City Council - March 13, 2008

FERNDALE CITY COUNCIL MEETING

Thursday, March 13, 2008

A Regular Meeting of the Ferndale City Council was held Thursday, March 13, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:35 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None.

3. APPROVAL OF AGENDA

110. Moved by Lennon, seconded by Galloway, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

111. Employee Service Awards

Mayor Covey presented 23 employees with awards for reaching 10, 15, 20, 25 and 30-year service plateaus in 2007

112. Ferndale Public Schools

Jessica Scott, Communications Specialist from Ferndale Schools, provided an update on the accomplishments of Ferndale students and upcoming activities sponsored by Ferndale Public Schools.

5. PUBLIC HEARINGS

A. 2008-2009 Liquor License Renewals

113. Eden 22061 Woodward

Mayor Covey opened the Public Hearing at 7:49 p.m.

Aubrey Tobin, principal in, and attorney for, Posh Entertainment, Inc., d/b/a Eden Nightclub, stated:

The Licensee, Posh Entertainment, Inc., has no financial delinquency to the City.

The personal property taxes owed by Posh Entertainment, Inc. have been paid, and he presented the tax certification from the Assessor.

Hazelhurst Associates, the landlord, is delinquent on real property taxes.

The City of Ferndale Resolution adopted on March 28, 1988, first "Resolved" paragraph, Item #6 states "All real and personal property taxes assessed or levied for property owned by the applicant or licensee with situs in Ferndale shall be paid in full before any application will be approved."

The applicant/licensee, which is Posh Entertainment, Inc., has pad all real and personal property taxes for property owned by the applicant/licensee. The unpaid taxes are for property owned by the landlord.

City Attorney Christ explained the City’s position, which he said was communicated to Mr. Tobin, that all real and personal property taxes as to the situs of the establishment must be paid prior to the City exercising its discretion not to object to renewal.

There being no further comments, Mayor Covey closed the Public Hearing at 7:54 p.m.

B. Consideration of Resolutions objecting to the Renewal of 2008-2009 Liquor Licenses

114. Moved by Galloway, seconded by Gumbleton, to adopt the Resolution formally objecting to the renewal of the Class C liquor license for 2008 for Eden Nightclub, 22061 Woodward Avenue, Ferndale, Michigan 48220.

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

NAYS: None

MOTION CARRIED

115. CALL TO AUDIENCE

Mary Ann Neal, acting Chair of Library Board, reported the resignation of Darlene Johnson-Bignotti effective March 1, 2008 and announced a search for a replacement to serve the remaining 18 months of Ms. Johnson-Bignotti’s term. Interested parties should submit a letter of interest and qualifications to the Library Board at the Ferndale Public Library.

Charles Green, representing CNC Hotdogs, requested permission to operate a portable vending cart on Withington Street, near Woodward, for four hours at a time, which is two hours in excess of current regulations for vending carts. Mayor covey indicated Council’s support of the enterprise.

Cristina Sheppard-Decius, Ferndale DDA Executive Director, issued a reminder about the Danny Boy marathon at AJ’s Café which begins on Saturday and appealed for volunteers to sing.

Councilman Lennon left Council Chambers at 8:06 p.m.

CONSENT AGENDA

116. Moved by Galloway, seconded by Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Special Meeting held February 21, 2008, Special and Regular Meetings held February 25, 2008, and Special Meeting held February 27, 2008, as submitted by City Clerk.

B. Authorized the Fire Department to purchase two (2) Panasonic CF19 Tough Book lap top computers using Oakland County contract pricing, from Advanced Wireless Telecom, 49716 Martin Dr., Wixom, MI 48393, at $3,045 each, for a total price of $6,090. Funds for this purchase are budgeted and available in account #101-336-977 Capital Outlay.

C. Memorial Day Parade - May 28, 2007, as submitted by City Manager:

1. Approved the observance of Memorial Day on Monday, May 26,2008 with the annual Memorial Day Parade as organized by the Ferndale Memorial Association.

2. Approved the contribution of $400, payable to the Association as budgeted in the Special Event Account 101-172-885.

3. Authorized the Mayor to sign the Agreement between the City of Ferndale and the Ferndale Memorial Association for the Association to organize the Parade.

4. Approved an additional $600 to promote the 2008 90th Ferndale Memorial Day Parade to be charged to the Special Event Account 101-172-885, as requested by the Association.

D. Authorized the closing of the City Hall parking lot Saturday, June 7, 2008 from 6 am to 4 pm; the use of the Library lot from 8 am to 4 pm for un-enforced meter parking and the use of the City Hall employee kitchen to store supplies and prepare food for the Senior Services Annual Trunk – N – Treasure Sale., as submitted by Recreation Director.

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

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:08 p.m.

REGULAR AGENDA

A. Consideration of Adoption of Appointment Guidelines for City Boards and Commissions

117. Moved by Galloway, seconded by Lennon, to adopt the Board and Commission Plan as presented.

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

NAYS: None

MOTION CARRIED

B. Consideration of reappointment of Kenneth Miller to the Ferndale Arts and Cultural Commission for a term ending December 31, 2008, and to reappoint Robert Babut, Douglas Davis, Ralph Sherman and Stephen Swartz for terms ending December 31, 2009, as submitted by City Clerk. (tabled from February 11, 2008).

C. Consideration of reappointment of Steven Kuzmanovich to the Civil Service Board for a term ending December 31, 2012, as submitted by City Clerk. (tabled from February 11, 2008).

A motion by Councilman Lennon to confirm the reappointment of Steven Kuzmanovich to the Civil Service Board failed for lack of a second.

D. Consideration of Appointments of Norman Raymond and Gregory Pawlica to the Police and Fire Board for terms ending May 2008 (tabled from February 11, 2008).

A motion by Councilman Lennon to appoint Gregory Pawlica and Norman Raymond to the Police and Fire Board failed for lack of a second.

119. Moved by Galloway, seconded by Gumbleton to appoint Greg Pawlica and Aaron Retish to the Police and Fire Board for terms ending May 2008.

AYES: Council Members, Galloway, Gumbleton, Mayor Covey

NAYS: Baker, Lennon

MOTION CARRIED

E. Consideration of Adoption of Resolution Supporting No Reason Absentee Voting

120. Moved by Galloway, seconded by Baker, to adopt the Resolution Supporting No Reason Absentee Voting.

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

NAYS: None

MOTION CARRIED

F. Consideration of Renovation of the Kitchens at both Fire Stations

121. Moved by Galloway, seconded by Baker, to accept the low bid of $22,766 from Kitchen Concepts, Inc. 923 E. 8 Mile, Ferndale, Mi. 48220 to remodel the kitchens at Fire Station No. 1 and Fire Station No. 2. Funds for this project are budgeted and available in the Public Improvement Fund – Capital Outlay, account number 245-000-977.

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

NAYS: None

MOTION CARRIED

G. Consideration of Recreation Department Software Upgrade

122. Moved by Galloway, seconded by Lennon, to approve the reallocation of funds in the Recreation Department budget as outlined by Recreation Director Hall for the purpose of a technology upgrade to RecPro, at a cost of $20,900, charged to 101-805-977.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:34 p.m. and returned at 8:37 p.m.

H. Consideration of Resolution Amending Fees for Sidewalk Cafes

123. Moved by Galloway, seconded by Baker, to approve the following permit fee structure for sidewalk café permit fees, effective immediately:

• $1.50/sq.ft. for alcohol establishments;

• $1/sq. ft. for non-alcohol establishments;

• a one-time review fee for new permits only of $100;

• therefore, all renewals will be subject to the square foot rate only.

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

NAYS: None

MOTION CARRIED

124. COUNCIL LIAISON REPORTS

A. 8 Mile Blvd. Association (8MBA) – Mayor Covey announced there will be a luncheon held in April.

B. Michigan Suburbs Alliance (MSA) – City Manager Bruner commended the MSA on the quality of program they presented on Friday, March 6, 2008.

D. Southeast Michigan Council of Governments (SEMCOG) – City Manager Bruner announced the General Assembly is scheduled for April 3.

CALL TO COUNCIL

125. Police Lt. Wilson announced the Police Department is sponsoring a Hunter Safety School on April 12 & 13.

126. Fire Chief Schmidt announced firefighters are big supporters of the Danny Boy marathon. He thanked Council for the Awards Recognition program, noting the importance of recognizing long-time employees, and asked that last year’s recipients be read at next meeting. Mayor Covey, noting Fire Chief Schmidt is the President of the Ferndale Historical Committee, reiterated Council’s interest in historic preservation.

127. Recreation Director Hall announced the Summer Recreation Program brochure will be ready the first week in April. She confirmed a proposed liquor policy for the Kulick Center will be coming forward to Council soon.

128. DDA Executive Director Sheppard-Decius commented on the availability of federal assistance for building improvements that are historical in nature.

129. City Clerk Tallman reported the revised application for Sidewalk Café Permits was mailed this week and that contact has been made with key people at MDOT and MLCC. She noted School Board elections for Ferndale and Hazel Park Schools are upcoming in May.

130. City Manager Bruner agreed with the importance of employee recognition and noted he is looking to expand the program. He thanked the CDS Director, City Clerk and DDA Executive Director on their collaborative effort on the Sidewalk Café Permit process. He indicated there is an increased use of teamwork at City Hall, and reported on another collaborative effort among key department heads to address parking issues.

131. Councilwoman Gumbleton suggested moving the Consideration of Appointee Goals and Wage Adjustments from March 24 to April 14. There were no objections from Council. Councilwoman Gumbleton reported on discussions held at the National League of Cities Conference, noting the biggest topics were foreclosures and financing. Councilwoman Gumbleton asked that the City Manager and Recreation Director consider the request of Coolidge students for basketball and cheerleading programs.

132. Councilman Galloway reported Governing Magazine has given Michigan one of the highest ratings in the country for state management. Councilman Galloway noted that the Atlantic Monthly predicts the new slums will be further out in the suburbs where "McMansions" have been poorly constructed while communities along the Woodward corridor are poised for positive growth because they are walkable and contain interesting and sustainable architecture and because light rail transportation is coming to Woodward Ave. He stressed that transit needs to be part of Ferndale’s master land use plan. Councilman Galloway announced an upcoming fundraiser, Walk for the Future, to benefit the Boys and Girls Club. He noted that the Club has programs at Ferndale High School and offers scholarships for the participation fees.

133. Councilwoman Baker discussed the need for Ferndale to be engaged in transportation initiatives, including recent federal transportation authorizations, and the Detroit Transportation Options for Growth Study (DTOGS). She noted the need for secure bike racks at the 8 mile and Woodward terminus of the light rail system and for bike accessibility on the trains.

134. Councilman Lennon commended the DPW staff for their work on snow removal during this very trying winter. Councilman Lennon asked for a status report on the installation of an AED at the Kulick Center. Recreation Director Hall noted it is being ordered this month.

135. Mayor Covey asked that the following be nominees for boards and commissions be placed on the next Council agenda: Deb Olsen to the Environmental Impact Commission, Jessica Simmons to the Arts & Cultural Commission, and Erica Nader to the Disability Advisory committee. Mayor Covey announced Ferndale will be hosting the 2008 United States Curling Mixed National Championships at the Curling Club at Martin Road Park. Mayor Covey announced a possible new block of funds becoming available called Energy Efficiency and Conservation Block Grants. Mayor Covey indicated Council supports the establishment of a Historical Commission and asked Ordinance Committee to consider it within the next couple of months. Mayor Covey promoted less reliance on bottled water, noting tap water is just as clean, is approximately 100% less expensive and uses less energy to produce. He noted a number of cities across the county have banned municipal purchase and use of bottled water.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:06 p.m.

J. Cherilynn Tallman, City Clerk