City Council - February 25, 2008

FERNDALE CITY COUNCIL MEETING

Monday, February 25, 2008

A Regular Meeting of the Ferndale City Council was held Monday, February 25, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:33 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None.

3. APPROVAL OF AGENDA

082. Moved by Galloway, seconded by Gumbleton, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

083. Ferndale Chamber of Commerce

Mailè Ilac Boeder, Ferndale Chamber of Commerce Executive Director, introduced two new members of the Chamber’s staff and provided an update on upcoming events.

084. CALL TO AUDIENCE

AJ O’Neill, AJ’s Café, promoted the 50-hour Danny Boy marathon from Saturday, March 15 at 3:00 p.m. until 5:00 on St. Patrick’s Day, March 17, and encouraged involvement, noting the proceeds go to local charities.

Keith Dalton noted that piano, guitar and digital musical tracks will be available to accompany singers in the Danny Boy marathon. Mr. Dalton reported on current and upcoming programs on CMN, including a 13-part program on the Ferndale Blues Fest, presentations by Scott Ryder and Jeff Cohen, and a speech by Randy Rhoades of Air America. Mr. Dalton congratulated Councilwoman Baker and Mayor Covey on their elections.

Thomas Gagne promoted Ferndale Online.com, community online website where anyone can register, contribute articles, and participate in discussion groups about anything relating to Ferndale.

CONSENT AGENDA

085. Moved by Galloway, seconded by Gumbleton, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held February 11, 2008, as submitted by City Clerk.

B. Approved the expenditure of funds from Account # 101-215-900 in an amount not to exceed $9,700 for the publication of Supplement 1 to the Ferndale Code of Ordinances.

C. Adopted Resolution authorizing Mayor Craig Covey and Council Members Lennon, Gumbleton and Baker to attend the National League of Cities Conference in Washington D.C., March 8-12, 2008, on behalf of the City of Ferndale, utilizing funds from Account No. 101- 101-873, as submitted by City Clerk.

D. Confirmed reappointment of Steve Salvaggio of Western Market to the Ferndale DDA Board of Directors for a 4-year term expiring December 2012.

E. 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, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

REGULAR AGENDA

A. Consideration of expanding the 1.4 Mill Levy in the DDA to the new boundary areas established June 11, 2007

It was noted DDA Executive Director Sheppard-Decius was not present.

086. Moved by Galloway, seconded Gumbleton, to move Regular Agenda Item A to the end of agenda, immediately preceding Call to Council.

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

NAYS: None

MOTION CARRIED

B. Consideration of Library Renovation and Expansion Proposal

1) Amendment to Library Lease Agreement and Bond Cost Repayment Agreement

087. Moved by Galloway, seconded by Baker, to approve the Lease Amendment and Bond Cost Repayment Agreement between the City of Ferndale and the Ferndale Public Library and authorize the Mayor and Clerk to sign them.

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

NAYS: None

MOTION CARRIED

2) Resolution Authorizing 2008 General Obligation Limited Tax Bonds (Library Facilities)

088. Moved by Baker, seconded by Galloway, to adopt the attached Resolution authorizing the sale of General Obligation Limited Tax Bonds for the purpose of making capital improvements to the Ferndale Public Library in an amount not-to-exceed $4,700,000.

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

NAYS: None

MOTION CARRIED

C. Consideration of Fresard Dealership Brownfield Development Agreement

089. Moved by Galloway, seconded by Lennon, to approve the Development/ Reimbursement Agreement with Fresard Investments Limited Partnerships and to authorize the Mayor and the City Clerk to sign the Agreement.

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

NAYS: None

MOTION CARRIED

D. Consideration of 2008-2009 Liquor License Renewals

090. Moved by Galloway, seconded by Lennon, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Thursday, March 13, 2008 at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses and that the City Attorney's Office prepare and have served appropriate legal notice of the scheduled Hearing to the above-listed establishments that are in question and/or those establishments that are delinquent in paying taxes that were due on March 1, 2008, according to the Assessor/Treasurer's report as of Noon on Tuesday, March 4, 2008.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:19 p.m.

E. Consideration of Signalized-Intersection Materials Purchase

091. Moved by Galloway, seconded by Baker, to approve purchasing poles and mast arms for $25,965 for the intersection of Woodward Heights Blvd. and Hilton from Carrier and Gable, 24110 Research Drive, Farmington Hills, the sole supplier, and to charge the expense to the Major Streets Fund, Capital, account no. 202-977.

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

NAYS: Council Member Lennon

MOTION CARRIED

F. Consideration of Ordinance No. 1043 regarding Section 13-52 of the Ferndale Code of Ordinances, which would provide for portable pop-up tents to be allowed in public parks or playgrounds in the City

092. Moved by Galloway, seconded by Baker, to adopt Ordinance No. 1043 regarding Section 13-52 of the Ferndale Code of Ordinances, which would provide for portable pop-up tents to be allowed in public parks or playgrounds in the City without the need for Council approval.

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

NAYS: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:23 p.m.

G. Consideration of Ordinance No. 1044 to Add Article III, Utility Emergency Response Cost Recovery, to Chapter 9, Fire Prevention and Protection of the Ferndale Code of Ordinances

093. Moved by Galloway, seconded by Lennon, to adopt Ordinance No. 1044 to Add Article III, Utility Emergency Response Cost Recovery, to Chapter 9, Fire Prevention and Protection to the Ferndale Code of Ordinances.

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

NAYS: None

MOTION CARRIED

094. Moved by Galloway, seconded by Baker, to adopt the same fee schedule that Council approved on July 24, 2006 for vehicle accidents and fires and apply it to Ordinance No. 1044, Article III, Utility Emergency Response Cost Recovery, Chapter 9, Fire Prevention and Protection, of the Ferndale Code of Ordinances.

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

NAYS: None

MOTION CARRIED

H. Consideration of Ambulance Fees

095. Moved by Galloway, seconded by Lennon, to raise the Fire Department charges for ambulance service as follows:

BLS Resident from $325 to $400. BLS Non Resident from $425 to $475

ALS Resident from $530 to $600 ALS Non Resident from $600 to $650

Mileage from $7.00 to $8.50

The new rates are to take effect, March 1, 2008

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

NAYS: None

MOTION CARRIED

Mayor Covey left Council Chambers at 8:28 p.m. and returned at 8:29 p.m.

COUNCIL APPPOINTEE REPORT – Fire Chief

Fire Chief Schmidt provided a status report on his FYE 2008 Goals & Objectives.

096. COUNCIL LIAISON REPORTS

E. Transportation Riders United (TRU) – City Manager Bruner announced a Mass Transit Summit, hosted by Congresswoman Carolyn C. Kilpatrick on Monday, March 3, 2008, 9am to 2pm at Wayne State University's Community Arts Center. Mr. Bruner will be attending.

REGULAR AGENDA (continued)

A. Consideration of expanding the 1.4 Mill Levy in the DDA to the new boundary areas established June 11, 2007

097. Moved by Galloway, seconded by Baker, to adopt the Resolution for levying of the DDA Operating ad valorem tax to the properties in the extended boundaries of the Downtown District established June 11, 2007, to now include the entire Downtown District boundaries, to be effective starting July 1, 2008, as submitted by Ferndale DDA Executive Director.

Comments from the public in favor of the expansion of the levy were made by:

Michael Hennes

Comments from the public in opposition to the expansion of the levy were made by:

Tiffani Gagne

Daryl DePottey

Tony Smith

Wyll Lewis

Don Oatman

Wayne Teppard

Thomas Gagne

John Fitzpatrick

Marvin Bernstein

Norton Berg

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

NAYS: Council Member Lennon

MOTION CARRIED

Explanation from Councilman Lennon: In his last election campaign he promised that unless there was overwhelming support for the PSD and/or the DDA expansion he would not support it.

Explanation from Mayor Covey: Although he was opposed to the PSD during his campaign he voted in favor of the expansion of the levy because the amount is significantly lower than the proposed PSD and because of the positive impact the DDA has had on Ferndale’s downtown.

CALL TO COUNCIL

098. Councilwoman Baker requested an update on the status of the liquor license application for the Kulick Center. Recreation Director Hall reported she is researching information requested by the Ordinance Committee. Councilwoman Baker commented she remembers what downtown Ferndale looked like in the 1980’s and commended the DDA for its work in turning it around. Councilwoman Baker referenced the free clinic project, noting that volunteers with medical billing experience are needed. Donations of medical equipment are also needed.

099. Councilman Lennon requested the City Clerk prepare a Resolution for Council’s consideration in support of No Reason Absentee Voting. Councilman Lennon requested that businesses be diligent in snow removal from their sidewalks.

100. Councilwoman Gumbleton acknowledged Council for working well with the new goal setting and performance evaluation processes.

101. Councilman Galloway explained that the DDA having its office downtown is a Best Practice recognized by Main Street USA, an organization which is in the business of helping revitalize older downtowns. He also commented that DDA Executive Director Sheppard-Decius has been through extensive training and is a professional in a skilled field. He reported that Council’s study of downtown development issues show that the Ferndale DDA is on the right track, and further noted that it is hard to argue with a 4% vacancy rate. Councilman Galloway encouraged interested business owners to volunteer their time to help the DDA and to work to make it better.

102. Mayor Covey reported the Blues Fest charities will gross in excess of $33,000 from this year’s event. Mayor Covey explained the Council and City administration are interested in historic preservation and are researching ways to preserve the heritage of Ferndale while continuing redevelopment.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:46 p.m.