City Council - October 13, 2003

C - COUNCILMAN COVEY
G-COUNCILMAN GALLOWAY
T - COUNCILMAN TRICE
W - COUNCILWOMAN WEBER
MP - MAYOR PORTER
MTG - MAYOR PRO TEM GALLOWAY

PROPOSED MINUTES

FERNDALE CITY COUNCIL MEETING

MONDAY, OCTOBER 13, 2003, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, October 13, 2003, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:58 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Trice, Weber; Mayor Porter. Absent: None.

XXX. Mayor Porter asked members of Council if they had any objections to 2 items being addressed before those listed on the agenda. No Council Member indicated objections.

XXX. Moved by Mayor Porter, supported unanimously, for a Condolence Resolution for Robert "Tiger" Natin.

ADOPTED UNANIMOUSLY

XXX. Mayor Porter thanked everyone who wished him well on the recovery of his recent back surgery.

XXX. PROCLAMATION November 23 - 30, 2003, as Bible Week

Mayor Porter proclaimed November 23-30, 2003 as Bible Week in the City of Ferndale.

XXX. PUBLIC HEARING Special Assessment Sidewalk District No. 2003

Mayor Porter opened the Public Hearing at 8:03 p.m. Giancarlo Castillo, 450 E. Breckenridge had comments and/or questions. Mayor Porter closed the Public Hearing at 8:05 p.m.

A. Consideration to receive and confirm Special Assessment Sidewalk District No. 2003, and that the special assessments be spread on the 2003 Winter Tax Roll, unless deferment is later allowed

Moved by Councilwoman Weber, seconded by Councilman Covey, to receive and confirm Special Assessment Sidewalk District No. 2003, and that the special assessments be spread on the 2003 Winter Tax Roll, unless deferment is later allowed and that a Public Hearing was published for this date and time.

AYES: C,T,W;MP

NAYS: G

MOTION CARRIED

B. Consideration of deferment of Special Assessments and procedure for installments, as recommended by the Sidewalk Hardship Committee

Moved by Councilman Covey, seconded by Councilwoman Weber, to accept the Sidewalk Hardship Committee recommendation, providing deferment, special assessment and the procedure of three year spread with 5% interest as recommended by the Sidewalk Hardship for the following addresses: 139 E. Breckenridge; 320 College; 341 E. Cambourne; 169 E. Cambourne; 609 Ardmore Drive; 518 Rosewood; 515 Rosewood and 580 E. Troy.

AYES: G,T,W,C;MP

NAYS: None

MOTION CARRIED

XXX. PUBLIC HEARING Brownfield Plan Amendment for the property located at 1300 E. Nine Mile Road

Mayor Porter opened the Public Hearing at 8:16 p.m. There being no one who spoke, Mayor Porter closed the Public Hearing at 8:17 p.m.

Mayor Porter left Council Chambers at 8:20 p.m.

Pro Tem Galloway assumed the Chair

Mayor Porter returned to Council Chambers at 8:21 p.m.

A. Consideration of Resolution regarding amendment to the Brownfield Plan

Moved by Councilman Galloway, seconded by Councilman Trice, to adopt the following Resolution after the October 13, 2003 Public Hearing considering the amendment to the Brownfield Plan submitted by NMS of Ferndale Limited Partnership for the property located at 1300 East Nine Mile Road.

AYES: T,W,C,G;MP

NAYS: None

MOTION CARRIED

B. Consideration of Development/Reimbursement Agreement

Moved by Councilwoman Weber, seconded by Councilman Trice, to approve the Development/Reimbursement Agreement submitted by NMS of Ferndale Limited Partnership for the property located at 1300 East Nine Mile Road, and authorize the Mayor and City Clerk to sign the agreement.

AYES: W,C,G,T;MP

NAYS: None

MOTION CARRIED

XXX. Call to Audience

1. Jackie Koivu, commented on the Crop Walk that was held on October 12, 2003; thanked those who came to the Ferndale Education Foundation wine tasting event and that Hour Magazine subscriptions were being taken to raise money for Ferndale Youth Assistance (FYA); announced that FYA would hold their annual meeting next Thursday at 6:00 p.m. at Zion Lutheran Church and that on December 2, 2003 a "Sponsor Breakfast" will be held that have help FYA over the year and commented on the Southeast Oakland Coalition program "Our Home, Safe Places for Children and Youth".

2. Suzanne Rowe expressed concern regarding taxes and the effects on first time home buyers.

3. Joe Mahan asked for any information on how four streets, south of 10 Mile Road, were named (Mahan, Brickley, Coy and Shevlin) and asked for assistance in providing a history of Ferndale sports, beginning in the 1920s.

4. Peggy Snow, Chair of the Beautification, announced that Albany between Livernois and Beaufield was presented the Beautification Block Award.

5. Ray White, president of the Historical Society, announced that the 2004 Calendar was on sale for $10 with the proceeds going to the Historical Society.

6. Ken Miller, on behalf of Woodward Dream Cruise Committee, presented a plaque to the Mayor and the Police Chief for their efforts during the Woodward Dream Cruise and the blackout.

7. Wayne Smith, on behalf of the Police Auxiliary, announced their Spaghetti Fundraiser Dinner will be held on Saturday, October 18, 2003 at the Free Methodist Church from 3:00 p.m. to 8:00 p.m.

Consent Agenda

XXX. It was the consensus of Council that Consent Agenda Items 7A, 7E and 7F be considered after the Regular Agenda.

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

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

B. Approval to purchase replacement ambulance stretcher from BoundTree Medical, as submitted by Fire Chief.

C. Approval for the Special Event Application from Edison Oakland Public School Academy for Code of Conduct Celebration, to be held Thursday, October 16, 2003, from 10:15 a.m. to 1:30 at Wilson Park, as submitted by City Clerk.

D. Approval to refer A. Rea, Inc., breach of contract regarding the DPW building project to the City Attorney, as submitted by DPW Director.

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

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

AYES: C,G,T,W;MP

NAYS: None

MOTION CARRIED

Regular Agenda

A. Consideration of Resolution regarding DIFT Project

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Resolution with the first page as is, page 2 the 3rd paragraph from the bottom, to insert, "Now Therefore Be It Resolved that the City of Ferndale Council along with its residents..." delete the paragraph referring to petition; on the final page add to the 2nd line, "distributed as to the need for the expansion of the yard and as to why existing...".

AMENDMENT

Moved by Councilman Galloway, seconded by Councilman Trice, to amend the DIFT Resolution.

AYES: G,T,W,C;MP

NAYS: None

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS

Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Resolution with the first page as is, page 2 the 3rd paragraph from the bottom, to insert, "Now Therefore Be It Resolved that the City of Ferndale Council along with its residents..." delete the paragraph referring to petition; on the final page add to the 2nd line, "distributed as to the need for the expansion of the yard and as to why existing..." and also with amendments made at the table.

AYES: T,W,C,G;MP

NAYS: None

MOTION CARRIED

B. Appointment of Voting and Alternate Voting Delegates for National League of Cities Conference for December, 2003

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint City Manager Barwin as the Voting Delegate and Councilman Galloway, as the Alternate Voting Delegate for National League of Cities Conference for December, 2003.

Councilman Trice left Council Chambers at 9:23 p.m.

AYES: G,W,C;MP

NAYS: None

ABSENT: T

MOTION CARRIED

Councilman Trice returned Chambers at 9:25 p.m.

C. Appointment to the Woodward Avenue Action Association

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint David Staudt to the Woodward Avenue Action Association.

AYES: C,G,T,W;MP

NAYS: None

MOTION CARRIED

D. Consideration of filling Police Officer position

XXX. Moved by Councilman Galloway, seconded by Councilman Trice, to fill one police officer position

AYES: G,T,W,C;MP

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 9:29 p.m.

Pro Tem Galloway assumed the Chair

E. Consideration of filling Public Works - Grade I position

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to fill one Public Works - Grade I position.

AYES: T,W,C;MTG

NAYS: None

ABSENT: MP

MOTION CARRIED

Mayor Porter returned to Council Chambers at 9:35 p.m.

F. Consideration of filling Kulick Community Center Custodial position

XXX. Moved by Councilman Galloway, seconded by Councilman Trice, to fill one Kulick Community Center Custodial position contingent that the position becomes vacant.

AYES: W,C,G,T;MP

NAYS: None

MOTION CARRIED

G. Consideration of memorandum regarding clerical staff in the Fire Department

XXX. Moved by Councilman Galloway, seconded by Councilman Trice, to approve a part time clerical for the Fire Department.

Councilman Covey left Council Chambers at 9:37 p.m.

AYES: G,T,W;MP

NAYS: None

ABSENT: C

MOTION CARRIED

Councilman Covey returned to Council Chambers at 9:40 p.m.

H. Consideration of adoption of Ordinance No. 972, which amends Chapter 3 of the Code of Ordinances regarding Alcoholic Beverages

XXX. Moved by Councilman Galloway, seconded by Councilman Trice, to adopt Ordinance No. 972, which amends Chapter 3 of the Code of Ordinances regarding Alcoholic Beverages.

AYES: G,T,W,C;MP

NAYS: None

MOTION CARRIED

I. Consideration of instituting a dedicated traffic enforcement detail

XXX. Moved by Councilman Galloway, seconded by Councilman Trice, to institute a dedicated traffic enforcement detail.

AYES: T, G, C,W;MP

NAYS: None

MOTION CARRIED

Consent Agenda Item A- Approval of SBC Maintenance Service Agreement, including two addendums, for service of SBC 911 equipment, with Oakland County to refund half of the agreement amount to the City and authorization for the Mayor and City Clerk to sign agreement, as submitted by Police Chief.

XXX. Moved by Councilman Trice, seconded by Councilwoman Weber, to approve the SBC Maintenance Service Agreement, including two addendums, for service of SBC 911 equipment, with Oakland County to refund half of the agreement amount to the City and authorization for the Mayor and City Clerk to sign agreement.

AYES: W,C,G,T;MP

NAYS: None

MOTION CARRIED

Consent Agenda Item E- Approval of proposal from J. A. Lombardo and Associates for design, bid and construction-phase services for auxiliary generators at City buildings; and for upgrading the generator at Fire Station No. 1 and authorization for the Mayor and City Clerk to sign proposal as authorization to proceed, as submitted by DPW Director.

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to table the approval of proposal from J. A. Lombardo and Associates for design, bid and construction-phase services for auxiliary generators at City buildings; and for upgrading the generator at Fire Station No. 1 and authorization for the Mayor and City Clerk to sign proposal as authorization to proceed, as submitted by DPW Director indefinitely.

AYES: C,G,T,W;MP

NAYS: None

MOTION CARRIED

Consent Agenda Item F- 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.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to approve 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: G,T,W,C;MP

NAYS: None

MOTION CARRIED

Call to Council

XXX. County Commissioner Coulter announced that the County was dealing with budget issues.

XXX. City Manager Barwin announced that information packets would be available regarding the selling of parcels of land on the November, 2003 ballot. He also announced that Michigan State University e-mail the city a flyer regarding Box Elder. City Manager announced that Ferndale was recognized by the Michigan Environmental Council as "Land Use Hero" and commented that the Woodward Avenue Action Association and the Woodward Heritage Organization received notice that they will be receiving at $536,000 grant to begin public improvements along Woodward Avenue.

XXX. City Attorney Christ expressed that he was glad that the Mayor’s back surgery went well and it was good to have the Mayor back.

XXX. City Clerk Pedro expressed that she was glad that the Mayor’s back surgery went well and it was good to have the Mayor back.

XXX. Councilman Galloway expressed that he was glad that the Mayor’s back surgery went well and commented on the budget process and Proposition A and the Headlee Amendment. He announced that State Representative Andy Meisner will hold a seminar on Thursday, October 16, 2003, from 7:00 p.m. to 8:30 p.m. at Hazel Park High School Cafeteria on taxes.

XXX. Councilwoman Weber commented on the proposals that would be on the ballot concerning authorization to sell property and on Thursday, October 23, 2003 the Detroit Water Sewage Department will have a grand opening for their new water treatment facility

XXX. Moved by Councilman Trice, supported unanimously for a Condolence Resolution for Firefighter Larry Zimmerman of Royal Oak, who recently passed away.

ADOPTED UNANIMOUSLY

XXX. Councilman Trice inquired about the repairs on Woodward Avenue and announced that Faith Alway would have a 90th birthday party on November 22, 2003 from 1:00 p.m. to 4:00 p.m. at the First United Methodist Church.

XXX. Councilman Covey thanked the Mayor and City Manager Barwin on assistance on urban sprawl; commented on L. Brooks Patterson’s comments regarding sprawl; announced political forums will be held; AIDS quilts will be shown Sunday, October 19 from 6:00 p.m. to 8:00 p.m. and requested appointments to the Arts and Cultural be on the next agenda.

XXX. Mayor Porter commented on budget concerns and also that the month of November was recognized as "Recycle America Month"

XXX. Moved by Councilman Trice, seconded by Councilman Covey, to approve the filling of two Clerk Typist II in the CDS Department.

Mayor Porter adjourned the meeting at 10:35 p.m.

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The City of Ferndale, Michigan
300 East Nine Mile Road
Ferndale, Michigan  48220
(248) 546-2525