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City Council - March 23, 2009

FERNDALE CITY COUNCIL MEETING
Monday, March 23, 2009

A Regular Meeting of the Ferndale City Council was held Monday, March 23, 2009 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

092. 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

A. Community Development Services – Neighborhood Stabilization Program (NSP)

CDS Director Scheer reported the City has received $1.15 million in federal funds to help address vacant and foreclosed housing units in the City. She then made a short PowerPoint presentation to inform Council and the public about the NSP, current status and next steps.

B. Downtown Development Authority (DDA)

Veronica Lujic, Chairperson of the Ferndale DDA Board of Directors, provided an update on the DDA’s current activities, programs, projects and need for community-wide activism. Chris Hughes, Marketing Director for the DDA, shared information about upcoming events sponsored by the DDA.

C. Ferndale Fire Department - Severe Weather Awareness Week

Fire Chief Schmidt gave a short presentation on Severe Weather Awareness Week

5. PUBLIC HEARINGS

A. 2009 Liquor License Renewals; and

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

An updated memo from City Manager Bruner, distributed at the table, reported the following establishments addressed the City’s concerns and are not to be part of the Public Hearings:

Club Bart

Blue Nile

Buffalo Wild Wings

Go Comedy!

S&J Post

Nami Sushi

City Attorney Christ noted the statutory reference in the first paragraph of each resolution should be updated to MCL 436.1501(2).

1. Eden Nightclub, 22061 Woodward

Mayor Covey opened the public hearing at 7:45 p.m. and, there being no public comments, closed the public hearing at 7:46 p.m.

093. Moved by Lennon, seconded by Gumbleton, to adopt the Resolution objecting to the renewal of the Class C liquor license for 2009 for Eden Nightclub, 22061 Woodward Avenue, Ferndale, Michigan 48220.

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

NAYS: None

MOTION CARRIED

2. Via Nove, 1810 Planavon

Mayor Covey opened the public hearing at 7:49 p.m.

Chris Dragone complained about noise from 10:00 p.m. until 2:00 a.m. Joan Scheel also complained about the noise and the constant, repetitive vibration and thump of bass.

There being no further comments, Mayor Covey closed the public hearing at 7:58 p.m.

094. Moved by Lennon, seconded by Baker, to adopt the Resolution objecting to the renewal of the Class C liquor license for 2009 for Via Nove, 1810 Planavon, Ferndale, Michigan 48220.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:00 p.m.

5. Starving Artist, 212 W. Nine Mile Road

Mayor Covey opened the public hearing at 8:01 p.m. and, there being no public comments, closed the public hearing at 8:02 p.m.

095. Moved by Galloway, seconded by Gumbleton, to adopt the Resolution objecting to the renewal of the Class C liquor license for 2009 for Starving Artist Restaurant, 212 W. Nine Mile Road, Ferndale, Michigan 48220.

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

NAYS: None

ABSENT FROM THE TABLE: Council Member Lennon

MOTION CARRIED

7. Gracie’s Underground, 22757 Woodward

Mayor Covey opened the public hearing at 8:04 p.m. and, there being no public comments, closed the public hearing at 8:05 p.m.

Councilman Lennon returned to Council Chambers at 8:06 p.m.

096. Moved by Galloway, seconded by Gumbleton, to adopt the Resolution objecting to the renewal of the Class C liquor license for 2009 for Gracie’s Underground, 22757 Woodward Avenue, Ferndale, Michigan 48220.

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

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Trevor Johnson, promoted the Neighborhood Garden and the Rent-a-Farmer program.

Susie Vajda voiced opposition to the location of the South Oakland Shelter (SOS) offices in the proposed zoning district.

Harry Pianko, VegMichigan, promoted VegFest on Sunday, April 26 at Ferndale High School.

Lynna Kaucheck, Ferndale Environmental Impact Commission (EIC), announced the EIC is seeking nominations for both a commercial and a residential Green Award to be given to environmental leaders for 2008.

Greg Pawlica promoted the Assembly Line Concert being held at AJ’s Café to raise awareness of the struggling automobile industry and the American worker. Mr. Pawlica also promoted the upcoming FernCare fundraising dinner.

Ann Heler, President of FernCare, promoted the fundraising dinner on April 2, at the Royal Oaks Elks Lodge.

Jerry Olli, Southeast Oakland Coalition, promoted an event on Thursday, March 26, 5:00-7:00 p.m. at the Kulick Center honoring several members of the Ferndale community. Mr. Olli also promoted the Elks Law and Order Night on May 2.

Marsha Scheer, CDS Director, reported: 1) the number of permits issued to date exceeds the number issued at this time last year; 2) a class will be held on Avoiding Foreclosure at the Royal Oak Public Library on March 30, at 7:00 p.m.; and 3) a web scam is being perpetrated at www.bailout.hud/gov. She explained it is not a legitimate website, but a phishing website.

Mayor Covey left Council Chambers at 8:25 p.m. and returned at 8:27 p.m.

7. CONSENT AGENDA

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

A. Approved the Minutes of the Regular Meeting held March 9, 2009.

B. Approved the appointment of John Shetler to the Community Media Network Board of Directors until his removal or resignation in accordance with the City’s procedures, polices or ordinances and the Community Media Network’s Bylaws.

C. Approved the proposal from ASTI Environmental for UST removal at 1741 Livernois, American Legion Hall, to charge the estimated expense to 445-818 and authorized the Mayor to execute the proposal.

D. Scheduled a Public Hearing for April 27, 2009 to vacate 230.9 feet of the North-South alley right-of-way, 18-20 feet in width, between Adams Court and Fielding, and directed the City Clerk to publish the Public Hearing Notice as required.

E. Approved the fee proposal of $2,745 from Dixon Engineering and Inspection Services, 1104 Third Avenue, Lake Odessa, Michigan, to charge the expense to the Water and Sewer Fund, Contractual, account number 592-818, approved the contract by and between the City and Dixon and authorized the Mayor and City Clerk to execute the contract.

F. Approval of purchase and installation of a Dual Core Intel Pentium E2220 network server with a removal backup hard drive and software from Metro Computer Services, LLC, 2060 Harvard Road, Berkley, Michigan for $5,359 and to charge the expense to the Vehicle and Equipment Fund, Capital, account number 661-977.

G. Authorized the purchase of five (5) 100 foot lengths of Hose Key Fire Hose, Model RC50-400Y-100-Storz, yellow five-inch supply hose from the low bidder, Time Emergency Equipment of Roscommon, Michigan for the total price of $2,735.00 plus shipping. Funds for this purchase are budgeted and available in Account # 101-336-740, Operating Supplies.

H. Adopted Resolution appointing the Oakland County Emergency Management Coordinator as the City of Ferndale’s Municipal Emergency Management Coordinator, and authorized the Mayor and Clerk to sign the Emergency Operations Plan supporting the Oakland County Emergency Operations Plan.

I. Approved the Program Year 2008 CDBG Subrecipient Agreement Addendum with Oakland County for the Neighborhood Stabilization Program (NSP) and authorized the Mayor to sign the Agreement.

J. Adopted Ordinance No. 1071, amending Chapter 6, Article I, Section 6-1, of the Ferndale Code of Ordinances to incorporate Appendix F of the 2006 Michigan Building Code.

K. Approved the Landscape Maintenance and Hauling Services Contract with Precision Contracting, Inc. valid from April 1, 2009 through March 31, 2014 and authorized the Mayor and City Clerk to sign the contract.

L. Approved the upgrade of Clerk Typist I position in the Recreation Department from part-time to full-time.

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 Galloway, Gumbleton, Lennon, Baker, Mayor Covey.

NAYS: None

MOTION CARRIED

8. REGULAR AGENDA

A. Appointments to Boards

1. Environmental Impact Commission

098. Moved by Lennon, seconded by Gumbleton, to appoint Mark Van Dyke and Douglas Christie to the Environmental Impact Commission for terms ending December 31, 2010.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:30 p.m.

2. Ferndale Arts and Cultural Commission

099. Moved by Galloway, seconded by Gumbleton, to appoint Heather Mitchell and Michelle Delacourt to the Ferndale Arts and Cultural Commission for terms ending December 31, 2010.

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

NAYS: None

ABSENT FROM TABLE: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:34 p.m.

B. Consideration of gypsy-moth infestation abatement.

100. Moved by Galloway, seconded by Gumbleton, to approve an aerial spraying in May of an estimated 155 acres in the northwest quadrant in an effort to control a gypsy-moth infestation, and to charge the estimated expense of $11,550 to DPW General, Contractual, account number 101-441-818.

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

NAYS: None

MOTION CARRIED

C. Consideration of Council Appointees’ 2009 Goals and Salary/Benefit Adjustments.

101. Moved by Lennon, seconded by Baker, to approve the 2009 goals and a 2% salary increase for the Police Chief as submitted.

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

NAYS: None

MOTION CARRIED

102. Moved by Baker, seconded by Gumbleton, to approve the 2009 goals and a 2% salary increase for the Fire Chief.

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

NAYS: None

MOTION CARRIED

103. Moved by Baker, seconded by Lennon, to approve the City Manager’s 2009 goals, a 2% salary increase, effective July 1, 2009, and tuition reimbursement allotment of up to $1,000 per fiscal year, effective immediately.

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

NAYS: None

MOTION CARRIED

104. Moved by Lennon, seconded by Gumbleton, to approve the 2009 goals, a 2% salary increase and $40/month cell phone allowance for the City Clerk as presented.

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

NAYS: None

MOTION CARRIED

9. COUNCIL LIAISON REPORTS:

B. Michigan Suburbs Alliance (MSA) – City Manager Bruner announced applications from members of the millennial generation (18-35 year olds) are being accepted for the Mayors’ Millennial Congress until the end of the month.

C. South Oakland County Mayors Association (SOCMA) – Mayor Covey reported on the March meeting in Berkley and announced the next meeting will be held at Royal Oak Beaumont Hospital during the first week of April.

F. Woodward Avenue Action Association (WA3) – Councilwoman Baker announced WA3 has been awarded a grant from the Community Foundation of Southeast Michigan.

10. CALL TO COUNCIL

105. DPW Director Photiades confirmed yard waste pickup begins the first Monday in April.

106. Chief of Police Kitchen announced the Fraternal Order of Police, South Oakland lodge will be holding an eight-hour mandatory educational session for persons seeking a CPW license on April 11 for $100. The proceeds will go to charity. Chief Kitchen reported that effective immediately second time and subsequent OUIL offenders will have their vehicle seized and will pay at least $900 for retrieval. Chief Kitchen announced that members of the Police Department read to the students at Roosevelt School in honor of National Reading Month. Chief Kitchen presented a thank you gift from the New Orleans Police Department for Ferndale’s assistance in the Sixth Ward during the aftermath of Hurricane Katrina.

107. Recreation Director Hall reported the Spring/Summer brochure will be mailed next week.

108. City Clerk Tallman reported Absentee Voter Ballots are being mailed upon request for the May 5th Ferndale and Hazel Park school board elections. City Clerk Tallman noted that the deadline for nominating petitions for candidates for Library Board are due in her office no later than 4:00 p.m. on May 12. City Clerk Tallman also noted that the deadline for nominating petitions for candidates for City Council and Mayor are due in her office no later than 4:00 p.m. on August 4.

109. City Manager Bruner introduced his request for Council action regarding the Urban Revitalization 2.0 Entitlement Grant Program.

110. Moved by Galloway, seconded by Gumbleton, to authorize the City Manager to finalize and submit a Grant Request of no more than $30,000 and appropriate $30,000 from the FYE 2010 Public Improvement Fund for the local match.

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

NAYS: None

MOTION CARRIED

111. Councilwoman Baker announced the upcoming Annual Eight Mile Blvd. Association (8MBA) Leadership Luncheon on May 15, 2009. Councilwoman Baker recapped the National League of Cities Congressional Cities Conference in Washington D.C. which she, Councilwoman Gumbleton and Councilman Lennon attended.

112. Councilman Galloway promoted the Chamber of Commerce, welcomed the new Executive Director, announced the Ferndale First program, an educational opportunity to be held on March 26, and noted the Chamber is looking for ambassadors to the business community.

113. Mayor Covey reported RFP’s for the courthouse project have been submitted and are being reviewed. Mayor Covey noted the City has been recognized by the American Cancer Society for its participation in last year’s Relay for Life and announced this year’s event will be held June 20-21. Mayor Covey announced the City has been recognized for the 7th year in row as a Tree City USA. Mayor Covey noted that he also read to first graders at Roosevelt School as part of National Reading Month.

11. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:11 p.m.

J. Cherilynn Tallman, City Clerk

 

 

 

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300 East Nine Mile Road
Ferndale, Michigan  48220
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