FERNDALE
CITY COUNCIL MEETING
Monday,
April 28, 2008
A Regular
Meeting of the Ferndale City Council was held Monday, April 28,
2008, 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 Gumbleton, Lennon.
Absent: Council Members Baker and Galloway.
200. Moved by Gumbleton, seconded by Lennon, to excuse the
absences of Council members Baker and Galloway.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
3. APPROVAL OF AGENDA
City Clerk Tallman asked that Consent Agenda Item 7F be removed
from the Agenda at the Petitioner’s request.
201. Moved by Lennon, seconded by Gumbleton, to approve the
agenda as amended.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
4. PRESENTATIONS
202. Blues Festival Committee
Monica Mills and other members of the Blues Festival Committee
presented a check for $9,200, representing 2008 Festival proceeds,
to Ferndale Youth Assistance, and recognized Dean Bach of Dino’s as
the winner of the Blue Pig Award as the venue raising the most
money.
203. Ferndale Youth Recognition Awards
Mayor Covey, Councilman Lennon and Councilwoman Gumbleton read
the names of the 46 winners of 2008 Recognition Awards.
204. Firefighter of the Year
Fire Chief Schmidt announced Firefighter/Medic John Schwall as
the recipient of the 2007 Chief’s Appreciation Award, and Gary
McMenamin as the recipient of the 2007 Firefighter of the Year
Award.
205. First Annual Environmental Impact Commission Award
205. Moved by Mayor Covey, supported unanimously, to adopt the
Resolution presenting, in conjunction with the Ferndale
Environmental Impact Advisory Commission, Chris Johnston, his family
members, and his businesses and staff members with the City’s first
Annual Environmental Green Award.
ADOPTED UNANIMOUSLY
206. Youth Week
206. Moved by Mayor Covey, supported unanimously, to proclaim the
first week in May as Youth Week.
ADOPTED UNANIMOUSLY
5. PUBLIC HEARINGS
A. FYE-2009 Budget
1) Consideration of proposed Tax Rates and appropriate L-4029
Form
Mayor Covey opened the Public Hearing at 7:56 p.m. There being no
public comments, Mayor Covey closed the Public Hearing at 7:57 p.m.
207. Moved by Gumbleton, seconded by Lennon, to authorize the
levy as proposed on the forms L-4029 and the execution of the same
by the Mayor and City Clerk.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
208. CALL TO AUDIENCE
Jerry Oli, Ferndale & Hazel Park Youth Assistance, announced the
2nd Annual Softball Tournament and Saturday in the Park on Saturday,
May 17, 2008, from 10:00 a.m. until 6:00 p.m. at Martin Road Park.
Deb Olsen, representing the Ferndale Environmental Impact
Commission, presented the monthly green tip: replace light bulbs
with compact fluorescents.
Elexa Standard, District 25 Commissioner to the Women’s
Commission to Oakland County, extended an invitation to the
community to supply feedback and to attend the Open Forum on
Wednesday, May 7, 2008 at 4:00 p.m. in the Commissioners Auditorium
at 1200 N. Telegraph, Pontiac.
Greg Pawlica announced the opening of Pete’s Broadway Café on May
5, 2008.
Cindy Norman, Pastor, asked if a permit was needed for
approximately 25 people to congregate on the sidewalk in front of
City Hall on the National Day of Prayer, May 1, 2008, from noon
until 1:00 p.m. Mayor Covey confirmed a permit is not necessary.
Brian Cooley announced the Arbor Day celebration will occur on
Thursday, May 1, 2008, at 10:00 at Openheim Park on St. Louis, south
of Marshall.
Lloyd Smith announced Ferndale Youth is hosting the 2nd Annual
Spring Fling Dance on May 9, 2008 at the Gerry Kulick Center.
Greg Pawlica asked City to consider installing change machines at
the three major municipal parking lots.
Recreation Director Hall recognized staff member John Currier,
adult softball coordinator, for securing 45 adult softball teams
this year which is the most in Ferndale history. She also expressed
thanks to Mike Jenkins, Recreation Supervisor, and Jerry Riser, who
secures umpires for the games, as well as Shaun, Rocky and Craig
from DPW for field preparation.
7. CONSENT AGENDA
Mayor Covey removed Item 7D, Drinking Tap Water is Thinking Green
Resolution, from the Consent Agenda for consideration following the
Regular Agenda.
209. Moved by Lennon, seconded by Gumbleton, to approve the
Consent Agenda as amended:
A. Approved Minutes of the Regular Meeting held April 14, 2008,
and the Special Meetings held April 21 and 23, 2008, as submitted by
City Clerk.
B. Proclaimed June 2008 as Scleroderma Awareness Month, as
submitted by Mayor.
C. Proclaimed May 2008 as Mental Health Month, as submitted by
Mayor.
D. REMOVED FROM CONSENT AGENDA TO BE CONSIDERED FOLLOWING THE
REGULAR AGENDA.
E. Approved the Special Event for the Ferndale Youth Assistance
Invitational Softball Tournament and Saturday in the Park, at
Martine Road Park, to be held Saturday, May 17, 2008 with a make-up
date of Sunday, May 18, 2008; contingent on their obtaining the
necessary permit(s) from the Building Department, as submitted by
City Clerk.
F. WITHDRAWN FROM THE AGENDA.
G. Approved a 20 x 20 tent at Garbutt Park for Tina Jackson for a
Baby Shower to be held Saturday, June 7, 2008 with a make-up date of
Sunday, June 8, 2008, as submitted by City Clerk.
H. Approved having Pro Roofing and Sheetmetal, Inc. remove and
replace the roof at Fire Headquarters, as submitted by Fire Chief.
I. Approved the 2008 Sewer Cleaning and Televising Project Bid
Award and Contract with Inland Waters Pollution Control, Inc., and
authorized for the Mayor and City Clerk to sign, as submitted by DPW
Director.
J. Approved Water Storage Filling Schedule Agreement with the
City of Detroit, and authorized for the Mayor to sign, as submitted
by DPW Director.
K. Approved Bid Award to GM & Sons, Inc. for Nine Mile Concrete
Repairs, as submitted by DPW Director.
L. Approved Bid Award to Bricco Excavating Co. for Water Main
Replacement Project, as submitted by DPW Director.
M. Approved Contract for Equalization Division Assistance
Services for the term of July 1, 2008 through June 30, 2009, and
authorized for the Mayor and City Clerk to sign, as submitted by
Assessor/Treasurer.
N. Approved reappointment of Brian Cooley to the Parks &
Recreation Advisory Board for a term ending December 31, 2010, as
submitted by Recreation Director.
O. Approved the bills, payrolls as certified by City Manager to
be paid subject to review by the Council Finance Committee.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
8. REGULAR AGENDA
A. Appointments to Boards
1) Parks & Recreation Advisory Board.
210. Moved by Gumbleton, seconded by Lennon, to approve the
appointments of Dawn Lyman, Virginia Saxton, Mathew Hymes, Kenneth
Huotari to the Parks & Recreation Advisory Board for terms ending
December 31, 2010, and to appoint Jeannie Davis to complete a term
ending December 31, 2008.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
2) Council representative appointment to the Liquor License
Review Committee
211. Moved by Gumbleton, seconded by Lennon, to appoint
Councilman Lennon to the Liquor License Review Committee for a term
ending December 31, 2008.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
B. Consideration of License Agreement with Seasonal Corners
Mayor Covey relinquished the Chair to Councilwoman Gumbleton.
212. Moved by Lennon, seconded by Covey, to approve the License
Agreement between the City and Seasonal Corner to allow Seasonal
Corner to utilize certain real property owned by the City between
the building and sidewalk at 1011 Livernois for a Mother’s Day event
from Friday, May 9, 2008 at 7:00 a.m. until Sunday, May 11, 2008 at
8:00 p.m.
AYES: Council Member Lennon, Mayor Covey
NAYS: Council Member Gumbleton
MOTION CARRIED
Mayor Covey resumed the Chair.
C. Consideration of Ordinance No. 1046 regarding alcohol at the
Kulick Center and City Parks, and
D. Consideration of Alcohol Policy at Kulick Center and City
Parks
213. Moved by Gumbleton, seconded by Lennon, to table to May 12,
2008, consideration of Ordinance No. 1046, amending Sec. 3-4 of the
City Code to allow permitted use of alcohol at the Kulick Community
Center and in City Parks, and consideration of the Kulick Center
Alcohol Use Policy, in order to obtain feedback from area residents.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
E. Consideration of extending the basketball moratorium in Wanda
Park
214. Moved by Lennon, seconded by Gumbleton, to extend the
basketball moratorium in Wanda Park until Friday, June 6, 2008, and
to contact the DNR to pursue modification of the 1990 Protecting
Michigan’s Future Recreation Bond Program Development Project
Agreement which funded the basketball court.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
F. Consideration of Special Event Application submitted by
Triangle Foundation for Motor City Pride to be held on Sunday, June
1, 2008
215. Moved by Lennon, seconded by Gumbleton, to approve a Special
Event Permit for Motor City Pride as submitted by Triangle
Foundation, with the following conditions:
The parking lot closure of the Schnell Carah Parking Lot on West
Troy Street between Rosie O’Grady’s and Better Business System’s
warehouse will set-up will begin at 6:00 a.m. on Saturday, May 31,
2008. The Rosie O’Grady Lot and large Troy Street lot will remain
open the entire weekend.
West Troy Street from the western edge of the Rosie O’Grady’s
drive apron to Allen will be closed at 2:00 p.m. on Saturday, May
31, 2008. (The Rosie O’Grady Lot and Troy Street lot will remain
open and accessible via Troy Street and the alley.)
West Nine Mile from Woodward to Planavon and the Planavon Parking
Lot will be closed on Saturday, May 31, 2008, at 8 p.m.
Businesses within the DDA shall be allowed to display goods for
sale within the first 5’ of sidewalk, without payment of a fee to
the event organizers. Said businesses shall not rent any space for
display of goods to third party vendors.
Businesses within the DDA shall not erect any tents or similar
structure on the sidewalk so as to hinder pedestrian traffic.
The second, auxiliary, beer tent as requested by Triangle
Foundation is not approved..
Triangle Foundation will attach flyers to parking meters,
securing with a rubber band, on Friday, May 30, 2008, notifying
consumers of the street and parking closures, as well as at parking
lot entrance signs. "No Parking" bags will be attached to the meters
by Triangle Foundation no earlier than two hours prior to the
itemized street and parking lot closings.
Triangle Foundation will reserve one parking spot in the Rosie
O’Grady’s parking lot per business with a private parking lot
abutting Troy Street that is obstructed by the event, which includes
businesses located at 145, 149, 155, 157, 161, 163, 165, 169, 171
and 175 W. Nine Mile.
Triangle Foundation is responsible for all city costs incurred by
the event, including, but not limited to DPW, Police, and Fire. A
deposit of $2500 is required as a down payment.
Ten days prior to the event Triangle Foundation shall submit to
the City, through the City Clerk’s Office, a Site Plan for the
event, a day-off event contact list for key event personnel and a
Certificate of Liability Insurance naming the City of Ferndale as
additional insured in the amount of at least $1 million.
The event shall not be exempt from Section 2-98 of the City of
Ferndale Code of Ordinances, which states:
Sec. 2-98. Prohibited acts; generally.
No person shall create, assist in creating, continue or permit
the continuation of any excessive or unnecessarily loud disturbance
of noise of a high volume or intensity which is clearly audible and
disturbs, annoys, or endangers the calm, comfort, quiet, repose,
health, peace or safety of others beyond the immediate vicinity of
the disturbance. Such noise disturbance shall be a violation of this
article.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
7. CONSENT AGENDA (continued)
D. Consideration of Drinking Tap Water is Green Thinking
Resolution, as submitted by City Manager
Mayor Covey relinquished the Chair to Councilman Lennon.
216. Moved by Covey, seconded by Gumbleton, to adopt the Drinking
Tap Water is Green Thinking Resolution which calls for City Council
to neither buy nor serve commercially bottled water at City
functions.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
217. COUNCIL LIAISON REPORTS - none
CALL TO COUNCIL
218. Chief of Police Kitchen announced Sgt. Baron Brown as the
Police Officer of the Year.
219. Fire Chief Schmidt reported on fire on East Woodland last
week and thanked DPW for their assistance in pumping out the
basement.
220. Recreation Director Hall announced the Department is still
taking registrations for the Ferndale Foot Frolic.
221. City Clerk Tallman corrected comments she made at an earlier
Council meeting, noting a local ordinance initiative placed on a
regular or primary ballot, excepting a ballot solely for a school
election, would not cause the City to incur additional costs for the
election. City Clerk Tallman noted a petition for ordinance
initiative to repeal the PSD containing sufficient signatures has
been certified as of today. Council now has 20 days to either adopt
the ordinance without alteration or to submit it to the voters at
the August 5, 2008 Primary Election.
222. Moved by Gumbleton, seconded by Lennon, to appoint Mayor
Covey as Interim member of Council Finance Committee in Councilman
Galloway’s absence.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
City Clerk Tallman confirmed the new precincts will be in use for
the May 6, 2008 election. Informational signs will be posted at the
old precincts directing voters to their new polling location, and
Withington residents will have access to transportation provided by
the Kulick Center at three times during election day.
223. Attorney Christ reported that Eden Nightclub’s financial
obligations to the City have been made current and proposed that
Council consider removing its objection to renewal of the Class C
Liquor License.
224. Moved by Lennon, seconded by Gumbleton, to adopt the
Resolution approving renewal of the Class C Liquor License for Eden
Nightclub.
AYES: Council Members Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
225. Councilman Lennon requested that non-working lights at
Martin Road Park be replaced. Councilman Lennon voiced objections to
a recent media report regarding the OLSA building which
characterized the City as unconcerned about accessibility issues and
invited the media to interview him.
226. Moved by Councilman Lennon, supported unanimously to adopt
the Resolution of Condolence for the family of Hanne Lore McChesney.
ADOPTED UNANIMOUSLY
227. Councilwoman Gumbleton congratulated Councilman Galloway and
his new wife, Robin, on their marriage. Councilwoman Gumbleton,
noting she will be unable to attend the Elks Law & Order Night
issued congratulations to the award recipients. Councilwoman
Gumbleton announced at the May 18, 2008 Ferndale Foot Frolic she and
Councilwomen Baker will be kicking off the fitness program, Fit for
Ferndale.
228. Mayor Covey expressed disappointed in the media’s decision
to run a photo montage of empty Ferndale storefronts. He stressed
his optimism about the future of Ferndale, noting developments such
as Lofts on Nine, the rehabbing of the old school building to be
used as a law firm, and the renovation and enlargement of the
Ferndale Public Library. Mayor Covey closed the meeting by quoting a
statement made by the Dalai Lama when he was in Ann Arbor last week,
"There simply aren’t enough natural resources on this planet to
support all six billion people on earth who wish to imitate Western
lifestyles. Because there are limitations on external, material
resources but not on internal ones, it is better to seek contentment
and peace rather than material things. This blue planet is our only
home."
ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at
9:22 p.m.
