City Council - May 14, 2007

A Regular Meeting of the Ferndale City Council was held Monday, May 14, 2007, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:34 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter. Absent: None.

PROCLAMATION Poppy Week

May 14-19, 2007

231. Mayor Porter proclaimed May 14-19, 2007 as Poppy Week.

232. Mayor Porter proclaimed the week of May 13, 2007 as Police Week in the City of Ferndale.

PRESENTATION Ferndale Public Schools

233. Presentation was not made.

PRESENTATION Hazel Park Public Schools

234. Sharon Hawkins, from Hazel Park Public Schools, provided information on activities throughout Ferndale Public Schools.

PUBLIC HEARING Wordsworth Street Improvement Project

235. Mayor Porter opened the Public Hearing at 7:46 p.m. With no one speaking, Mayor Porter closed the Public Hearing at 7:47 p.m.

Moved by Councilman Lennon, seconded by Councilman Covey, to proceed with the Wordsworth Avenue Street Improvement Project as stated in the memo that was received from City Manager Bruner, including the Special Assessment District.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

PUBLIC HEARING Liquor License Request - Anita’s Kitchen

22651 Woodward Avenue

236. Mayor Porter opened the Public Hearing at 7:48 p.m. David Plunkett, on behalf of the applicant Joseph Wegrzyn, Lebandezers, Inc., introduced Ron Ray the architect and Anita and Pierre Farah and announced they were there to answer any questions that Council had regarding the requested Liquor License. Mayor Porter closed the Public Hearing at 7:50 p.m.

A. Consideration to approve On Premises Public Act 501 of 2006 Liquor License.

Moved by Councilman Covey, seconded by Councilman Galloway, to approve the On Premises Public Act 501 of 2006 Liquor License requested by Joseph Wegrzyn for Anita’s Kitchen to be located at 22651 Woodward Avenue.

Councilman Galloway requested that the letter written by Mr. Haberman be made part of the record.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

237. Call to Audience

1. Tiffany Gagne thanked Mayor Porter, City Assessor/Treasurer Singh and Library Board President Kevin Deegan-Krause for speaking on issues regarding the Ferndale Library. She commented on an article that appeared in the Detroit News regarding Ferndale. Ms. Gagne inquired about being able to pull petitions to run for City Council and signage.

2. Sherry Wells, member of the Historical Society, thanked those that helped with the City’s 80th Birthday Party. She announced that the Society’s next project would be Native Ferns and Floral Gardens around the Historical Museum after the Memorial Day activities.

3. Charity Albright commented about the licensing of massage therapy establishments and therapists.

4. Cory Perry commented about the licensing of massage therapy establishments and therapists.

5. Brian Cooley announced that April 25, 2008 would be the date for the 6th Annual Arbor Day Celebration. He announced that the Beautification Awards would change this year; two Residential Awards and one Commercial Award per month from June through September and the winners would be presented their award in September.

6. Frank Flores announced that response for the Memorial Brick Fund was not as well as expected and the Memorial Day Parade would be two weeks from today beginning at 10:00 a.m.

7. Sherry Wells commented about the benefits of having a Historical Commission.

8. Mary Trenner, City Librarian, thanked everyone who voted on May 8, 2007.

9. John Hutt commented on the Wordsworth Street Improvement Project.

Councilman Lennon left Council Chambers at 8:26 p.m.

Councilman Lennon returned Council Chambers at 8:30 p.m.

Consent Agenda

238. It was the consensus of Council that Consent Agenda Item 9B, be considered after the Regular Agenda.

Moved by Councilman Galloway, seconded by Councilman Covey, to approve the amended Consent Agenda as follows:

A. Approved the Minutes of the Special Meetings held April 25 at 5:45 p.m., April 25 at 6:00 p.m., April 30, 2007 and the Regular Meeting held April 23, 2007, as submitted by Deputy City Clerk.

B. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA

C. Approved the authorization for a temporary Liquor License for the Triangle Foundation during the Motor City Pridefest, as submitted by Triangle Foundation

D. Approved to reappoint the DPW Director as SOCRRA Representative and the City Manager as Alternate, to represent the City of Ferndale on the SOCRRA Board of Trustees for fiscal year beginning July 1, 2007, as submitted by City Manager.

E. Approved the change order with Liquiforce Sewer Services USA, Inc., to repair the mainline sewer on Adams Court, as submitted by DPW Director.

F. Approved the First Amendment to 2004 Pavement Repairs Contract with ABC Paving Company, to waive the contract bid process pursuant to the City’s Procurement Policy and to authorize the Mayor and Deputy City Clerk to sign said Contract.

G. Permission for Recreation and Senior Services to conduct 21st Annual Ferndale Foot Frolic on Sunday, May 20, 2007, on the streets of Ferndale and authorization for the Department of Public Works to close streets and the Police Department to provide assistance, as submitted by Recreation Director.

H. Approved to refer proposed changes to Zoning Ordinance No. 1004 to the Ordinance Committee for review and recommendation, as submitted by CDS Director.

I. Approved to schedule a Public Hearing for Tuesday, May 29, 2007 regarding a Principal Shopping District (PSD) Special Assessment in the Downtown Development Authority (DDA) and to direct the City Clerk’s Office to publish the necessary Public Hearing Notices, as submitted by DDA Manager.

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

Councilwoman Gumbleton left Council Chambers at 8:36 p.m.

Councilwoman Gumbleton returned to Council Chambers at 8:37 p.m.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

Regular Agenda

A. Consideration to extend offer of employment for the position of City Clerk

239. Moved by Councilman Lennon, seconded by Councilman Covey, that Council formally approve the Offer of Employment Letter, submitted by City Manager Bruner, to Cherilynn Tallman, dated May 9, 2007, and authorize the Mayor to sign the Agreement on behalf of the City, contingent upon a satisfactory background investigation and successful pre-employment physical.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

B. Appointment to the Arts and Cultural Commission

240. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Beth D’Anna to the Arts and Cultural Commission to fill the vacant term expiring December 31, 2008.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

C. Consideration of Future Land Use Plan Consultant

241. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Review Committee and Plan Commission’s recommendation to hire ENP and Associates to facilitate the Public Input Session of the Future Land Use Plan Update for a maximum cost of $10,500.00 and approve the contract and authorize the Mayor and Deputy City Clerk to sign the contract.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

D. Consideration of Resolutions regarding DWRF Revenue Bonds

242. Moved by Councilman Covey, seconded by Councilman Galloway, that the bond authorizing ordinance be adopted and the Deputy City Clerk be authorized to publish the Ordinance.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

E. Consideration of Temporary Noise Ordinance Exemption to Michigan Department of Transportation in 2007-2008

243. Moved by Councilman Lennon, seconded by Councilman Covey, that a temporary exemption from the maximum permissible sound pressure levels established under the City’s Noise Ordinance be granted to the Michigan Department of Transportation in 2007 and 2008 so that it may perform bridge rehabilitation work at the I-75 and I-696 interchange Monday thru Sunday, 7:00 p.m. thru 7:00 a.m.

AYES: Council Members, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: Councilman Galloway

MOTION CARRIED

F. Consideration of delinquent accounts of water, grass/weeds, and alarm fees to be collected as a special assessment with the Summer 2007 Tax Roll

244. Moved by Councilman Covey, seconded by Councilman Galloway, that Council approve the delinquent accounts to be charged as a lien against the respective properties and collect it as a Special Assessment with the Summer 2007 Taxes in terms of the Charter.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

G. Consideration of Bicycle Friendly Community

245. Moved by Councilman Galloway, seconded by Councilman Covey, that the City of Ferndale shall commit itself to be recognized as a Bicycle Friendly Community by the League of American Bicyclists and improving the infrastructure for bicycles and bicyclist throughout Ferndale; toward that end, the City of Ferndale shall install additional bicycle racks in the downtown as discussed in the budget workshops and shall prepare and submit the necessary application for Bicycle Friendly Community designation to the League of American Bicyclists before the deadline of August 17, 2007; if the City fails to obtain Bicycle Friendly Community recognition in 2007, the City Manager shall prepare a report to Council explaining the reasons for failing to be so designated so that Council may determine whether to make the changes necessary to secure a more favorable determination in 2008. If the City obtains Bicycle Friendly Community recognition in 2007, the City Manager shall make annual reports to the City Council in the spring of each year, but no later than April 1, as to the prior year’s progress toward making the City more accommodating to bicycles and bicyclists.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:47 p.m.

Councilman Lennon returned to Council Chambers at 8:49 p.m.

Consent Agenda Item B- Adoption of Travel Resolution authorizing Mayor Porter’s attendance at the NLC First Tier Suburbs Steering Committee Meeting to be held June 6-8, 2007 in Bartlett, Tennessee, as submitted by Deputy City Clerk.

246. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that Council adopt the Travel Resolution authorizing Mayor Porter’s attendance at the NLC First Tier Suburbs Steering Committee Meeting to be held June 6-8, 2007 in Bartlett, Tennessee, and request that the Mayor report back to the Council regarding what he learned and what policies that Council may see arising out of it.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

Call to Council

247. Police Chief Kitchen thanked Council for the Proclamation that was passed earlier at tonight’s meeting. He announced that in order to honor 151 Police Officers who lost their lives in the line of duty during 2006, Ferndale’s Flag Raising Ceremony will be held at 10:00 a.m. on Thursday, May 17, 2007. Police Chief Kitchen announced that the 1st Annual Citizen Police Academy will begin May 23, 2007 and applications were available at www.ferndalepolice.org.

248. City Manager Bruner commented on his experience of going through a Citizen Police Academy and on his "My Space" page.

249. Deputy City Clerk Szalma commented about the Election that was held on May 8, 2007 and thanked those that had helped.

250. City Attorney Christ announced that comments regarding the model contract for water services from the City of Detroit were due soon. He commented on the differences between political and commercial signage.

251. Councilman Lennon requested that the Finance Director provide Council a Line Item Budget for WFRN and CMN and requested to have a discussion on the next Council Agenda regarding funding.

252. Councilwoman Gumbleton inquired about a meeting with SEMCOG.

253. Councilman Covey requested that a Proclamation be placed on the next Regular Council Meeting regarding June as Gay Pride Month. He announced that the Ferndale Community Foundation will be presenting grants totaling $7,000.00 soon. Councilman Covey commented on the success of County Commissioner David Coulter making Catalpa Park in Southfield a County Park and having County Commissioner Meetings shown on the Internet. He also announced that the annual Salsa 2007 would be held at Boogie Fever, on Wednesday, May 16, 2007. Councilman Covey announced that Friday, May 18, 2007, was National Asian and Pacific Islanders HIV Awareness Day and MAPP would have a program at Soho. He announced that ten HIV/AIDS Professionals from Minsk, Belarus would be at MAPP in Ferndale this week to learn about innovated programs regarding HIV prevention.

254. Councilman Galloway commented about the Resolution regarding Catalpa Park in Southfield. He thanked those that voted on May 8, 2007, and thanked those that helped pass the Library Proposal. Councilman Galloway also commented that the Boys and Girls Club Walk was a great success.

255. Mayor Porter thanked those that helped pass the Library Proposal. He announced that there was a program about checking to see if there was lead paint in older homes and that Lighthouse Emergency Services had received a grant to help qualified Oakland County Residents to help pay gas and electric bills.

Mayor Porter adjourned the meeting at 9:21 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Sharon Szalma, Deputy City Clerk