City Council - March 12, 2003

PROPOSED MINUTES

FERNDALE CITY COUNCIL MEETING

WEDNESDAY, MARCH 12 2003, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Wednesday, March 12, 2003, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Galloway called the meeting to order at 7:33 p.m.

Mayor Pro Tem Galloway led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Lennon, Weber; Mayor Pro Tem Galloway. Absent: Mayor Porter.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to excuse Mayor Porter from this meeting.

AYES: C, L, W; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Mayor Pro Tem Galloway proclaimed a Special Tribute to Korean War Veterans. Richard Sharbenow from Korean Veterans Post 256 thanked Council for their support.

XXX. Awards were presented to employees for 10, 15, 20, 25 and 35 years of service.

1. Steve Lawrence presented the City with aerial photographs of City buildings, which he had taken by helicopter.

2. Jean Davis, Chair of the Arts and Cultural Commission, announced the Commission would host a silent auction on Saturday, March 22, 2003, from 5:30 - 7:30 p.m. at the Kulick Community Center. She also announced that the Commission was looking for artists for the Annual Art Fair.

3. Jackie Koivu thanked Council for their recognition of March as Parenting Awareness Month by proclamation at the last meeting. She announced that the annual awards for Ferndale Youth Assistance would be at a dinner on April 15, 2003; FYE Bowl-a-thon would be held on March 30 and FYA was hosting a seminar at Kennedy School on March 31, 2003 from 6:30 - 8:30 p.m. called "Bully Proofing Your Child". She also requested donations for the High School’s All Night Senior Party.

4. Brian Cooley, on behalf of the Beautification Commission, announced that the Commission would be hosting a "Parks Clean Up Day" and that two trees would be raffled off for volunteers who worked the event. He announced that they were again running the "Great Tree Contest" for trees that were 10 feet circumference or greater and that the Commission was currently updating the 5 year Park Plan.

XXX. It was the consensus of Council that Consent Agenda Item 6A be considered after the Regular Agenda.

Moved by Councilman Covey, seconded by Councilwoman Weber, to approve the amended Consent Agenda as follows:

A. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA

B. Approval of transfer of 2002 Class C Liquor License located at 22824 Woodward from Daniel M. Reedy and Sally E. Reedy to Single Malt, Inc., as submitted by Police Chief.

C. Receive the Police Department Report for January, 2003.

D. Approval of the bills, payrolls (as certified by City Manager) and City Attorney expense statements submitted by Howard Shifman, P.C., and Beier Howlett, P.C., to be paid subject to review by the Council Finance Committee.

AYES: L, W, C; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to appoint Susan Lindson, 1639 Camden, to the Integrated Pest Management Committee for a one year term to expire December 31, 2003.

AYES: W, C, L; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to appoint Martin Dale Oliver, 1347 W. Saratoga, to the Arts and Cultural Commission, for a two year term, to expire December 31, 2004.

AYES: C, L, W; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to dissolve both the Police Liaison Committee and the Fire Liaison Committee.

AYES: L, W, C; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to direct the City Attorney to prepare the appropriate documentation to be signed by the Mayor and City Clerk granting an extension until December 31, 2003 of the one year reversion provision stipulated on the quit claim deeds for the parcels of land commonly known as 265 E. Chesterfield and 366 E. Webster.

AYES: W, C, L; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to adopt Ordinance No. 961, an amendment to the Zoning Ordinance, regarding rezoning of 2258 -2278 Woodward Heights from R-1B District to R-2 District.

AYES: C, L, W; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Monday, March 24, 2003, at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses and that the City Attorney’s Office prepare and have served appropriate legal notice of the scheduled Hearing to the establishments listed on the correspondence from City Manager dated March 4, 2003, as follows: Jester’s One, Inc., 22848 Woodward; Luxury Lanes, 600 E. Nine Mile; Jalapeno Petes, 212 W. Nine Mile; Blue Nile (Downtown Grill), 545 W. Nine Mile; Rose O’Grady’s, 175 W. Troy; Como’s Resturant, 22812 Woodward; Cobalt, 22061 Woodward; Pronto, 344 W. Nine Mile, 1810 Planavon; Magic Bag, 22920 Woodward; Tony’s Sport’s Bar, 23500 Woodward; Boogie Fever (Karma), 22901 Woodward and Assaggi, Inc., 330 W. Nine Mile, that are in question and/or delinquent in paying taxes that were due on March 1, 2003, according to the Assessor/Treasurer’s record of that day.

AMENDMENT

Moved by Councilwoman Weber, seconded by Councilman Lennon, to add the following three establishments, which were not included in the City Manager’s list: Dino’s, 22740 Woodward; Q Lounge, 141 W. Nine Mile, and the New Way Bar, 23130 Woodward, and to change "according to the Assessor/Treasurer’s record of that day" to "according to the Assessor/Treasurer’s record as of March 13, 2003".

AYES: L, W, C; MTG

NAYS: None

ABSENT: MP

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Lennon, seconded by Councilman Covey, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Monday, March 24, 2003, at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses and that the City Attorney’s Office prepare and have served appropriate legal notice of the scheduled Hearing to the establishments listed on the correspondence from City Manager dated March 4, 2003, as follows: Jester’s One, Inc., 22848 Woodward; Luxury Lanes, 600 E. Nine Mile; Jalapeno Petes, 212 W. Nine Mile; Blue Nile (Downtown Grill), 545 W. Nine Mile; Rose O’Grady’s, 175 W. Troy; Como’s Resturant, 22812 Woodward; Cobalt, 22061 Woodward; Pronto, 344 W. Nine Mile, 1810 Planavon; Magic Bag, 22920 Woodward; Tony’s Sport’s Bar, 23500 Woodward; Boogie Fever (Karma), 22901 Woodward and Assaggi, Inc., 330 W. Nine Mile, and additionally Dino’s, 22740 Woodward; Q Lounge, 141 W. Nine Mile, and the New Way Bar, 23130 Woodward, that are in question and/or delinquent in paying taxes that were due on March 1, 2003, according to the Assessor/Treasurer’s record as of March 13, 2003.

Councilman Covey indicated for the record that Cobalt and Pronto’s liquor licenses were in escrow and encouraged cooperation to help facilitate the sales. He requested the City Manager’s assistance to guide both Council and the potential owners through the liquor licensing process.

AYES: W, C, L; MTG

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Councilman Lennon indicated for the record that since there had been discussion regarding his absence from the Special Council Meeting of December 18, 2003, he indicated the meeting convened at 6:36 p.m., adjourned at 10:14 p.m. and he arrived at 6:39 p.m.

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to refer the Minutes of the Special Meetings held December 18 and December 23, 2003, to the City Clerk.

AYES: W, C, L; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to approve the Minutes of the Special Meeting held January 13, 2003, as submitted by City Clerk.

AYES: C, L, W; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to approve the Minutes of the Regular Meeting held December 23, 2002, as submitted by City Clerk.

AYES: L, W, C; MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

XXX. City Manager Barwin announced that Michigan Department of Transportation has provided the City with a brief five minute video on what they believe are the needs to expand Intermodal Freight Facilities in Southeast Michigan which will be shown on WFRN during the next two weeks and invited citizens to let the City know how they feel about it. City Manager Barwin thanked State Senator Jacobs, State Representative Meisner and State Senator Thomas who convened a meeting in Lansing with the Michigan Suburbs Alliance, which now includes 20 communities and a delegation of State Representatives and Senators from both parties with the goal being to find innovated ideas for our region to find ways to save money.

XXX. City Attorney Christ announced he was advised that the Mayor has a received a appeal from a Freedom of Information request and that the item would be placed on the next Regular Council Agenda

XXX. Councilman Lennon commented about the National League of Cities Conference. Councilman Lennon announced he was opposed to the passage of a Bill in Lansing regarding water rates and requested that the City Manager initiate discussion with the City of Detroit on their position and obtain more information so Ferndale can formally take a position on the Bill. Councilman Lennon also requested to gage both Detroit and other communities regarding pursuing long term solutions for regional infrastructure issues.

XXX. Councilwoman Weber commented on an article in the Daily Tribune about Morelle Earp and her volunteerism at Webster School in Hazel Park and Ferndale Fire Department.

XXX. Councilman Covey complimented Mayor Pro Tem Galloway handling of the Council Meeting in Mayor Porter’s absence. Councilman Covey inquired about a memo from the Fire Department to the Building Department regarding better communications between the departments. Councilman Covey requested the City Manager to begin the process of reviewing the City Attorney contract and requested if State Senator Jacobs could get a new State of Michigan flag for the Council Chambers. Councilman Covey announced that during Rev. Phelps, PFLAG raised over $9,000 and wished everyone a Happy St. Patrick’s Day.

XXX. Mayor Pro Tem Galloway spoke on behalf of Mayor Porter and wanted to commend the Integrated Pest Management Committee and thanked those who spoke regarding the proposed changes Intermodal Rail Yard.

XXX. Mayor Pro Tem Galloway commented on the NLC Conference and requested a quarterly report regarding parking at the next meeting or the first meeting in April.

Mayor Pro Tem Galloway adjourned the meeting at 9:14 p.m.