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City Council - September 8, 2008

DRAFT

FERNDALE CITY COUNCIL MEETING

Monday, September 8, 2008

A Regular Meeting of the Ferndale City Council was held Monday, September 8, 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

City Manager Bruner asked that the agenda be amended to move the Closed Session so that it immediately follows the Regular Agenda.

386. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve the agenda as amended.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Announcement of August 2008 Beautification Awards

Peggy Snow announced the following Beautification Awards:

Commercial: Pinwheel Bakery, 220 West Nine Mile

Residential: Adam Barton & Bill Moore, 498 St. Louis

Daniele Livernois & Tony Queen, 800 Allen

Zinnia: Norma Van Ness, 2914 Wolcott

Perennial Exchange, Sept. 9:00 a.m. until noon.

5. PUBLIC HEARINGS

A. Rosie O’Grady’s Special Land Use

1) Consideration of Tabling the Rosie O’Grady’s Special Land Use Public Hearing to the next regular City Council meeting of September 22, 2008; and

B. Good Times Food & Drink Inc. (Rosie O’Grady’s) Liquor License Transfer request with Dance Entertainment Permit and a new official permit (food), new outdoor service area, and a new additional bar permit (Total of two Bars).

1) Consideration of Liquor License Resolution to transfer ownership of 2008 Class C-SDM Licensed Business with Dance Entertainment Permit, located at 175 W. Troy, Ferndale, MI 48220, Oakland County, from TS Good Times Food & Drink, Inc. to Good Times Food & Drink, Inc.; and transfer location to 279 W. Nine Mile Road, Ferndale, MI 48220, Oakland County.

387. Moved by Councilwoman Baker, seconded by Councilman Galloway, to table Items 5A and 5B, Public Hearing on Rosie O’Grady’s Special Land Use application and the request for Liquor License Transfer, to the next regular City Council meeting of September 22, 2008.

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

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Residents on Minerva complained about an overpopulation of starlings.

Tiffani Gagne promoted the DIY Festival running September 20-21, solicited donations for the Ferndale Library bake sale and announced the September 18 illumination event for the Woodward Avenue tribute at Cambourne and Woodward.

Scott Guy announced the formation of a new non-profit group in Ferndale, the Deaf Performing Artists Network (D-PAN).

Melanie Piana, representing the Downtown Development Authority DDA, invited local businesses located within the DDA boundaries to attend a bimonthly event on September 24, 2008, 9:00 – 10:00 a.m., hosted by Karma Tea and Tonics.

Garo Boyajian offered suggestions to fine litterers, offer residents "piggy-back" deals with contractors performing public improvements, and using infrared cameras to discover energy leaks.

Dawn Ptaszynski asked for a refund on the money assessed to replace sidewalk slabs last year because the slabs are already failing.

Recreation Director Hall introduced the newly appointed Recreation Supervisor, Jillian Stricker

Councilman Lennon left Council Chambers at 7:58 p.m.

7. CONSENT AGENDA

388. Moved by Councilman Galloway, seconded by Councilwoman Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the joint Ferndale School Board/Ferndale City Council Meeting of August 18, 2008, the Special Meeting of August 25, 2008 and the Regular Meeting held August 25, 2008, the as submitted by City Clerk.

B. Approved issuance of a Pawnbroker’s License to be located at 771 E. Eight Mile Road, to be held by Steven Ruzumna, d.b.a. Cash Your Check Plus, Inc., and to approve the two surety bonds, each in the amount of $3,000.00, as submitted by City Clerk.

C. Authorized additional work and a subsequent payment of $6,619 to Pro, Inc. Roofing and Sheet Metal for the roof replacement project at Fire Headquarters.

D. Approval to authorize payment to Cynergy Wireless of Troy, Michigan, for emergency repairs and replacement of the radio antenna at Fire Headquarters, as submitted by Fire Chief.

E. Authorized payment to Cynergy Wireless, of Troy Michigan, in the amount of $3,545.20 for emergency repairs and replacement of the radio antenna at Fire Headquarters. Funds for this purchase are available in Account # 101-336-775, Repair and Maintenance.

F. Approved the quote of $6,550 of Engine Center, 2351 Hilton Road, Ferndale, for two Ford "CSG649 Dressed Engines," and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-977.

G. Approved the bid of $146,775 of Michigan Caterpillar, 24800 Novi Road, Novi, for one 924H Cat Loader, and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-977.

H. Approved the SMART Contract for Municipal Credit and Community Credit FY-2009 and authorized the Mayor to sign contract.

I. 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

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 7:59 p.m.

8. REGULAR AGENDA

A. Consideration of Report on Plan Commission Denial of Location of 345 East Nine Mile for 43rd District Court.

389. Moved by Councilman Lennon, seconded by Councilman Galloway, to add, recognizing an emergency exists relative to the September 12, 2008 deadline on the Purchase Agreement, Item 8B, "Discussion Regarding the City’s Purchase Agreement for Real Estate Located at 345 East Nine Mile Road".

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

NAYS: None

MOTION CARRIED

390. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to affirm the Plan Commission’s denial of the proposed location of 345 East Nine Mile for renovation for the 43rd District Court.

AYES: Council Members Baker, Galloway, Gumbleton

NAYS: Council Member Lennon, Mayor Covey

MOTION CARRIED

B. Discussion Regarding the City’s Purchase Agreement for Real Estate Located at 345 East Nine Mile Road.

391. Moved by Councilman Galloway, seconded by Councilwoman Baker, that the City Council declares the City is dissatisfied with the environmental condition of the premises at 345 East Nine Mile Road and with other conditions of the premises and that in its discretion wishes to terminate the Purchase Agreement and provide notice to the seller of the City’s intent to terminate its Offer to Purchase real estate located at 345 East Nine Mile Road.

AYES: Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: Mayor Covey

MOTION CARRIED

11. CLOSED SESSION – for the purpose of considering the purchase of real estate in accordance with 15.268(d) of the Open Meetings Act.

392. Moved by Councilman Lennon, seconded by Councilwoman Baker, to adjourn to Closed Session for the purpose of considering the purchase of real estate in accordance with 15.268(d) of the Open Meetings Act.

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned into Closed Session at 8:54 p.m. and reconvened the regular meeting at 9:40 p.m.

9. COUNCIL LIAISON REPORTS

C. South Oakland County Mayors Association (SOCMA) – City Manager Bruner announced the next meeting will be held on Wednesday, September 10, 2008, at The Emory.

F. Woodward Avenue Action Association (WA3) – City Manager Bruner announced the Woodward Avenue Tribute has been installed, and this is the last week to buy tickets to the September 18, 2008 VIP illumination event and car raffle.

10. CALL TO COUNCIL

393. Fire Chief Schmidt announced September is National Preparedness Month and noted emergency preparedness pamphlets are available through the Fire Department.

394. City Manager Bruner announced SOCCRA is holding free recycling workshops on September 16, 2008, 6:00-7:00 p.m. at the Kulick Center and on October 2, 2008, at Royal Oak City Hall, 6:00-7:00 p.m.

395. Councilwoman Baker expounded on her position regarding purchase of the OLHSA building, noting her belief that it was not the best option for the City. Councilwoman Baker noted that Ferndale City Council Members are participating in discussions throughout the metro area on issues important to its residents such as advocacy for transit, environmental issues, sustainability and walkable communities.

396. Councilwoman Gumbleton offered condolences to the family of Victoria Levin, noting her personal and professional relationship with Mrs. Levin and characterizing her as a professionally accomplished woman and one with a passion for family and for connecting with people, and also as a true partner to her husband, Congressman Sander Levin.

397. Moved by Mayor Covey, seconded unanimously, to adopt the Resolution expressing condolences to the family of Victoria Levin.

ADOPTED UNANIMOUSLY

398. Councilman Galloway shared views on the purchase of the OLHSA building, noting that what was lacking was a comprehensive approach to provide for the needs of all City departments, especially the Police Department.

399. Mayor Covey asked that a presentation of proceeds from the Ferndale Pub Crawl be placed on the Council’s next agenda. Mayor Covey promoted two events for the weekend of September 20 – 21, 2008: the Ferndale Art Fair on the west side of Woodward and the DIY Festival on the east side of Woodward.

12. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:55 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk

ATTACHMENT A

CITY OF FERNDALE

RESOLUTION 2008 - 397

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile Road, Ferndale, Michigan 48220 on the 8th day of September, 2008

The following Resolution was moved by Mayor Covey, supported unanimously:

Victoria (Vicki) Levin, 74, of Royal Oak, passed away Thursday, September 4, 2008, at Georgetown University Hospital in Washington, D.C.; and

Victoria Levin was a woman of great courage and warmth; she was an advisor, a nurturer and a staunch supporter of her husband, Congressman Sander Levin, the State of Michigan and especially of children; and

Victoria Levin was born on June 8, 1934 in Detroit, Michigan, was raised there and attended Liggett School; and

She graduated from Wellesley College in Connecticut with a Bachelor’s Degree in History in 1955, and then proceeded to earn her Master’s Degree from the Simmons School of Social Work in 1957; and

Victoria and Sander Levin were married in 1957, thus beginning over a half-century partnership of dedicated public service, commitment and advocacy for the people of Michigan; and

Mrs. Levin began her career in Psychiatric Social Work at the Oakland Child Guidance Clinic in Royal Oak, but interrupted it to raise a family with her husband and to engage in community and political work; and

The Levins moved to the City of Berkley in 1959, where Victoria joined the Berkley Council for Better Schools to advocate for better public education; and

From 1967 to 1970, she served on the Oakland County Community Mental Health Board, and it was her interest in children with special mental health challenges that spurred her husband, then a state senator, to lead an effort to rewrite Michigan’s Special Education Laws; and

In 1979, Victoria Levin launched a new career, which was to span nearly another 30 years, as a Science Research Officer for several federal agencies within the U.S. Department of Health and Human Services; and

During this time Mrs. Levin mentored scores of scientists assisting them in navigating the rigorous requirements of federal research funding, finding colleagues and advancing in their careers; and

Mrs. Levin became a leading researcher on infant and children’s mental health and development issues and is credited for her key role in the growth of the field of Developmental Psychopathology; and

Due to ill health, in the spring of 2008, Mrs. Levin retired leaving a legacy for others to take up and follow - to improve the lives of children; and

Victoria S. Levin was loved, respected and an incredible example to others and will be missed by many, but especially by her husband, Sander; children, Jennifer Levin Pensler, Andrew, Madeleine and Matt; eight grandchildren; brother, Dale (Susan) Schlafer; brother-in-law, Carl (Barbara) Levin and numerous colleagues and friends.

THEREFORE, BE IT RESOLVED that we, Ferndale's elected officials, do hereby extend our Community's condolences to the family of Victoria S. Levin.

BE IT FURTHER RESOLVED that a copy of this Resolution, duly certified, be forwarded to the family.

ADOPTED UNANIMOUSLY

 

 

 

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