City Council -

DRAFT
FERNDALE CITY COUNCIL MEETING
Monday, May 12, 2008
A Regular Meeting of the Ferndale City Council was held Monday, May 12, 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 Baker, Galloway Gumbleton, Lennon.

Absent: None

3. APPROVAL OF AGENDA

236. Moved by Lennon, seconded by Baker, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

237. National Poppy Week

237. Moved by Mayor Covey, supported unanimously, to declare May 12-17, 2008 as Poppy Week in the City of Ferndale.

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

NAYS: None

MOTION CARRIED

238. National Police Week/Comments from Chief of Police Kitchen

238. Moved by Mayor Covey, supported unanimously, to observe the week of May 11, 2008 as Police Week and Thursday, May 15, 2008 as Peace Officers’ Memorial Day in the City of Ferndale.

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

NAYS: None

MOTION CARRIED

239. Code Enforcement Procedures

CDS Director Scheer provided information for property owners on enforcement procedures and the most common violations, as well as information on avoiding foreclosure, and presented an update on the Code Enforcement Survey on the City’s website

240. Ferndale Public Schools

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

241. CALL TO AUDIENCE

Nancy Goedert addressed newspaper reports that plaintiffs in the "Honking" case are suing the City, noting that attorneys are allowed to sue for costs from the losing side.

Martin Chouinard, noting that the License Agreement with Seasonal Corner provided that they not display anything higher than 2’ between the curb and the sidewalk, reported that on May 10, 2008, numerous items in excess of 3’ were on display in that area. He suggested that Council not approve such agreements in the future or that they provide some mechanism of monitoring the activities.

Lynna Kauchek presented the green tip for the week from the Ferndale Environmental Impact Commission entitled Three Steps to Recycling: 1) Pick up a $10 Recycling bin from DPW; 2) Pick up a pamphlet on materials which may be Recycled; and 3) Set your recyclables out on the same day as trash pickup.

Frank Flores, American Legion, announced the Ferndale Memorial Association, which is responsible for the annual Memorial Day Parade, is ready to launch a fundraising program to rehabilitate the old memorial.

Robert Porter, citing the current economic climate and the foreclosure epidemic, asked Council to place a one or two year moratorium on the Sidewalk Program. He also noted that a recent article from SOCCRA claims 1/3 of recyclable items are going into regular trash and encouraged recycling in the City of Ferndale. Mayor Covey asked City Manager Bruner to investigate the possibility of a moratorium on the Sidewalk Program for the next Council agenda.

Brian Cooley reported on the Arbor Day planting, and noted it is time for nominations to be made for the annual Beautification Awards.

Steve Kuzmanovich, noting his term on the Civil Service Board has expired, asked about the status of his reappointment and asked that he be reappointed to the Board.

Councilman Lennon left Council Chambers at 8:07 p.m.

7. CONSENT AGENDA

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

A. Approved the Minutes of the Regular Meeting held April 28, 2008 and Special Meetings held April 30, 2008 and May 5, 2008, as submitted by City Clerk.

B. Approved the annual license of Jamie Warron for the operation of a Theatre and/or Moving Picture Show known as The Ringwald Theatre, located at 22742 Woodward Avenue., as submitted by City Clerk.

C. Adopted Resolution Authorizing the sale of Limited Tax General Obligation (LTGO) Bonds in an amount not to exceed $2.0 million, and to authorize the City Clerk to return three (3) certified copies to Miller, Canfield, et al., as submitted by Finance Director/Assistant City Manager.

D. Approved Software and Live Scan Agreement between the City and Oakland County, as submitted by Police Chief.

E. Adopted Resolution recommending approval for the application from Assaggi, Inc. for a new outdoor service (2nd area) to be located on City sidewalk, in conjunction with the 2008 Class C Licensed Business with entertainment located at 330 W. Nine Mile, as submitted by City Clerk.

F. Approved purchase of a Ferno Model FW93PS-PL ambulance cot at $4,307.80, a Ferno Model FW6502, O2 tank holder at $92.80, and a Ferno Model FW081-9991 Large Body Surface attachment at $1,152.20 for a total price of $5,552.80 from Southeastern Emergency Products, of Wake Forest, North Carolina. Funds for this purchase are budgeted and are available in Account # 101-336-761, Medical Supplies, as submitted by Fire Chief.

G. Approved re-appointments of DPW Director Byron Photiades as Representative and Robert J. Bruner, Jr., City Manager as Alternate to represent the City of Ferndale on the Board of Trustees of the Southeastern Oakland County Resource Recovery Authority for fiscal year beginning July 1, 2008, as submitted by City Manager.

H. Approved contract by and between Alpha Electric, Inc., 39349 Mound Road, Sterling Heights, to provide the work and materials for improving the intersection of Woodward Heights Boulevard and Hilton Road with new traffic signals, poles and mast arms.

I. Approved the invoice of $101,345 from ABC Paving Company, 2650 Van Horn Road, Trenton, for 35 street repairs, and that the expense be charged to the Water/Sewer Fund, Repair and Maintenance, account no. 592-775, as submitted by DPW Director.

J. Approved Agreement for using the Detroit Water and Sewerage Department’s billing meter radio signal and to authorize the City Manager to sign Agreement.

K. Approved Addition of Assessment of Delinquent Receivables to Summer 2008 Tax Roll, as submitted by Assessor/Treasurer.

L. Adopted Resolution recommending approval of the application from G & K Restaurant Enterprises, LLC for a new outdoor service (1 area) in conjunction with the 2008 Class C-SDM Licensed Business with entertainment permit and official permit (food), located at 22914 Woodward, Ferndale, MI 48220, as submitted by City Clerk.

M. 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, Mayor Covey

NAYS: None

MOTION CARRIED

8. REGULAR AGENDA

A. Appointments to Boards

1) Jason Krieger of Krieger Architects to the DDA.

243. Moved by Galloway, seconded by Gumbleton, to confirm the appointment of Jason Krieger to the Downtown Development Authority for a term ending December 31, 2011.

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

NAYS: None

MOTION CARRIED

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

2) Luke Forest to Plan Commission.

244. Moved by Galloway, seconded by Baker, to confirm the appointment of Luke Forest to the Plan Commission for a term expiring December 31, 2008.

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

NAYS: None

MOTION CARRIED

B. Consideration of Draft Master Plan Distribution

245. Moved by Galloway, seconded by Baker, to approve distribution of the draft Master Plan as required by MCL 125.36 (PA 285 of 1931) to each contiguous city, Oakland County, SEMCOG, all public utilities and the railroad operating or located within Ferndale and to reserve the right to approve or reject the proposed plan, consistent with MCL 125.43.

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

NAYS: None

MOTION CARRIED

C. Consideration of Ordinance No. 1046 regarding alcohol use at the Kulick Center and City Parks and Consideration of Alcohol Policy at Kulick Center and City Parks.

Mayor Covey left Council Chambers at 8:31 p.m. and returned at 8:33 p.m.

246. Moved by Lennon, seconded by Baker, to approve Ordinance No. 1046, amending Sec. 3-4 of the City Code to allow permitted use of alcohol at the Kulick Community Center, and to approve the Kulick Center Alcohol Policy.

AYES: Council Member Lennon, Mayor Covey

NAYS: Council Members Baker, Galloway, Gumbleton

MOTION FAILED

Councilman Lennon left Council Chambers at 8:49 p.m.

D. Consideration to adopt the initiative ordinance petition, Ordinance No. 1047, which repeals the Principal Shopping District by repealing Ordinance Numbers 909 and 1028.

247. Moved by Galloway, seconded by Baker, to adopt the initiative petition ordinance to repeal Ordinance No. 909 (Article VII. Principal Shopping District) and repeal Ordinance No. 1028 (Ordinance to Amend Chapter 19, Urban Redevelopment, Article VI, Downtown Development Authority, Section 19-84, Description of Principal Shopping District) of the Ferndale Code of Ordinances, as petitioned by the No PSD Committee and supported by the Ferndale DDA.

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

NAYS: None

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:52 p.m.

248. COUNCIL LIAISON REPORTS

B. Michigan Suburbs Alliance (MSA) – City Manager Bruner reported the MSA’s Annual Meeting will be held at the Dearborn Inn on Friday, May 16, 2008.

CALL TO COUNCIL

249. Fire Chief Schmidt complimented his staff on their response to two recent incidents.

250. Recreation Director Hall recognized Dennis Hoeppner, Member of the Parks and Recreation Advisory Board, who has been named the Ferndale Elks’ Senior of the Year.

251. City Manager Bruner reported on the Brownfield Conference in Detroit, noting Ferndale was featured in a short film sponsored by the MML and received much attention during the Conference.

252. Councilwoman Gumbleton announced Friday, May 16, is Ferndale High School’s 3rd Annual Safe Night from 7:00 – 10:00 p.m., and is sponsored by the Southeast Oakland Coalition and Ferndale Youth Assistance. Councilwoman Gumbleton noted the Good Neighbors Garden is in need of volunteers. Councilwoman Gumbleton reported that Representative Andy Meisner sent out an email announcing that May is Military Appreciation Month.

253. Councilwoman Baker commented that the comments from other Council Members persuaded her to change her vote on the Kulick Center Alcohol Policy. Councilwoman Baker noted that Council’s action to repeal the PSD shows that the voices of the community were heard.

254. Councilman Lennon commented that this Council has been very supportive of the war protesters, and expressed his disappointment in the lawsuit that has been brought against the City. Councilman Lennon indicated he has received a number of letters from residents regarding the basketball hoops at Wanda Park and assured the residents he would be responding as quickly as possible. He noted that City staff is working on the issue.

255. Councilman Galloway commended Recreation Director Hall’s professional approach and suggestions for addressing the basketball situation at Wanda Park. Councilman Galloway noted that on April 14 Council considered wage adjustments for Appointees and that the information requested at that time on the Chief of Police and Fire Chief’s requests for benefits be provided in the next Council packet.

256. Mayor Covey announced Council passed a balanced budget with no cuts in staff or services and has added to the City’s Fund Balance. Mayor Covey reiterated that the PSD has been defeated and there will be no additional taxes levied on the downtown businesses. He commended DDA Director Decius-Sheppard for her professional conduct and for the successful work of the DDA.

Mayor Covey recessed the meeting at 9:12 p.m. and reconvened at 9:23 p.m.

CLOSED SESSION

257. Moved by Lennon, seconded by Baker, to adjourn to Closed Session for the purpose of consulting with the City Attorney regarding trail or settlement strategy in connection with litigation and to consider attorney-client privileged communication pursuant to Section 8e and h of the Open Meetings Act.

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned the meeting to Closed Session at 9:24 p.m. and reconvened the regular meeting at 9:53 p.m.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:53 p.m.

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The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan  48220
(248) 546-2525
City Hall Hours:
Monday - Thursday 8:00am - 5:30pm
Closed Fridays