City Council - April 27, 2009

Summary
FERNDALE CITY COUNCIL MEETING
Monday, April 27, 2009

A Regular Meeting of the Ferndale City Council was held Monday, April 27, 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

City Clerk Tallman requested the addition of Item C, Presentations, Downtown Development Authority. City Manager Bruner requested the addition of Item G, Regular Agenda, Consideration of Liquor License Renewals.

138. 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

4. PRESENTATIONS

A. Blues Festival Presentation of Proceeds to Ferndale Youth Assistance

Monica Mills, Blues Festival Co-chair, recognized Blues Festival volunteer Ann Hubbarth. Ms. Mills and Ms. Hubbarth presented the proceeds from the 2009 Blues Festival to Ferndale Youth Assistance and presented several awards to participants.

B. Michigan Suburbs Alliance (MSA) – Redevelopment Ready Communities Program

Melanie Piana, Michigan Suburbs Alliance, and Dave Scurto, a planner with Carlisle Wortman, reviewed the findings, outcomes and recommendations of the final Redevelopment Ready Communities® evaluation report for the City of Ferndale.

C. Downtown Development Authority (DDA

Jerome Raska, DDA Treasurer, explained the funding mechanisms for the DDA.

5. PUBLIC HEARINGS

A. Alley Vacation - 21477 Woodward

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

139. Moved by Lennon, seconded by Baker, to adopt the Resolution vacating the north-south alley between Fielding and Adams Court west of Woodward.

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

NAYS: None

MOTION CARRIED

B. Final Project Plan for Water System.

Brad Shepler and Mike MacDonald from Hubbell, Roth & Clark, Inc., Consulting Engineers, presented an overview of the existing water system, recent improvements and additional improvements needed. They recommended an upgrade of the water meter and data collection system and installation of approximately 1,450 feet of new water main. They then summarized the low interest loan program through the Michigan Department of Environmental Quality’s (MDEQ) Drinking Water Revolving Fund (DWRF), with the possibility of debt repayment through American Recovery and Reinvestment Act (ARRA) grants.

Rich Gardner and John Traynor, water system vendors, explained the fixed water meter reading system being recommended as a replacement for current water meters.

Mayor Covey opened the public hearing at 8:43 p.m., and, there being no comments, closed the public hearing at 8:43 p.m.

140. Moved by Galloway, seconded by Gumbleton, to adopt the Resolution adopting the Final Project Plan for water system improvements and designating Director of Public Works, Byron A. Photiades, as the authorized project representative.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:44 p.m. and returned at 8:45 p.m.

C. Fiscal Year 2010 City of Ferndale Budget.

Mayor Covey opened the public hearing at 8:45 p.m., and, there being no comments, closed the public hearing at 8:45 p.m.

141. Moved by Galloway, seconded by Gumbleton, to receive the levy as proposed on forms L-4029 and review as part of the FYE-2010 Budget process, with a planned adoption date by Friday, May 8th.

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

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Dan Martin, Ferndale Community Foundation, solicited grant applications, noting the deadline for applications is May 22, 2009.

Julie Glazier, Publicity Chair for Ferndale Youth Assistance, provided an update on upcoming activities.

Doug Raber, Library Director, made several announcements concerning the opening of the Library at its temporary location and also announced the groundbreaking ceremony for the renovation will be Saturday, May 2, 2009, at 11:00 a.m.

Marsha Scheer, CDS Director, announced a group of attorneys in Ferndale is setting up a seminar to assist residents facing foreclosure. More information will be forthcoming.

Councilman Lennon left Council Chambers at 8:55 p.m.

7. CONSENT AGENDA

Councilwoman Gumbleton requested Items B, F and L be removed from the Consent Agenda to be considered following the Regular Agenda.

142. Moved by Baker, seconded Gumbleton, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Special and Regular Meetings held April 13, 2009, and the Special Meeting held April 15, 2009.

C. Approved the annual license of Jeremy Haberman for the operation of a Theatre and/or Moving Picture Show, the Magic Bag, located at 22920 Woodward Avenue.

D. Approved the annual license of Jamie Warrow for the operation of a Theatre and/or Moving Picture Show, The Ringwald, located at 22742 Woodward.

E. Approved the purchase of a Hurst, Jaws of Life, hydraulic rescue tool to include power unit, spreader cutter and mini cutter, hoses, fittings and accessories from Apollo Fire Equipment Company of Romeo, Michigan, for the price of $25,995. Funds for this purchase are to be taken from account number 101-336-977, Capital Outlay.

G. Approved and acknowledged the Prospective Membership Appointment List of volunteers as provided by the FYA Caseworker and directed that the City Clerk forward a certified excerpt of the Council minutes to the Ferndale Youth Assistance Office.

H. Approved the reappointments of Suzanne Rowe and Diane Hart to the Beautification Commission for terms ending December 31, 2010.

I. Approved the low quote of $3,150 from Premium Electric of Ferndale, to install conduit for a phone line to serve the Albany booster station, and to charge the expense to the Water and Sewer Fund, Phone/Communications, account no. 592-000-853.

J. Approved the low bid of $5,321 from Nationwide Construction Group, of Chesterfield, to replace the gate to the vehicle-impound storage lot, and to charge the expense to the Vehicle and Equipment Fund, Capital, account no. 661-000-977.

K. Approved Specialized Services contract for FY2009 with Suburban Mobility Authority for Regional Transportation (SMART).

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

ABSENT FROM TABLE: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:59 p.m.

7. REGULAR AGENDA

A. Appointments to Boards

1) Henry Johnson and Charity Mendoza to the Ferndale DDA Board of Directors.

143. Moved by Baker, seconded by Gumbleton, to appoint Henry Johnson to the Ferndale DDA Board of Directors with a term expiring December 31, 2011, and to appoint Charity Mendoza to the Ferndale DDA Board of Directors with a term expiring December 31, 2009.

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

NAYS: None

MOTION CARRIED

2) Thomas Styf to the Construction Board of Appeals.

144. Moved by Gumbleton, seconded by Baker, to confirm the appointment of Thomas Styf to the Construction Board of Appeals for a 3-year term ending June 30, 2012.

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

NAYS: None

MOTION CARRIED

B. Consideration of Sidewalk Sale by Carlotta Cardenas of Seasonal Corner, 1011 Livernois, on Saturday, May 9, 2009 and Sunday, May 10, 2009.

145. Moved by Lennon, seconded by Baker, to approve the License Agreement between the City and Seasonal Corner to utilize certain real property owned by the City between the street and sidewalk at 1011 Livernois for a Mother’s Day event from Saturday, May 9, 2009 at 9:00 a.m. until Sunday, May 10, 2009 at 7:00 p.m.

AYES: Council Members Lennon, Mayor Covey

NAYS: Council Members Baker, Galloway, Gumbleton

MOTION FAILED

146. Moved by Galloway, seconded by Baker, to approve the request of Seasonal Corner for Sidewalk Sale on May 9 – 10, 2009, to the extent that the applicant is allowed to display merchandise, goods and wares on sidewalks only and so long as the ability of pedestrians to navigate the sidewalk is preserved.

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

NAYS: None

MOTION CARRIED

C. Consideration of Bid Award for Neighborhood Stabilization Program (NSP).

147. Moved by Baker, seconded by Galloway, to approve the contract to implement the Neighborhood Stabilization Program with Home Renewal Systems in the amount of up to $1,000,000 (one million dollars), valid from April 27, 2009 through December 15, 2010, and to authorize the Mayor to sign the contract.

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

NAYS: None

MOTION CARRIED

D. Consideration of Ordinance 1072, an Ordinance to repeal Chapter 12, Article III, Section 12-82, Fortune Telling of the Ferndale Code of Ordinances.

148. Moved by Baker, seconded by Galloway, to adopt Ordinance 1072, an Ordinance to repeal Chapter 12, Article III, Section 12-82, Fortune Telling of the Ferndale Code of Ordinances.

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

NAYS: None

MOTION CARRIED

E. Consideration of Council Representative to serve on Core Project Team for Municipal Building Renovation and Expansion project.

149. Moved by Lennon, seconded by Gumbleton, to appoint Councilwoman Baker to be the Council’s representative and Councilman Galloway to be the alternate on the City’s Municipal Building renovation and expansion Core Project Team until the project is complete, she or he leaves office, or the Council appoints another representative.

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

NAYS: None

MOTION CARRIED

F. Consideration of Parking/Staging Proposal for Library Construction & Renovation Project.

150. Moved by Baker, seconded by Gumbleton, that the submitted proposal be accepted as the parking/staging plan that will guide the Library, Frank Rewold and Sons, and the City in the determination of assigning and charging for the use of City parking lots during the construction and renovation of the Ferndale Public Library.

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

NAYS: None

MOTION CARRIED

G. Consideration of Liquor License Renewals

151. Moved by Lennon, seconded by Baker, to adopt the Resolution approving the renewal of Class C Liquor License for Starving Artist, 212 W. Nine Mile Road.

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

NAYS: None

MOTION CARRIED

152. Moved by Baker, seconded by Lennon, to adopt the Resolution approving the renewal of Class C Liquor License for Eden Nightclub, 22061 Woodward Avenue, as amended to stipulate the remaining balance of $5,365.28 will be paid by May 31, 2009, with the understanding that Posh Entertainment will enter into an agreement with the City to place Eden Nightclub’s Class C liquor license into escrow should full payment of the amount owing not be paid by May 31, 2009.

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

NAYS: None

MOTION CARRIED

6. CONSENT AGENDA (continued)

Council Members Galloway and Lennon left Council Chambers at 9:46 p.m. and returned at 9:50 p.m.

B. Consideration of Resolution encouraging purchase of products and services made or performed in the United States.

153. Moved by Gumbleton, supported unanimously, to adopt the Resolution encouraging purchase of products and services made or performed in the United States.

MOTION CARRIED UNANIMOUSLY

F. Consideration of Resolution designating May 15th as Peace Officers’ Memorial Day and the week in which May 15 falls as National Police Week.

154. Moved by Gumbleton, supported unanimously, to adopt the Resolution calling upon all citizens of Ferndale, and upon all patriotic, civic and educational organizations to observe Friday, May 15, 2009 as Peace Officers’ Memorial Day and proclaim the week of May 10, 2009 as National Police Week with appropriate observances in which all of our people may join in commemorating law enforcement officers, past and present.

MOTION CARRIED UNANIMOUSLY

L. Consideration of Resolution proclaiming May 4 - 10, 2009 as "Public Service Recognition Week" in Ferndale.

155. Moved by Gumbleton, supported unanimously, to adopt the Resolution proclaiming May 4 – 10, 2009 as "Public Service Recognition Week" in Ferndale.

MOTION CARRIED UNANIMOUSLY

9. COUNCIL LIAISON REPORTS - none

10. CALL TO COUNCIL

156. Chief of Police Kitchen announced a service for Police Memorial Day on May 15, at 10:00 a.m.

157. Fire Chief Schmidt reported the Fire Department is monitoring the Swine Flu situation. One of Ferndale’s firefighters will be honored on Saturday by the Elks at their annual recognition ceremony.

158. Recreation Director Hall announced upcoming events.

159. City Manager Bruner thanked CDS Director Scheer for her work on the Redevelopment Ready Communities program. Mr. Bruner reported the underground storage tank at the American Legion Hall has been removed, and the City will move forward to close on the property. Mr. Bruner announced SOCCRA is offering free "Recycling 101" workshops. Mr. Bruner addressed several factual errors in a flyer distributed over the weekend by Zoning Integrity Protection (ZIP).

160. Councilwoman Baker commented positively on the Redevelopment Ready Communities process.

161. Councilman Lennon announced several upcoming events being hosted by Ferndale entities, and noted many Ferndale businesses which were named in the Metro Times’ "Best of Detroit" edition.

162. City Clerk Tallman announced Deputy Clerk Sharon Szalma’s retirement and noted the upcoming May 5, 2009 school board election for both Ferndale and Hazel Park school districts.

163. Councilwoman Gumbleton extended wishes for a Happy Mother’s Day.

164. Councilman Galloway reported on the National League of Cities’ Green Cities Expo he recently attended.

165. Mayor Covey named Ferndale residents recognized for their volunteer efforts by Citizens for a Fair Ferndale. Mayor Covey commented on a recent newspaper article which reported that, although property values continue to plummet in Oakland County, the decline in Ferndale has been less than 1%. Mayor Covey announced an upcoming event on May 6 at the Elks to celebrate US Marines Support Group 47 before they ship out to Iraq and Afghanistan. Regarding the recent home invasion and theft at his residence, Mayor Covey expressed thanks to friends in Ferndale for their support and concern and to the Ferndale Police Department for their assistance.

11. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:15 p.m.

J. Cherilynn Tallman, City Clerk