City Council - September 28, 2009

Summary

FERNDALE CITY COUNCIL MEETING

Monday, September 28, 2009

A Regular Meeting of the Ferndale City Council was held Monday, September 28, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:32 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

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

Absent: None

3. APPROVAL OF AGENDA

339. Moved by Lennon, seconded by Baker, to approve the agenda as submitted.

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

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Downtown Development Authority (DDA)

Chris Hughes, DDA Communications and Marketing, introduced Carrie Copeland, Chair of the Fido Does Ferndale event, and Dr. Bonnie Burke, event volunteer. Ms. Copeland and Dr. Burke presented donations in the amount of $400 each to Forgotten Angels and Metro Area Animal Adoption.

B. September Beautification Awards and Presentation of Certificates

Peggy Snow announced the following Beautification Awards for September, 2009:

Commercial: Blumz

503 E. Nine Mile

Residential: Gerlinde Bowen

836 E. Ten Mile

Monica Mills

275 W. Breckenridge

Final Zinnia Award: Dwight Neely

Steven Streebing

205 E. Hazelhurst

Ms. Snow also presented certificates to all 2009 Beautification Award recipients.

5. CALL TO AUDIENCE

Nancy Goedert encouraged the City of Ferndale to enact an ordinance banning the use of plastic bags and restricting the use of paper bags to those made with recycled and post consumer recycled paper.

Jeanne Davis announced upcoming events for the Ferndale Seniors.

Lynna Kauchek, Environmental Sustainability Commission, presented the Green Tip for September encouraging recycling.

Carrie Copeland, Special Events Coordinator for Affirmations, announced activities for the 2nd Annual Coming Out Week.

Eric Abbey, 404 W. Troy, voiced concerns about disturbances on the W. Troy from 10:00 p.m. until 4:00 a.m. Mr. Abbey requested implementation of residential permit parking and increase of police patrols on Friday and Saturday nights and during special events.

Crystal Proxmire, editor and publisher of Ferndale115, promoted the online newspaper.

Melanie Piana congratulated Chris and Krista Johnston and Marc Loeb of the DIY Street Fair and Funky Ferndale Art Fair for co-hosting well organized and well attended events. Ms. Piana shared comments she received during the event from residents seeking improvements to the City’s website, including online payments.

Matt Nowaczok, Board Member of FernCare, relayed information about the weekly free mobile health clinic.

Greg Pawlica on behalf of Ferndale Community Foundation promoted the re-useable shopping bags the Foundation is selling.

Mary K. Fredericks commended the City Council for supporting union labor.

6. CONSENT AGENDA

Item 6B was requested to be removed from the Consent Agenda to be considered following the Regular Agenda.

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

A. Approved the Minutes of the Regular Meeting held September 14, 2009.

C. Adopted Resolution permitting income qualified City officers/employees to participate in the Neighborhood Stabilization Program (NSP).

D. Adopted Resolution proclaiming September as Pain Awareness Month in the City of Ferndale.

E. Adopted Resolution encouraging residents to utilize phosphorus free fertilizers.

F. Adopted Resolution opposing any proposals or legislation allowing an increase in the size and weight of trucks on Michigan’s Highways and supporting the position of the Michigan Alliance for Safe Highways on such legislation in maintaining the current limits on all truck sizes and weights.

G. Approved Parade Permit for United Student Assembly for Homecoming Parade to be held on October 2, 2009 at 6:00 p.m. on West Nine Mile from Allen to Pinecrest and along Pinecrest from Nine Mile to Ferndale High School.

H. Approved renewal of Pawnbrokers’ License to be located at 771 E. Eight Mile Rd., to be held by Steven Ruzumna, d.b.a. Cash Your Check Plus, Inc., and approved the two surety bonds submitted, each in the amount of $3,000.00.

I. Approved invoice of $3,694 from Siemens Building Technologies for emergency repairs to the 43rd District Court building air conditioner and to charge the expense to the Court’s repair and maintenance account, 101-136-775.

J. Adopted Ordinance No. 1083, amending Section 8.03 K of the Zoning Ordinance to calculate payment based on the existing number of parking spaces proposed for removal regardless of actual configuration, dimensions, or compliance with the parking regulations of the Zoning Ordinance.

K. 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

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

7. REGULAR AGENDA

A. Appointment of Carrie Roeder to the Arts & Cultural Commission for a term ending December 31, 2011.

341. Moved by Baker, seconded by Gumbleton, to confirm the appointment of Carrie Roeder to the Arts and Cultural Commission for a term ending December 31, 2011.

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

NAYS: None

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:18 p.m.

B. Consideration of Proposed Uses for American Legion Hall.

342. Moved by Baker, seconded by Galloway, to direct the City Manager to winterize and maintain the property indefinitely when the current lease agreement expires unless the lease is extended or renegotiated by the Council.

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

NAYS: None

MOTION CARRIED

C. Consideration of Congress of Cities Voting Delegates for the National League of Cities Annual Business Meeting.

343. Moved by Lennon, seconded by Gumbleton, to appoint Mayor Covey as the Voting Delegate and Councilwoman Baker as the Alternate Voting Delegate for the NLC Annual Business Meeting to be held on November 14, 2009 at the conclusion of the Congress of Cities and Exposition in San Antonio.

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

NAYS: None

MOTION CARRIED

D. Consideration of Facilitation Services Contract.

Councilman Lennon left Council Chambers at 8:39 p.m. and returned at 8:45 p.m.

344. Moved by Galloway, seconded by Baker, to award the facilitation services contract to Resources Global Professionals in an amount not to exceed $25,050.00 and to approve the Mayor and the City Clerk to sign the contract.

AYES: Council Members Galloway, Gumbleton, Baker

NAYS: Lennon, Mayor Covey

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:22 p.m. and returned at 9:26 p.m.

E. Municipal Building Project Update.

Alicia Washeleski, Plante Moran CRESA, and City Manager Bruner, presented an update on the Municipal Complex Project.

6. CONSENT AGENDA (cont.)

B. Consideration of Travel Resolution authorizing Council members to attend the National League of Cities Congress of Cities and Exposition.

345. Moved by Lennon, seconded by Gumbleton, to adopt the Resolution authorizing Mayor Covey, Councilwoman Baker and Councilman Lennon to attend the National League of Cities Congress of Cities and Exposition in San Antonio, Texas from November 10-14, 2009 at an estimated cost of $4,500.

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

NAYS: None

MOTION CARRIED

8. COUNCIL LIAISON REPORTS – none.

9. CALL TO COUNCIL

Chief of Police Kitchen thanked Council for opposing increase in truck weights. Chief Kitchen reported the situation with the District Attorney’s office which has been the subject of recent media reports has been resolved by both parties.

City Manager Bruner reported Allure magazine, in its "Best of the Best" issue, named two Ferndale businesses, Flip Salon and LA Spa. Mr. Bruner wished Councilman Lennon happy birthday.

City Clerk Tallman reminded residents that October 5th is the last day to register to vote, if you aren’t already registered, in order to be able to vote in the November 3rd election for Mayor, City Council and Library Board of Trustees. On behalf of Fire Marshal Brian Batten, a member of the Executive Board of the Michigan Fire Inspectors Society, she distributed copies of a calendar compiled by the MFIS.

Councilwoman Baker reported on several recent and upcoming fundraising events for Fern Care. She voiced support of the City Manager’s recommendation to utilize a consultant to facilitate the budget and goal setting process for FY2011.

Councilwoman Gumbleton commended Chris and Krista Johnston and Marc Loeb of the DIY Street Fair and Funky Ferndale Art Fair.

346. Moved by Gumbleton, supported unanimously, to adopt a Resolution of Condolence for the family of David Joseph "D.J." LeAnnais.

RESOLUTION ADOPTED UNANIMOUSLY

Councilman Galloway commented positively on the recent commercial property showcase.

Councilman Lennon offered condolences to the family of lifelong resident Les Graham. He also thanked the members of the Ferndale Fire and Police Departments for their handling of his daughter’s recent accident.

Mayor Covey noted resident Dean Bach has been recognized in the Detroit News for his charitable activities.

347. Moved by Covey, supported unanimously, to adopt a Resolution of support for Aleksande Stolaj of Sam’s Ferndale Grill.

RESOLUTION ADOPTED UNANIMOUSLY

10. CLOSED SESSION - for the purpose of consulting with our Attorney regarding trial or settlement strategy in connection with specific pending litigation because an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body as permitted by Act 267 of 1976 Section 8(e).

348. Moved by Baker, seconded by Galloway, to adjourn to closed session for the purpose of consulting with our Attorney regarding trial or settlement strategy in connection with specific pending litigation because an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body as permitted by Act 267 of 1976 Section 8(e).

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned the meeting to Closed Session at 10:04 p.m. and reconvened the Regular Meeting at 10:22 p.m.

11. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 10:22 p.m.

J. Cherilynn Tallman, City Clerk