City Council - May 26, 2009

Summary

FERNDALE CITY COUNCIL MEETING

Tuesday, May 26, 2009

A Regular Meeting of the Ferndale City Council was held Tuesday, May 26, 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, Lennon

Absent: Council Member Gumbleton

199. Moved by Galloway, supported unanimously to excuse the absence of Councilwoman Gumbleton.

MOTION CARRIED UNANIMOUSLY

3. APPROVAL OF AGENDA

City Clerk Tallman requested the agenda be amended to add Item C to Presentations, Representatives from Congressman Levin’s Office, and Item J to the Consent Agenda, Recommendation of Approval to the Michigan Liquor Control Commission (MLCC) for the request of Sneakers, Inc. for a new outdoor service area to be held in conjunction with 2008 Class C and SDM licensed business with Entertainment Permit (without dressing rooms) located at 22628 Woodward, Ferndale MI 48220, Oakland County.

200. Moved by Baker, seconded by Galloway, to approve the agenda as amended.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Downtown Development Authority (DDA)

Chris Hughs of the DDA presented a video produced by WFRN on the upcoming "Pimp Your Pot" event.

B. 2010 Census – Toine Murphy

Toine Murphy, Partnership Specialist with the US Department of Commerce, presented information regarding the 2010 census.

201. Moved by Baker, supported by Galloway, to adopt the Resolution supporting the 2010 Census Partnership.

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

NAYS: None

MOTION CARRIED

C. Representatives from Congressman Levin’s Office

James Jackson, Economic Recovery Coordinator for Congressman Levin’s Office, gave a brief overview of what the Recovery and Reinvestment Act will mean for the 12th Congressional District.

5. CALL TO AUDIENCE

Jackie Smith, Candle Shop and two other businesses at 195 W Nine Mile, Suite B1 and B2, discussed sign restrictions against verbiage beyond the name of a business. Ms. Smith asked that Council amend the sign ordinance to allow some descriptive words for retail signs.

Greg Pawlica, Ferndale Community Foundation, introduced promotional items available in exchange for donations to the Foundation.

Tom Kaiser contended the CDS accepted an incomplete site plan for South Oakland Shelter at 1841 Pinecrest.

Suzanne Rowe, Beautification Commission, presented a plea to save the tree in front of the library.

CDS Director Scheer, announced a seminar on avoiding foreclosure, presented by real estate attorneys, will be held Wednesday, May 27, at the Kulick Community Center, and again on Saturday, June 6.

Councilman Lennon and Mayor Covey left Council Chambers at 8:11 p.m. Councilman Lennon returned to Council Chambers at 8:12 p.m., and Mayor Covey returned to Council Chambers at 8:13 p.m.

6. CONSENT AGENDA

202. Moved by Lennon, seconded by Baker, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held May 11, 2009, as submitted by City Clerk.

B. Reappointed DPW Director Photiades as the representative and City Manager Bruner as the alternate representative to the Board of Trustees of SOCRRA for FYE2010.

C. Approved the Naming of City Facilities and Lands Policy.

D. Adopted the Budget Resolution for fiscal year 2010, and approved the L-4029 forms and the proposed fee schedule for 2010.

E. Approved a Special Event Permit for Green Cruise, to be held Saturday, August 8, 2009, as recommended by the Special Event Committee.

F. Approved a Special Event Permit as requested by First Baptist Church of Ferndale for a Family Fair and Food Drive to be held in Geary Park on Sunday, June 28, 2009 from 11:00 a.m. until 7:00 p.m., and approved the erection of a moonwalk structure at Geary Park, contingent upon the applicant obtaining a permit from the CDS Department for the moonwalk structure and the insurance being reviewed and approved by the City Attorney at least 5 days prior to the event.

G. Approved the delinquent accounts as Special Assessments to be levied and collected on the Summer 2009 tax bills as presented by City Assessor/Treasurer.

H. Approved DDA business sidewalk sales in the DDA area on every Thursday from June 18, 2009 – June 24, 2010 until 9pm, and businesses located on Woodward within the MDOT right-of-away are required to have a permit with MDOT, per Sections 7-1 and 16-7 of the City Code of Ordinances.

I. Approved the bills and payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

J. Recommended approval to the Michigan Liquor Control Commission (MLCC) for the request of Sneakers, Inc. for a new outdoor service area to be held in conjunction with 2008 Class C and SDM licensed business with Entertainment Permit (without dressing rooms) located at 22628 Woodward, Ferndale MI 48220, Oakland County.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:15 p.m. and returned at 8:16 p.m.

7. REGULAR AGENDA

A. Consideration of Special Events Permit for Motor City Pride.

City Manager Bruner and City Attorney Christ noted that the applicant should also execute a lease agreement for use of the Planavon parking lot for the beer garden, and further noted the proposed lease includes a fee of $500 although historically the City has charged Triangle Foundation $1.

203. Moved by Baker, supported by Galloway, to approve a Special Event Permit for Motor City Pride as submitted by Triangle Foundation, with the following conditions:

• Businesses within the DDA shall be allowed to display goods for sale within the first 5’ of sidewalk, without payment of a fee to the event organizers. Said businesses shall not rent any space for display of goods to third party vendors.

• Businesses within the DDA shall not erect any tents or similar structure on the sidewalk so as to hinder pedestrian traffic.

• The event shall not be exempt from Section 2-98 of the City of Ferndale Code of Ordinances, which states:

Sec. 2-98. Prohibited acts; generally.

No person shall create, assist in creating, continue or permit the continuation of any excessive or unnecessarily loud disturbance of noise of a high volume or intensity which is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose health, peace or safety of others beyond the immediate vicinity of the disturbance. Such noise disturbance shall be a violation of this article.

• Temporary no-parking restrictions will be in place on the south side of Saratoga, Albany, Leroy and Pearson.

• Execution of a lease agreement for the use of the Planavon parking lot from 9:00 a.m. Sunday, June 7, 2009 until 12:00 a.m. Monday, June 8, 2009 for $1.00.

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

NAYS: None

MOTION CARRIED

B. Consideration of Motor City Pride Sponsorship (tabled from May 11, 2009).

Mayor Covey relinquished the Chair to Mayor Pro Tem Galloway.

Greg Pawlica, Katherine Matoush and Monica Mills supported the City’s sponsorship of Motor City Pride.

Sharon Chess voiced concern about Council setting a precedent for sponsorship of community events.

Mayor Covey left Council Chambers at 9:14 p.m. and returned at 9:15 p.m.

204. Moved by Baker, seconded by Covey, to accept Motor City Pride’s invitation to sponsor the event at the $5,000 level.

AYES: Council Members Baker, Covey, Mayor Pro Tem Galloway

NAYS: Council Member Lennon

MOTION CARRIED

Councilman Lennon noted that he fully supports the event, and his mind was almost changed by the discussion, but stated he felt it necessary to remain with his initial determination to oppose using City funds to sponsor the event.

Mayor Covey resumed the Chair.

Councilman Lennon left Council Chambers at 9:18 p.m.

C. Consideration of Ordinance No. 1073, Amending Section 16-5, Obstruction [of Sidewalks] – Prohibited, of the Ferndale Code of Ordinances.

205. Moved by Galloway, supported by Baker, to adopt Ordinance No. 1073, Amending Section 16-5, Obstruction – Prohibited, of the Ferndale Code of Ordinances.

AYES: Council Members Baker, Galloway, Mayor Covey

NAYS: None

ABSENT FROM TABLE: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 9:23 p.m.

D. Consideration of Michigan Legal Milestone plaque commemorating the Vincent Chin case.

206. Moved by Lennon, supported by Baker, to accept the Michigan Legal Milestone plaque commemorating the Vincent Chin case and to authorize the Public Works Department to install it in the Woodward Avenue median north of Nine Mile Road in consultation with the City Manager, DDA Executive Director and the State Bar of Michigan.

207. Moved by Baker, supported by Galloway, to amend the motion to add "to find a way to direct people’s attention to the site of the Golden Star and/or the City of Ferndale".

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

NAYS: None

MOTION CARRIED

VOTE ON MOTION AS AMENDED:

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

NAYS: None

MOTION CARRIED

E. Consideration to become a Transportation for America campaign partner.

208. Moved by Galloway, supported by Baker, to become a Transportation for America campaign partner and designate City Manager Bruner as the point of contact.

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

NAYS: None

MOTION CARRIED

F. Consideration of FYE 2010 City Council Goals & Objectives.

209. Moved by Baker, supported by Galloway, to approve the FYE 2010 Council Goals Statement and direct the City Manager to work with Council to schedule special Council meetings in one of the first three weeks of November, 2009.

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

NAYS: None

MOTION CARRIED

G. Consideration of Financial Policy Manual.

210. Moved by Galloway, supported by Lennon, to receive and adopt the City of Ferndale, Financial Policy Manual, May 2009 revision.

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

NAYS: None

MOTION CARRIED

H. Consideration of Capital Improvement Program, Fiscal Years 2010 – 2019.

211. Moved by Baker, supported by Galloway, to receive and adopt the City of Ferndale, Capital Improvement Program (CIP), Fiscal Years 2010 – 2019.

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

NAYS: None

MOTION CARRIED

8. COUNCIL LIAISON REPORTS - none

9. CALL TO COUNCIL

212. Chief of Police Kitchen reported his department will begin a pet identification program in July.

213. Fire Chief Schmidt clarified that outdoor chimneys, stoves, etc. are legal to own, but are illegal to use to burn anything that creates ash.

214. City Clerk Tallman announced the slate of candidates for Library Board has been confirmed, and there will be no August primary election.

215. City Manager Bruner commented on the change in attitude toward Motor City Pride, from much community opposition seven or eight years ago to support now.

216. Councilwoman Baker reported Detroit Mayor Bing was at the recent Eight Mile Boulevard Association luncheon promoting regional cooperation. She announced the City of Detroit’s first Ecology Fair on Sunday, June 28, 2:00-7:00 p.m. in Palmer Park and indicated she had information to be distributed to the Ferndale Arts and Cultural Commission and to the Environmental Impact Commission.

217. Councilman Lennon thanked the Memorial Association for a great Memorial Day Parade, and wished his grandmother a Happy Birthday.

218. Moved by Lennon, supported unanimously to adopt the Resolution of Condolence for the family of Charles Page.

RESOLUTION ADOPTED UNANIMOUSLY

219. Mayor Covey reported Eden Nightclub has paid their taxes by the deadline extended by Council, thus saving their liquor license. He reported the City planted 60 trees in the past week through a DTE Foundation grant. He announced the upcoming gypsy moth spraying, noted Inyo Restaurant is opening June 4 and pointed out façade repairs at the former Old Navy outlet and at Sav-a-Lot.

10. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:20 p.m.

J. Cherilynn Tallman, City Clerk