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City Council - August 10, 2009

Summary Draft
FERNDALE CITY COUNCIL MEETING
Monday, August 10, 2009

A Regular Meeting of the Ferndale City Council was held Monday, August 10, 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

287. Moved by Lennon, seconded by Gumbleton, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Dream Cruise Director

Event Director Lary presented a status report on plans for Dream Cruise Weekend in Ferndale.

B. Resolution Recognizing Diego Garcia

288. Moved by Mayor Covey, supported unanimously, to adopt the Resolution recognizing generosity and creativity of six-year-old Diego Garcia.

MOTION CARRIED UNANIMOUSLY

5. PUBLIC HEARINGS

A. Request to vacate alley between 217 Kensington and 1334 Bertha

Mayor Covey opened the public hearing at 7:37 p.m.

Mrs. Corso, 217 Kensington, thanked the City for their time and consideration.

There being no further comments, Mayor Covey closed the public hearing at 7:38 p.m.

289. Moved by Gumbleton, seconded by Baker, to adopt the attached Resolution vacating the north-south alley between 205 Kensington, 217 Kensington, and 1334 Bertha.

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

NAYS: None

MOTION CARRIED

B. Request for Special Land Use – First Baptist Church

Mayor Covey opened the public hearing at 7:39 p.m.

The following spoke in favor of the SLU for First Baptist Church:

Dominic Pallino

David Antonelli, attorney for SOS

Adam Nelson, Stuckey & Vitale, architect for First Baptist Church/SOS

Lois Latta

Rev. Jim Maxwell

Marge Tittlong

The following spoke against the SLU for First Baptist Church:

Tom Kaiser

Dan Harteau

Michael Bates

Sharon Kaiser

Jim Montgomery

There being no further comments, Mayor Covey closed the public hearing at 8:05 p.m.

290. Moved by Galloway, seconded by Baker, to adopt the Resolution approving the Special Land Use application from First Baptist Church of Ferndale regarding the South Oakland Shelter to be located at the First Baptist Church of Ferndale at 1841 Pinecrest / 1045 Withington.

Tom Gagne spoke in opposition to the SLU permit.

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

NAYS: Council Member Lennon

MOTION CARRIED

Councilman Lennon explained he voted against the Special Land Use because of the overwhelming number of communications he received from citizens in opposition.

6. CALL TO AUDIENCE (8:42 p.m.)

Trevor Johnson gave a status update on the community farm stand, indicated expansion plans will be forthcoming, and promoted the Rent-a-Farmer program.

Jeanne Davis provided an update on upcoming Seniors’ activities.

Greg Pawlica commended Green Cruise coordinators, and promoted the Ferndale Community Foundation’s reusable shopping bags.

Cheryl Paterson complained about $20 Block Party fee.

The following residents spoke about the negative impacts of Rosie O’Grady’s and requested resident/guest permit parking on West Troy Street: Frank Castronova, June Derin, Mike Kasmie, Dave Young, Kimberly Cate.

Linda Baker thanked Council for their professionalism and the work they do.

Mark Van Dyke, representing the Environmental Sustainability Commission, presented the August green tip regarding back-to-school shopping.

Douglas Christie thanked the City of Ferndale, residents, the DDA, downtown businesses, Police Department and Department of Public Works for their help on the 2009 Green Cruise.

Donna C 227 Woodland, recognized and thanked Anita’s Kitchen – Detroit Friendship House fundraiser.

Crystal Proxmire, Ferndale 115, encouraged residents to use the online newspaper, www.ferndale115.com to air their opinions.

Councilman Lennon left council chambers at 9:04 p.m.

7. CONSENT AGENDA

Items 7C and 7K were requested to be removed from the Consent Agenda to be considered following the Regular Agenda.

291. Moved by Baker, seconded by Galloway, to approve the Consent Agenda as submitted:

Approved the minutes of the Regular Meeting held July 27, 2009, as submitted by City Clerk.

Adopted the Resolution encouraging stores and restaurants to encourage customers to use reusable bags.

D. Approved the filling of the budgeted and vacant Clerk Typist 2 position in the CDS Department with a temporary, part-time employee until a decision is made about future staffing needs of the Department.

E. Approved the dissolving of the Tree and Greenspace Advisory Committee.

F. Approved a Special Event Permit for the Ferndale Film Festival on Saturday, September 5, 2009 in the municipal parking lot immediately west of the permanent library building from noon until 11:00 p.m. and in Martin Road Park from noon until 10:00 p.m., with the following provisions:

City of Ferndale will grant the applicant’s request for free parking in the Downtown Development Authority (DDA) district on Friday and Saturday and will waive the customary fee for lost parking revenues in exchange for event sponsorship recognition at a minimum of the "Director" level;

Council approves the displaying of a promotional banner over Nine Mile Road;

Applicant will provide the City with 1) a certificate of liability insurance naming the City as "additional insured", 2) a complete list of all signs to be placed within the City, including size, location and other relevant information and 3) a "day-of" contact list;

Applicant will meet with the City’s electrical inspector regarding use of the generators and City electrical outlets;

Martin Road Park is available on the date requested and applicant rents the Park and the restroom facilities on a timely basis; and

A beer cart will be allowed in the alley behind Dino’s if it is in compliance with all applicable State and local requirements.

G. Approved amended fee resolution for FYE2010 to add a processing fee in the amount of $250.00 for a Film Production permit.

H. Approved entering into an agreement with Kem-Tec & Associates, Eastpointe, per their proposal dated 8/4/2009, for boundary and topographic surveying for the Municipal Building Renovation & Expansion Project in the amount of $2,900, to be charged to account no. 245-818.

I. Approved the annual Oakway dues payment in the amount of $3,000; funds for this expense are budgeted and available in account no. 336-740, Operating Supplies.

J. Approved purchasing 275 electronic parking-meter mechanisms from Duncan Parking Technologies, Inc., 340 Industrial Park Road, Harrison, Arkansas, for $41,250, and to charge the expense to the Auto Parking Fund, Supplies, account no. 585-000-740.

L. Approved bid of $139,369 of Michigan Outdoor Services and Construction, Inc., 23361 Dequindre, Hazel Park, to replace sidewalk and handicap ramps from Woodward Avenue to Farmdale; Eight Mile Road to Alberta; and to charge the expense to the Sidewalk Program, Contractual, account no. 444-818.

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: Council Member Lennon,

MOTION CARRIED

8. REGULAR AGENDA

A. Appointments to Boards and Commissions

1) Environmental Sustainability Commission.

292. Moved by Baker, seconded by Galloway, to confirm the appointments of Leslie Coxon, Daniel Moyer and James Stange to the Environmental Sustainability Commission for terms ending December 31, 2012.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to council chambers at 9:10 p.m.

2) Ferndale Downtown Development Authority (DDA) Board of Directors.

293. Moved by Baker, seconded by Lennon, to confirm the appointment of John McQuiggin to the Ferndale DDA Board of Directors for a term expiring December 31, 2011.

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

NAYS: None

MOTION CARRIED

B. Consideration of American Legion Hall Proposal for a minimum Five-year Lease, lease terms to include a combination of capital improvements and cash.

294. Moved by Lennon, seconded by Gumbleton, to direct the City Manager and the City Attorney to negotiate a potential agreement with Jeff Fontana and/or any other potential lessee for City Council consideration.

AYES: Council Member Lennon,

NAYS: Council Members Baker, Galloway, Gumbleton, Covey

MOTION FAILED

Roger Schmidt, speaking as president of the Ferndale Historical Society, indicated the museum currently accesses its two parking spaces through the American Legion parking lot and currently rents three parking spaces from the American Legion, and asked that Council consider continuing those provisions in any lease agreement.

295. Moved by Galloway, seconded by Gumbleton, to table consideration of any sort of lease or license agreement for the use of the American Legion Hall at 1741 Livernois until the second regularly scheduled meeting in September to allow the staff time to identify potential issues associated with a change in use of that property and whether or not it is in any way appropriate for residential use.

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

NAYS: Council Member Lennon

MOTION CARRIED

Mayor Covey and Councilman Lennon left council chambers at 9:43 p.m.

C. Consideration of Division & Department Creation, Combination and Adjustment Ordinance

296. Moved by Baker, seconded by Gumbleton, to adopt Ordinance No. 1079, an ordinance to create new divisions and departments, and combine or adjust existing divisions and departments of City government and Ordinance No. 1080 to amend Chapter 19, Article IV, Community Development.

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

NAYS: None

ABSENT: Council Member Lennon, Mayor Covey

MOTION CARRIED

Mayor Covey returned to council chambers at 9:46 p.m.

Councilman Lennon returned to council chambers at 9:49 p.m.

D. Consideration to create Communications & Economic Development Director position.

297. Moved by Galloway, seconded by Baker, to appropriate $92,000 from CDS to the City Manager’s Office FYE 2010 Budget and authorize the City Manager to recruit a Communications & Economic Development Director on a contractual basis after providing city council with a refined job description incorporating concerns raised by council.

AYES: None

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

MOTION FAILED

298. Moved by Galloway, seconded by Baker, to appropriate up to a maximum of $92,000 from CDS to the City Manager’s Office FYE 2010 Budget following contractual negotiations with a potential Communications & Economic Development Director on a contractual basis and that the City Manager consider revising the job description to focus more on economic development activities and less on communications activities.

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

NAYS: Lennon, Mayor Covey

MOTION CARRIED

E. Consideration of contract between the City of Ferndale and Cobalt Community Research for Citizen Survey.

William St. Amour, Cobalt Community Research, presented an overview of the process and benefits of citizen survey research.

299. Moved by Galloway, seconded by Gumbleton, to approve the contract between the City of Ferndale and Cobalt Community Research in an amount not to exceed $7,500, to be charged to account no. 101-172-818, and authorize the Mayor and City Clerk to sign it.

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

NAYS: None

MOTION CARRIED

7. CONSENT AGENDA (cont.)

C. Consideration of Resolution encouraging property owners to take advantage of federal tax credits for energy efficiency.

300. Moved by Gumbleton, seconded by Baker, to adopt the Resolution encouraging property owners to take advantage of federal tax credits for energy efficiency.

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

NAYS: None

MOTION CARRIED

K. Consideration of bid to install 33,339 linear feet of cured-in-place pipe.

301. Moved by Baker, seconded by Lennon, to approve low bid of $1,606,350 by Insituform Technologies USA Inc., 17988 Edison, Chesterfield, MO, to install 33,339 linear feet of cured-in-place pipe, and to charge the expense to the Water/Sewer/Street Capital Fund, Capital Outlay, account no. 410-000-977.

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

NAYS: None

MOTION CARRIED

9. COUNCIL APPOINTEE REPORT – City Clerk

City Clerk Tallman presented her goals and objective progress report.

10. COUNCIL LIAISON REPORTS

C. South Oakland County Mayors Association (SOCMA). Mayor Covey announced the next meeting is in September and will be hosted by Ferndale, Pleasant Ridge and Huntington Woods.

F. Woodward Avenue Action Association (WA3). Councilwoman Baker announced a grant matching program beginning August 18, 2009.

11. CALL TO COUNCIL

301. Fire Chief Schmidt reported a confession has been obtained for one of the recent spate of arson fires and confirmed the investigation into the others will continue.

302. Chief of Police Kitchen wished everyone a safe Dream Cruise.

303. City Clerk Tallman announced the slate of candidates for the November 3, 2009 municipal election, and reported a conditional offer of employment would be extended tomorrow for the Deputy Clerk position.

304. Councilwoman Baker asked that links to web resources on gypsy moth control be added to the website, and commended Douglas Christie for bringing the Green Bus, a nationally significant environmental movement, to Ferndale.

305. Councilwoman Gumbleton stated she is glad to be adding an Economic Development position, a goal Council developed during its goal setting and strategic planning sessions in November, 2008, and she confirmed she is not running for reelection.

306. Councilman Galloway commended Council for taking steps tonight to add to the professional development of city hall.

307. Mayor Covey reported the Ferndale Pub Crawl was successful, netting $26,000 in proceeds, announced Bart-a-Palooza on Sunday, and announced the Ferndale Film Festival on Labor Day weekend.

12. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 11:00 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk

 

 

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Ferndale, Michigan  48220
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