City Council - December 14, 2009

Summary

CITY COUNCIL MEETING

Monday, December 14, 2009

A Regular Meeting of the Ferndale City Council was held Monday, December 14, 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 asked that a public hearing be added to the agenda, following Item 4. Presentations, to consider the request from Buffalo Wild Wings for a transfer of ownership on their Class C liquor license.

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

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

NAYS: None

MOTION CARRIED

4. PRESENTATION

A. FYE 2009 Financial Audit Statements

Aaron Stevens, Abraham & Gaffney, presented the financial statements for the fiscal year ending June 30, 2009 audit.

379. Moved by Lennon, seconded by Gumbleton, to receive the Financial Statements and Supplementary Information for the Fiscal Year ending June 30, 2009.

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

NAYS: None

MOTION CARRIED

B. Ferndale Public Schools

Jessica Stilger, Communications Specialist, presented an update on the achievements of the students and schools, outlined the District’s message to Lansing on school funding, and announced upcoming activities.

4A. PUBLIC HEARING - Request from Buffalo Wild Wings for a transfer of ownership on their Class C liquor license.

Mayor Covey opened the public hearing at 7:53 p.m. and, there being no comments, closed the public hearing at 7:54 p.m.

380. Moved by Lennon, seconded by Baker, to recommend to the Michigan Liquor Control Commission approval of the request from TMA Enterprises of Ferndale, LLC to transfer all interest in 2009 Class C licensed business with outdoor service, official permit and 2 bars, located at 280 W. Nine Mile Road, to AMC Wings, Inc.

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

NAYS: None

MOTION CARRIED

5. CALL TO AUDIENCE

Dan Martin, Ferndale Community Foundation, announced the upcoming Taste of Ferndale fundraiser and spoke about the need to replace Councilwoman Gumbleton as one of the two Council representatives on the FCF board. Mr. Martin extended his thanks for Councilwoman Gumbleton’s and City Manager Bruner’s service to FCF.

Julie Glazier, Ferndale Youth Assistance, announced the upcoming Love & Logic Seminar at Ferndale High School and issued a call for volunteers for the Blues Festival.

Dennis Hoeppner, Ferndale Seniors, announced the upcoming Annual Christmas Luncheon and thanked local businesses for their donations.

Ron Gilmore, Ferndale Elks, reported the proceeds of the May 16, 2009 "Hanging with the Heroes" fundraiser, has been used to send requested supplies to the Marines.

Ann Heler, Fern Care, reported the clinic has received a $150,000 appropriation from the federal government, and thanked Senator Levin, Congressman Levin and Congresswoman Stebenow for their help in securing the funding.

Chris Hughes, Ferndale DDA, noted upcoming holiday events in downtown and meetings on the way-finding project.

Leslie Coxon, Ferndale Environmental Sustainability Commission, presented the monthly green tip about having a greener holiday.

Councilman Lennon left Council Chambers at 8:09 p.m.

6. CONSENT AGENDA

381. Moved by Council Member Baker, seconded by Council Member Gumbleton, to approve the consent agenda as submitted:

Approved the Minutes of the Regular Meeting held November 23, 2009 and the Special Meeting held December 4 & 5, 2009.

Reappointed Deb Brazen, Christa Azar, Luke Forrest and Kevin Clark to the Planning Commission for terms ending December 31, 2012.

Adopted Resolution of Support for the Great American Main Street Awards competition.

Adopted Resolution authorizing Councilwoman-elect Piana to attend a series of five seminars through the University of Michigan-Dearborn’s Institute for Local Government and the MML’s Elected Officials Academy Weekender Program.

Adopted Ordinance No. 1085 updating the 2008 National Electrical Code, Chapter 6, Article III, Section 6-31 of the Ferndale Code of Ordinances.

Adopted Resolution approving Amendment No. 1 to Water Service Contract between City of Detroit and the City of Ferndale.

G. Approved Agreement to use the City’s Southwest Storage Yard as a transfer site for leaves by the City of Lathrup Village.

H. Approved submittal of the Neighborhood Stabilization Program Grant Reallocation Application and authorized the Mayor to sign the Application and the Subrecipient Agreement for submittal by the December 15th deadline.

I. 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

MOTION CARRIED

7. REGULAR AGENDA

A. Appointment of Duff Mahan to the Arts and Cultural Commission

382. Moved by Council Member Baker, seconded by Council Member Galloway, to confirm the appointment of Duff Mahan to the Arts and Cultural Commission for a term ending December 31, 2010.

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

NAYS: None
MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:10 p.m.

B. Consideration to Adopt Notice of Intent Resolution authorizing the sale of General Obligation Capital Improvement Bonds

Mayor Covey noted he would vote against the recommendation due to his opposition to all three of the municipal building and renovation projects.

383. Moved by Council Member Baker, seconded by Council Member Galloway, to adopt the attached Notice of Intent Resolution authorizing the sale of General Obligation Capital Improvement Bonds for the purpose of constructing or improving the District Court, the Police station, and City Hall in an amount not-to-exceed $7,500,000.

AYES: Council Members Gumbleton, Lennon, Baker, Galloway

NAYS: Mayor Covey

MOTION CARRIED

C. Consideration of DDA Parking Recommendations

DDA Director Sheppard-Decius and DDA Board Chair, Veronica Lujic, presented an overview of the current parking situation and recommended short-term and long-term solutions.

384. Moved by Lennon, seconded by Baker, to increase parking fines pursuant to City Code Section 18-88 (Penalties for offenses; suspensions) from $6 to $10 if paid within 72 hours and to allocate $4 of every ticket to the Automobile Parking Fund.

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

NAYS: None
MOTION CARRIED

Council heard comments from the audience.

385. Moved by Galloway, seconded by Baker, to adjust the boundaries of the prepaid parking permit areas pursuant to the City Code Section 18-87 (Adjustment of boundaries of prepaid parking permit area) as follows:

Discount prepaid parking permit areas shall include the City Hall Lot; West Breckenridge Lot; and Withington Street.

Standard prepaid parking permit areas shall include the East Breckenridge (back north and east rows; Falvey Lot (back east row and south rows); Scheil-Carah Lot (back half); and Withington Lot (back row north);

Prepaid parking permit shall not be allowed in the Big Troy Lot; Library Lot; Lux Lot (Como’s); Planavon Lot; Police Lot; or (old) Rosie O’Grady’s Lot.

AYES: None

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

386. Moved by Lennon, seconded by Gumbleton to table consideration of prepaid parking areas, and prepaid parking fees until all parties have resolved issues raised by Council and audience members.

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

NAYS: None
MOTION CARRIED

Councilman Lennon left Council Chambers at 9:40 p.m.

8. COUNCIL LIAISON REPORTS:

Council Member Baker reported on the recent Millennial Mayor’s Congress and on an upcoming vote for a regional transit millage.

Councilman Lennon returned to Council Chambers at 9:44 p.m.

9. CALL TO COUNCIL

Fire Chief Schmidt reported $3,000 was raised by the Goodfellows paper sale.

DPW Director Photiades reminded residents to abide by snow emergency rules.

City Clerk Tallman announced a vacancy on the Library Board.

City Attorney Christ reported the appeals court has confirmed the Board of Zoning Appeals’ decision with respect to the First Baptist Church.

Councilwoman Baker encouraged residents to shop locally.

Councilman Lennon noted the American Legion held a farewell party on December 5th and indicated a Resolution commemorating their years in Ferndale will be forthcoming.

Mayor Covey thanked Larry and Monica Mills and the Police and Fire Departments for their fundraising efforts on behalf of the Ferndale Goodfellows, and he commented he will be trying to have the Michigan legislature loosen the new smoking ban in order to allow smoking on outdoor patios.

10. CLOSED SESSION - for the purpose of strategy and negotiation connected with the negotiation of a collective bargaining agreement as permitted by Section 8(c) of the Open Meetings Act (Act 267 of 1976).

387. Moved by Council Member Lennon, seconded by Council Member Baker, to adjourn to closed session for the purpose of strategy and negotiation connected with the negotiation of a collective bargaining agreement as permitted by Section 8(c) of the Open Meetings Act (Act 267 of 1976).

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

NAYS: None

MOTION CARRIED

Mayor Covey adjourned the meeting into closed session at 9:55 p.m.

Councilman Lennon excused himself from the meeting at 10:40 p.m.

Mayor Covey reconvened the Regular Meeting at 11:05 p.m.

12. ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at 11:05 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk