announced that his brother-in-law has a jazz ensemble that plays Monday evenings at Howe’s Bayou.

147. City Attorney Christ announced that the Ordinance Committee had met recently and Council would soon consider Ordinances regarding zoning, motorcycles and signage.

148. Councilman Covey recognized the Strawberry Moon Bakery for their donation of organic pizzas during the Blues Festival Volunteer Night. He thanked Mayor Pro Tem Lennon for his efficiency in conducting this meeting. Councilman Covey commented on the Michigan economy. He also thanked Council for passing the Resolution regarding the Iraq War and Tom Zerafa for his work for the protest in Royal Oak against the War in Iraq. Councilman Covey requested a Resolution be placed on the next Regular Council Agenda to have the State House, the State Senate and the Governor work together regarding the State Budget. He announced that he wanted Council to create a committee to make Ferndale more earth and environmental friendly and efficient in using energy.

149. Councilwoman Gumbleton commented on her experience at a meeting that State Representative Andy Meisner sponsored to jump start small business groups.

150. Councilman Galloway announced residents can place brush and branches at the curb at anytime during the year to be chipped. He commented on a letter that Council had received from a resident.

151. Mayor Pro Tem Lennon encouraged people to clean up their properties and to report problems to the CDS Department.

Mayor Pro Tem Lennon adjourned the meeting at 8:53 p.m.

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Michael B. Lennon, Mayor Pro Tem

ATTEST:

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Sharon Szalma, Deputy City Clerk