City Council - July 13, 2009

Summary Draft

FERNDALE CITY COUNCIL MEETING

Monday, July 13, 2009

A Regular Meeting of the Ferndale City Council was held Monday, July 13, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:34 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None

3. APPROVAL OF AGENDA

255. Moved by Lennon, seconded by Baker, to approve the agenda as amended to add 4D, Presentation of Parking Structure Site Feasibility Study and 7D, Authorization to Purchase Tax-foreclosed Properties.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Motor City Pride

Dave Wait presented an update on the success of the festival and encouraged feedback from Council and residents. Mr. Wait indicated his intent to not ask the City for sponsorship next year but to have the City listed as sponsor of the Family Activities tent as a means to redress the inability, because of tight time deadlines, to have the City listed on that area this year. Mr. Wait agreed to begin the application process in February of 2010 for next year’s event.

B. Chamber of Commerce

Jennifer Roosenberg, Director, provided an update on the activities of the Ferndale Chamber of Commerce.

C. 2010 Census Update

Adrienne Wilson, CDS intern, presented information regarding the 2010 census and encouraged participation by residents.

D. Parking Structure Site Feasibility Study

Bill Surna of Carl Walker, Inc. presented the results of the study, laying out seven options, the net parking space gain for each option, the construction costs and the annual operating and maintenance costs. Mr. Surna concluded with a recommendation for Site 2 – Option 2, the existing municipal surface lot between the Library and City Hall, with three parking bays running in the east-west direction and providing 9,937 square feet of retail space fronting Nine Mile Road. The net gain is approximately 267 parking spaces with an estimated construction cost of $8.9 million and estimated annual operating and maintenance costs of $92,700.

5. CALL TO AUDIENCE

Wyll Lewis, American Pop, displayed a robot he created from found objects and noted he will be selling it during the fundraising sidewalk sale he is proposing for July 25, 2009.

CDS Director Scheer encouraged residents facing foreclosure to check the City’s website for free housing counselors.

Cristina Sheppard-Decius, Ferndale DDA Director, presented updates on recent activities of the Downtown Development Authority.

Al White raised concerns about hate groups in the city. Mayor Covey indicated the city has a hate crime committee that has been functioning since 1994.

Michael Lary, Event Coordinator, provided an update on the preparations for the 2009 Ferndale Woodward Dream Cruise Weekend.

6. CONSENT AGENDA

City Manager Bruner requested Item 6I, Award of Bid for Replacement of Fire Station No. 2 Driveway Approach, be withdrawn from the agenda.

256. Moved by Lennon, seconded by Gumbleton, to approve the Consent Agenda as amended:

A. Approved the Minutes of the Regular Meeting held June 22, 2009, and of the Special Meetings held June 22, 2009 and June 29, 2009.

B. Funky Ferndale Art Show

Approved a Special Event Permit for Funky Ferndale Art Show, a fine art show to be held on Saturday, September 19, 2009, from 10:00 a.m. until 7:00 p.m. and on Sunday, September 20, 2009, from 11:00 a.m. until 5:00 p.m., on Nine Mile Road between Woodward Avenue, Allen and Planavon, contingent on the City Clerk’s office receiving, no later than five (5) days prior to the event, 1) a certificate of liability insurance naming the City of Ferndale as "additional insured" and on the City Attorney’s review and approval of same; and 2) a list of "day of" contact names and phone numbers.

DIY Street Festival 5K Run

Approved a Special Event Permit for the DIY Street Fair 5K Run to be held on Saturday, September, 19, 2009 from 8:30 until 10:30 a.m., with the course, as detailed on the map submitted to the Special Events Committee, to run generally between Woodward and Hilton and between E. Marshall and Oakridge, contingent upon the DPW Director and the applicant reaching an agreement on responsibility for installing route markers, and on the City Clerk’s office receiving, no later than five (5) days prior to the event, 1) a certificate of liability insurance naming the City of Ferndale as "additional insured" and on the City Attorney’s review and approval of same; and 2) a list of "day of" contact names and phone numbers.

DIY Festival

Approved a Special Event Permit for DIY Street Fair, a street fair showcasing local business, artists, restaurants and musicians, to be held on Friday, September 18, 2009, from 6:00 until 11:30 p.m., on Saturday, September 19, 2009, from noon until 11:30 p.m., and from Sunday, September 20, 2009, from noon until 10:00 p.m., on E. Troy and in the Falvey and Library parking lots and to approve a waiver of billing for lost parking revenue. The Special Event Permit is contingent on:

• Execution of a Lease Agreement between The Eleven Mile Brewery, Inc. ("Woodward Avenue Brewers") and the City of Ferndale for the utilization of the city space adjacent to its WAB establishment;

• WAB receiving temporary authorization from the Michigan Liquor Control Commission for the proposed beer tent, and submitting proof of such to the City; and

• The City Clerk’s office receiving, no later than five (5) days prior to the event, 1) a certificate of liability insurance naming the City of Ferndale as "additional insured" and on the City Attorney’s .review and approval of same; 2) a list of "day of" contact names and phone numbers; and 3) an executed Indemnification Agreement.

C. Approved a Sidewalk Sale in the DDA area from 11 a.m. – 7 p.m. on Saturday, July 25, 2009.

D. Scheduled a Public Hearing for the Ferndale City Council Meeting of August 10, 2009, 7:30 p.m., 300 E. Nine Mile Rd., relative to vacating those portions of the alley described as 58.41 FEET OF THE NORTH-SOUTH ALLEY RIGHT-OF-WAY, 8 FEET IN WIDTH, BETWEEN KENSINGTON AND BERTHA, ADJACENT TO LOTS 12 AND 169 OF KENILWORTH SUB, SIDWELL NOS 25-33-479-030 AND 25-33-479-026; and to directed the City Clerk to publish the Public Hearing Notice as required.

E. Awarded a demolition contract to Demco Demolition, in the amount of $7,240 (Seven-Thousand Two-Hundred Forty Dollars) for 2012 Moorhouse, and authorized the Mayor to sign the contract, and directed the City Assessor to levy the cost of the demolition against the property (paid out of account 101-371-806; paid into account 101-371-607 when assessed) and that the costs be recorded with the Oakland County Register of Deeds.

F. Authorized the payment of an invoice from the W. W. Williams Company of Dearborn for emergency repairs to Engine No. 4, the 2002 Pierce, in the amount of $12,666 from account #661-000-977.

G. Approved the Grant of Easement for Water Mains for the City of Detroit through its Water and Sewerage Department to construct, maintain, operate, and repair certain water mains and appurtenances on Livernois between Eight Mile and Fielding, and authorized the Mayor to sign the Agreement.

H. Authorized the City Manager to sign the MEDC Downtown Urban Revitalization Grant Agreement on behalf of the City, as submitted by City Manager.

I. withdrawn

J. 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

7. REGULAR AGENDA

A. Consideration of Municipal Building Renovation and Expansion

Council heard comments and took questions from the audience.

257. Moved by Lennon, seconded by Baker, to direct the Municipal Building Renovation & Expansion Core Project Team to solicit design-build proposals for the District Court, Police Station and City Hall.

AYES: Council Members Gumbleton, Lennon, Baker, Galloway

NAYS: Mayor Covey

MOTION CARRIED

Mayor Covey clarified his support of a new district court facility and for renovation of the police station, but stated he would like to hold off on any improvements to city hall for six or seven years.

Mayor Covey left council chambers at 9:16 p.m., relinquishing the chair to Mayor Pro Tem Galloway.

B. Consideration of Resolution recognizing former 43rd District Court Administrator Michelle McCullough

258. Moved by Galloway, supported unanimously, to adopt the Resolution recognizing former 43rd District Court Administrator Michelle McCullough on her retirement.

MOTION CARRIED UNANIMOUSLY

Councilman Lennon left council chambers at 9:18 p.m.

Mayor Covey returned to council chambers at 9:19 p.m.

Councilman Lennon returned to council chambers at 9:21 p.m.

C. Consideration of Film Ordinance

259. Moved by Galloway, seconded by Baker, to adopt Ordinance No. 1076, an Ordinance to add Article IX, Production Film, Sections 2-150 through 2-154, to Chapter 2, Administration, with the change to Section 2-152 to strike "alteration, reconstruction or".

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

NAYS: None

MOTION CARRIED

D. Authorization to Purchase Tax-foreclosed Properties

260. Moved by Lennon, seconded by Baker, to authorize the City Manager to further investigate the City’s ability to purchase the tax foreclosed parcels listed below with Neighborhood Stabilization Program (NSP) funds and to approve the purchase of the properties for a price not exceeding as follows:

25-26-152-009 1612 Garfield $9,620

25-26-351-032 2137 Bonner $7,040

25-33-479-005 208 Pinecrest $3,810

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

NAYS: None

MOTION CARRIED

8. COUNCIL APPOINTEE REPORT – City Manager

City Manager Bruner presented his goals and objective progress report.

Councilman Lennon left council chambers at 9:40 p.m.

9. COUNCIL LIAISON REPORTS

A. 8 Mile Blvd. Association (8MBA). Councilwoman Baker reported that 8MBA will be extending their lease at the state fairgrounds for an additional year.

B. Michigan Suburbs Alliance (MSA). City Manager Bruner reported the city continues to work with MSA on the regional energy office.

F. Woodward Avenue Action Association (WA3). City Manager Bruner reported Giffels-Webster has been retained to create a non-motorized transportation plan for Woodward Ave.

Councilman Lennon returned to council chambers at 9:44 p.m.

10. CALL TO COUNCIL

261. Chief of Police Kitchen announced that as of July 1 the Animal Control Officer began an animal microchip identification program.

262. Councilwoman Baker extended condolences to Melanie Piana and her family on the loss of her grandfather.

264. Councilman Lennon commended residents on the appearance of city, requested and received a report that cleanup work is being done by the State on the property abutting the railroad tracks, and extended condolences to the Geary family on the passing of Mrs. Geary.

265. Councilman Galloway extended condolences to the families of Dr. David Snyder and Lothar Spang. Councilman Galloway noted former State Representative Andy Meisner has assumed the duties of Oakland County Treasurer and will be focusing on foreclosures and land banking. Councilman Galloway commended the organizers of Fido Does Ferndale on a great event.

266. Mayor Covey announced the upcoming Ferndale Film Festival, to be held over Labor Day weekend, asked that the administration continue to try to install more bike racks in the City, noted upcoming events at Rosie O’Grady’s on Thursday and indicated the Pub Crawl needs volunteers.

11. ADJOURNMENT

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

J. Cherilynn Tallman, City Clerk