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City
Council - July 28, 2008

DRAFT
FERNDALE CITY COUNCIL MEETING
Monday,
July 28, 2008
A Regular Meeting of the Ferndale City Council
was held Monday, July 28, 2008, at City Hall, 300 East Nine Mile
Road, Ferndale. Mayor Covey called the meeting to order at 7:41 p.m.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Present: Mayor Covey, Council Members Baker,
Galloway, Gumbleton, Lennon.
Absent: None.
3. APPROVAL OF AGENDA
334. Moved by Lennon, seconded by Galloway,
to approve the agenda as submitted.
AYES: Council Members Baker, Galloway, Gumbleton,
Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
4. PRESENTATIONS
A. Disability Advisory Committee (DAC).
Ann Serafin announced that, in honor of the 18th
anniversary of the signing of the Americans with Disabilities Act
(ADA) into law on July 29, 1990, the DAC will conduct wheelchair
tours of Ferndale with Council members and will, afterward,
distribute to Ferndale businesses packets of information on the
dollars and sense of becoming accessible. Ms. Serafin noted that
Mayor Covey is in a wheelchair tonight to help the DAC.
B. Plante Moran CRESA: Facilities Project
Feasibility Report.
City Manager Bruner noted that on March 23, City
Council approved a proposal from Plante Moran CRESA, LLC (PMC) to
assist the City in determining the preliminary feasibility of
renovation or construction of a new City Hall, Police Station, Fire
Stations and Court facility. A project team, consisting of Council
Appointees and Department Directors, was assembled, and a project
initiation meeting was held on April 4. The project team identified
the financial resources available for City facilities in subsequent
meetings. Mr. Bruner then outlined possible funding sources,
identifying $4-$8 million as the range of affordability.
Dave Asker, PMC, covered the project’s
objectives, the alternatives identified and the cost of each of
those alternatives.
Councilman Lennon left Council Chambers at 8:23
p.m. and returned at 8:32 p.m.
Thomas Gagne spoke in opposition to spending
money for facilities.
1) Consideration of City Facilities Project.
335. Moved by Councilman Lennon, seconded by
Councilman Galloway, to approve the proposal from Plante Moran CRESA,
LLC for transaction management/buyer representation services in the
purchase of the second floor of 400 East Nine Mile Road (Credit
Union ONE building), and to approve the proposal from Plante Moran
CRESA, LLC to assist and coordinate property due diligence
activities on the proposed purchase of 345 East Nine Mile Road (OLHSA
building) by September 10, 2008.
Greg Pawlica spoke against the proposal for
purchasing the second floor of 400 East Nine Mile Road (Credit Union
ONE) and urged Council to spend three to six months working with the
Plan Commission to develop a different plan from co-locating in a
business building.
Robert Porter spoke in favor of the proposal for
purchasing the second floor of 400 East Nine Mile Road (Credit Union
ONE).
Councilwoman Gumbleton said she would vote in
favor of the motion to do further investigation but wants to know
how a separate identity will be created for the City at the Credit
Union ONE building.
AYES: Council Members Baker, Galloway, Gumbleton,
Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
5. CALL TO AUDIENCE
Mike Angeli voiced concern about the new location
of Rosie O’Grady’s on Nine Mile near a residential neighborhood.
City Manager Bruner noted the downtown district is zoned for
restaurants and bars. Mr. Bruner explained Rosie O’Grady’s would
need a Special Land Use Permit for an outdoor patio, and the Plan
Commission may place conditions on that Permit to minimize impact on
the neighborhood.
Lynna Kaucheck presented the Environmental Impact
Commission’s Green Tip for July on the benefits of biking to work.
Siouxsan Miller updated Council on the July 17,
2008 Gypsy Moth informational meeting and urged Council to proceed
with an egg mass count in the Fall and aerial spraying in the
spring.
Peggy Snow, representing the Beautification
Commission, announced the July Beautification Awards: Business to
Anita’s Kitchen and Residential to Annette Starkolit at 1561
Channing and to Bob and Mary Partenski at 2315 Pinecrest. Ms. Snow
called for nominations for the Zinnia Award and the Block Award,
announced that plans for Make a Difference Day will be forthcoming
and announced the Third Annual Perennial Exchange on September 27,
2008, 9:00 a.m. – noon at the Kulick Center.
Erick Buchholz expressed concern about possible
impact on the neighborhood of Rosie O’Grady’s plan to move into the
former Eyeglass Factory, reiterated concerns with youth loitering in
front of Affirmations at night and repeated complaints about noise
from Buffalo Wild Wings.
Greg Pawlica, representing Stepping Out,
producers of AIDS Walk Detroit, announced the date of the Walk as
September 21, 2008 and explained the business sponsorship program.
Jean Davis and Dennis Hoeppner thanked the Pub
Crawl Committee for allowing the Seniors to sell light-up
merchandise which resulted in them raising $900.
Councilman Lennon was excused from the meeting at
9:18 p.m.
Mayor Covey left Council Chambers at 9:25 p.m.
and relinquished the Chair to Mayor Pro Tem Galloway.
6. CONSENT AGENDA
336. Moved by Baker, seconded by Gumbleton,
to approve the Consent Agenda as submitted:
A. Approved minutes of the Regular meeting held
July 14, 2008, and the Special meeting held July 21, 2008, as
submitted by City Clerk.
B. Approved the erection of a Moonwalk at Garbutt
Park as requested by Mata Heard for the College Park Post Office
Picnic to be held on Sunday, August 10, 2008, from 9:00 a.m. to 9:00
p.m., contingent upon the applicant obtaining the necessary permit
from the CDS Department, as submitted by City Clerk.
C. Approved a Class II Special Event Permit as
requested by A.J. O’Neil of A.J.’s Café for a car-wash entitled
"Singing in the Shower" to be held on the southern half of the alley
behind the café, approximately 8 feet by 25 feet; the event to be
held Sunday, August 10, 2008 from 2:00 p.m. – 6:00 p.m., contingent
upon the applicant submitting proper insurance, at least five days
prior to the event, and upon the City Attorney approving the
insurance.
D. Approved the Special Event Application from
Kathy Staszewski of Ferndale Labs for Ferndale Labs’ Annual Picnic
on Saturday, September 13, 2008, from 8:00 a.m. to 5:00 p.m., at
Garbutt Park, and approved erection of inflatable play structures
and a tent/canopy for the event, pursuant to Section 13-52 of the
Ferndale Code of Ordinances, as submitted by City Clerk.
E. Adopted Ordinance No. 1052, amending Zoning
Ordinance No. 1004 Article 9, Section 9.02 Membership, to permit
appointment of alternate members to the Board of Zoning Appeals, as
submitted by CDS Director.
F. Approved Agreement to
extend current contract with the Police Command unit, with a 2% wage
increase in each of the two fiscal years, as submitted by Finance
Director/Assistant City Manager.
G. Adopted Ordinance No. 1053, amending Zoning
Ordinance No. 1004, to permit medical,
dental and physical therapy offices, clinics, and medical and dental
laboratories and similar uses, provided they do not involve any
danger of smoke, fire or explosion, nor shall they create a nuisance
to the surrounding area, but not including any type of medical
facility permitting overnight patients
in the M-1 Zoning District, as submitted by CDS Director.
H. Adopted Ordinance No. 1054, amending Chapter
6, Article II, Section 6-16 and Section 6-17 of the City of Ferndale
Code of Ordinances, to adopt the 2000 International Property
Maintenance Code and to repeal The National Property Maintenance
Code of 1990, as submitted by CDS Director.
I. Adopted 2006 Building and Rehabilitation
Codes, as submitted by CDS Director, through adoption of the
following ordinances:
1) Ordinance No. 1055 amending Chapter 6, Article
I, in General, Section 6-3 of the City of Ferndale Code of
Ordinances, adopting the 2006 Edition of the Michigan Residential
Code.
2) Ordinance No. 1056 amending Chapter 6, Article
I, in General, of the City of Ferndale Code of Ordinances, to add
Section 6-4, Michigan Rehabilitation Code for Existing Buildings.
3) Ordinance No. 1057 amending Chapter 6, Article
I, in General, Section 6-1, of the City of Ferndale Code of
Ordinances, adopting the 2006 Michigan Building Code.
J. Approved proposal of B-n-S Electric, 860
Livernois, Ferndale, rated the highest at 97.6 points, for a
three-year contract to perform minor electrical services, as
submitted by DPW Director.
K. Approved bills and payrolls as certified by
City Manager to be paid subject to review by the Council Finance
Committee.
AYES: Council Members Baker, Gumbleton, Mayor Pro
Tem Galloway
NAYS: None
MOTION CARRIED
Councilwoman Baker noted the Plan Commission is
receiving more and more requests for different types of uses in the
M-1 Industrial District and is supportive of making M-1 zoning more
permissive.
7. REGULAR AGENDA
A. Consideration of filling Police Officer
position vacancy.
337. Moved by Baker, seconded by Gumbleton,
to authorize the Police Department to fill the vacancy created by
the resignation of Police Officer Shaun Harvey and to fill said
vacancy.
AYES: Council Members Baker, Gumbleton, Mayor Pro
Tem Galloway
NAYS: None
MOTION CARRIED
B. Consideration of Hosting Dream Cruise and
Street/Parking Lot Closures.
338. Moved by Baker, seconded by Gumbleton,
to approve hosting the 14th Ferndale Woodward Dream Cruise Weekend
on August 15, 16 & 17, 2008 and to authorize street and parking lot
closures as presented above.
AYES: Council Members Baker, Gumbleton, Mayor Pro
Tem Galloway
NAYS: None
MOTION CARRIED
Mayor Covey returned to Council Chambers at 9:37
p.m. and resumed the Chair.
Councilman Galloway was excused from the meeting
at 9:37 p.m.
C. Consideration of Cool Cities Resolution
regarding the Coal Fired Power Plants in Michigan.
339. Moved by Baker, seconded by Gumbleton,
to adopt the Cool Cities Resolution of Opposition to the Proposed
Coal Fired Power Plants in Michigan.
AYES: Council Members Baker, Gumbleton, Mayor
Covey
NAYS: None
MOTION CARRIED
D. Consideration of Public-Right-of-Way Use
Agreement with Blumz…by JR Design (tabled from July 14, 2008).
339. Moved by Baker, seconded by Gumbleton,
to approve the attached Public Right-of-Way Use Permit Agreement
with the elimination of the 2nd sentence in Paragraph 7,
and to authorize the Mayor and City Clerk to sign the Agreement.
AYES: Council Members Baker, Gumbleton, Mayor
Covey
NAYS: None
MOTION CARRIED
E. Consideration of Condolence Resolutions:
1) Willa Mae King
340. Moved by Mayor Covey, supported
unanimously, to adopt the Condolence Resolution for Willa Mae King.
ADOPTED UNANIMOUSLY
2) Lois Jones
341. Moved by Mayor Covey, supported
unanimously, to adopt the Condolence Resolution for Lois Jones.
ADOPTED UNANIMOUSLY
8. COUNCIL APPOINTEE REPORT – City Manager
Goals and Objectives Progress Report
City Manager Bruner offered to provide a written report to
Council later in the week.
9. COUNCIL LIAISON REPORTS
D. SEMCOG. Councilwoman Baker reported she
has scheduled a meeting with the Membership Coordinator to discuss
her concerns with meetings being held during regular work hours.
F. Woodward Avenue Action Association (WA3).
City Manager Bruner announced WA3 is raffling a Mercury Mariner
hybrid this summer. Tickets are $100 and also grant VIP admission
for the unveiling of the Woodward monument later this summer.
10. CALL TO COUNCIL
342. City Clerk Tallman announced the Council
Meeting Packet is now available on the City’s website. City Clerk
Tallman reminded residents of the primary election on Tuesday,
August 5, and reported her office will be open on Saturday for
Absentee Voting.
343. Chief Kitchen invited all interested
parties to tour the Police Department in order to review the
department’s space issues. Chief Kitchen assured Mayor Covey that
the Police Department is keeping an eye on loitering in the downtown
area.
344. Councilwoman Gumbleton spoke about ways
to get youth more involved with local government and asked that the
issue be placed on the Council’s August 25, 2008 agenda.
Councilwoman Gumbleton reported she will not be able to attend the
August 11th Council meeting or the August 18th
Joint Council/Ferndale School Board meeting. She asked that the
youth involvement issue be discussed at the joint meeting, and
requested that Council members be consulted regarding their
availability for special meetings before the meetings are scheduled.
345. Councilwoman Baker announced the
upcoming 1998 Ferndale High School ten-year reunion. Councilwoman
Baker requested a condolence resolution for Diane Sharples be placed
on the next Council agenda. Councilwoman Baker requested the City
look into marking crosswalks with solid side lines rather than
cross-hatching as research shows this is easier for persons with
visual disabilities and for seeing-eye dogs to recognize.
346. Mayor Covey reported the grate is
missing from the tree well in front of Tony’s Sports Bar. Mayor
Covey reported the Pub Crawl was successful. Mayor Covey promoted
disability awareness during the coming week.
11. CLOSED SESSION: for the purpose of
considering the purchase of real estate in accordance with 15.268(d)
of the Open Meetings Act.
City Attorney Christ noted that with only three
members of Council remaining at the table the statutory requirement
for a 2/3 vote to call a closed session is not possible.
Mayor Covey asked that a closed session for the
purpose of considering the purchase of real estate in accordance
with 15.268(d) of the Open Meetings Act be placed on the next
agenda.
12. ADJOURNMENT
There being no objections, Mayor Covey adjourned
the meeting at 10:01 p.m.
J. Cherilynn Tallman, City Clerk
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