City Council - September 22, 2008

Summary

FERNDALE CITY COUNCIL MEETING

Monday, September 22, 2008

A Regular Meeting of the Ferndale City Council was held Monday, September 22, 2008 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:35 p.m.

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

Absent: None

400. Moved by Lennon, seconded by Baker, to table Item 8G, "Discussion of City Building Plans and Economic/Budget Forecasts" to the regularly scheduled Council meeting of October 13, 2008.

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

NAYS: None

MOTION CARRIED

401. Moved by Galloway, seconded by Gumbleton, to approve the agenda as amended.

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

NAYS: None

MOTION CARRIED

Gina Flavin presented information on FYA, the number of families serviced last year and also upcoming fundraisers.

Monica Mills, Pub Crawl Co-Chair, presented the proceeds from the Ferndale Pub Crawl to Ferndale Police Auxiliary, Ferndale Community Foundation, FernCare Free Clinic, and Ferndale Disability Commission.

Ken Veenstra suggested natural methods for lawn maintenance.

Peggy Snow announced the September winners:

COMMERCIAL: Winter plc, 901 Livernois

RESIDENTIAL: Ruth Webb French, 506 Flowerdale

Diane Lewis, 510 Spencer

Ms. Snow and Mayor Covey presented certificates to all 2008 award winners.

1) Consideration of Special Land Use as requested by Rosie O’Grady’s to permit an Open Air Business (food and beverage service and recreational activities) at 279 West Nine Mile Road.

Seven residents/business owners voiced opposition to the outdoor service area because of the potential noise. One resident spoke in favor of the outdoor service area.

402. Moved by Baker, seconded by Lennon, to approve the Resolution approving the Special Land Use application and the site plan submitted by Daniel Dalton of Tomkiw Dalton on behalf of Brian Kramer of Rosie O’Grady’s to permit the Open Air Business (food and beverage service and recreational activities) with the findings and conditions recommended by the Plan Commission at its August 21, 2008 meeting.

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

NAYS: None

MOTION CARRIED

Mayor Covey deviated from agenda to welcome Detroit City Councilwoman Sheila Cockrel to the podium. Councilwoman Cockrel relayed greetings from the Detroit City Council and from Detroit’s new mayor, Ken Cockrel. As the Assistant Director of the Institute for Local Government at the University of Michigan Dearborn, Councilwoman Cockrel invited participation in the educational opportunities available for elected officials.

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.

One resident expressed concern about noise from the outdoor service area.

403. Moved by Galloway, seconded by Baker, to recommend to the Michigan Liquor Control Commission approval of the request 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 Ferndale Good Times Food & Drink, Inc. with Dance Entertainment Permit, a new official permit (food), new outdoor service area and a new additional bar permit (total of two bars); and transfer location to 279 W. Nine Mile Road, Ferndale, MI 48220, Oakland County.

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

NAYS: None

MOTION CARRIED

CDS Director Marsh Scheer urged residents to take the online Code Enforcement Survey.

County Commissioner Dave Coulter reported Oakland County has adopted a balanced budget, spoke about expected decreases in revenue from property taxes and announced flu shots will be available for $11.00 at the Royal Oak Farmer’s Market on Wednesday, October 8, 2008 from 9:00 a.m. until 4:30 p.m.

A resident expressed disappointment that the residents and the community were not thanked during the unveiling of the Woodward monument.

Six residents spoke in opposition to the City spending cash reserves to upgrade City facilities. One resident suggested Council appoint a citizen committee to investigate the need and financing options for refurbishing City facilities.

William Lewis, American Pop, asked that a citation he received for an outdoor display be rescinded.

Downtown Development Authority Director Cristina Sheppard-Decius announced the bi-monthly DDA business networking meeting to be held on Wednesday, September 24, 2008 at 9:00 a.m. at the newly reopned Karma Tea and Tonics, 309, W. Nine Mile.

Bob Porter congratulated Ferndale on the success of the Funky Ferndale Art Fair and the DIY Festival. Mr. Porter Implored residents to examine the candidates and issues, and to vote in November.

Billy Sandifer, business owner on Nine Mile, asked that an alternative to individual business owners removing snow and ice from the downtown sidewalks be considered.

404. Moved by Lennon, seconded by Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular City Council Meeting held September 8, 2008.

B. Approved Parade Permit as submitted by the United Student Assembly of Ferndale High School for a parade to be held on October 10, 2008 at 5:30 p.m. on Nine Mile Road between Woodward Ave. and Pinecrest and along Pinecrest from Nine Mile Road to Ferndale High School.

C. Approved the Ferndale Association of Court Employees (F.A.C.E.) Tentative Agreement which includes a 2% salary increase effective July 1, 2008 to June 30, 2008; approval of a 2% in salary and hourly rate for non-union and part time court employees, effective July 1, 2008; and an increase in salary for the Court Administrator in the amount of $3,980.

D. Approved entering into an "Automatic Aid Agreement For Exchange Of Fire Services Between the Cities of Ferndale, Hazel Park and Madison Heights," and authorized the Mayor and City Clerk to sign the agreement.

E. Approved a recommendation to Michigan Liquor Control Commission to approve a transfer of ownership of 2008 Class C licensed Business with Dance-Entertainment Permit, located at 2257 Woodward, Suite 300, Ferndale, MI 48220, Oakland County, from Gracie’s Underground LLC to Drummy, LLC.

F. Adoption of Resolution Proclaiming September 17-23, 2008 as Constitution Week

G. Approval of 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

405. Moved by Galloway, seconded by Baker, to confirm the appointment of Michael Evoy to the Civil Service Board for a term ending in December 31, 2012.

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

NAYS: None

MOTION CARRIED

406. Moved by Galloway, seconded by Baker, to adopt Ordinance Number 1058, amending Section 8.03 K to permit payment in lieu of parking and to set the fee at $5,000 per space for 1-5 spaces, $4,000 for spaces 6-10, and $3,000 for spaces over 11.

407. Moved by Lennon, seconded by Galloway, to amend the motion to include a sentence at the end of Paragraph 2: "The number of parking spaces subject to the payment in lieu of providing off-street parking provision shall be based on a determination of parking spaces satisfying the parking regulations of Zoning Ordinance Section 8.07."