City Council - March 10, 2004

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
WEDNESDAY, MARCH 10, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Wednesday, March 10, 2004, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:35 p.m.

Mayor Porter led the Pledge of Allegiance.

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

XXX. Mayor Porter presented awards to employees with 10, 15, 30 and 40 years of service.

XXX. The Good and Plenty Players performed two scenes from their upcoming musical, "Yearbook Reflections".

XXX. Councilman Covey thanked numerous individuals and businesses; presented an award for outstanding achievement to one business, and plaques to two businesses for raising the most money. Councilman Covey presented checks from the Blues Festival proceeds to Ferndale Youth Assistance and Midwest A.I.D.S. Prevention Project.

XXX. Beth D’Anna, Ferndale School Board Trustee, thanked Council for allowing the District to make monthly presentations and provided an update on activities throughout Ferndale Public Schools.

1. David Coulter, Oakland County Commissioner, provided information on two programs: the Oakland Livingston Human Services Agency runs a Heating Assistance Program, for more information contact 1-800-482-9250, and the Home Improvement Program through Oakland County, for more information contact (248) 858-5401. Oakland County Commissioner Coulter announced that the next public meeting of D.I.F.T. would be held on March 29, 2004, at the Michigan State Fairgrounds from 4:30 p.m. to 8:30 p.m.

2. Beth Holland provided updated information on the status of the potential D.I.F.T. and encouraged Ferndale residents to attend the meeting at the Michigan State Fairgrounds on March 29, 2004.

3. Janet Narich, on behalf of former Mayor Charles Goedert, who is the City Liaison to the D.I.F.T. Advisory Council, encouraged residents to attend the meeting on March 29, 2004, at the Michigan State Fairgrounds. She commented on the letter sent by L. Brooks Patterson, Oakland County Executive, to MDOT regarding the D.I.F.T.

4. Dawn Ptaszynski inquired about the City Manager’s contract and his application for the City Manager position in Sterling Heights.

XXX. It was the consensus of Council that Consent Agenda Items 8A, 8B and 8E 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. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA

C. Approval to schedule a Public Hearing on Monday, April 12, 2004, at

7:30 p.m., to consider the Plan Commission’s recommendation relative to rezoning the south side of West Troy between Allen and Woodward and to direct the City Clerk to publish appropriate notice, as submitted by CDS Director.

D. Approval to use City Hall parking lot and employee kitchen for "Trunk and Treasure" Sale to be held on Saturday, June 5, 2004, as submitted by Recreation Director.

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

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

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint Ann Heler, 1024 Leroy, as the Citizen Representative, on the Ferndale Special Event Committee.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint Ken Miller, 1949 Hyland, to the Brownfield Redevelopment Authority for a term to expire December 12, 2005.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to table definitely consideration of the Employees Pension Board of Trustees membership eligibility and potential options until the next Regular Council Meeting to be held March 22, 2004.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Monday March 22, 2004, at 7:30 p.m., regarding the Non-Renewal of Class C Liquor Licenses and that the City Attorney’s Office prepare and serve appropriate legal notices of the scheduled hearing to the listed establishments in the March 3, 2004, correspondence from the City Manager, which are in question and/or delinquent in paying their taxes that were due on March 1, 2004 according to the Assessor/Treasurer records at that day and/or violations listed according to the Police Department report once presented.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to deny the petition to rezone the property located at 150 Vester from C-5, Non-Manufacturing Business Service District, to C-4 Central Business District.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Certification of Local Approval for Non-Profit Organization form required for renewal grant from the Michigan State Housing Development Authority (MSHDA) for Community Services of Oakland to provide case management services for homeless families and individuals in South Oakland County and authorize the Mayor to sign the the certification form.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to approve the settlement, conditioned upon dismissal with prejudice of the appeal and cross-appeal, in the matter of James Green v. the City of Ferndale and City of Ferndale v. James Green, Court of Appeals No. 252425, as submitted by City Attorney.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to accept the Police Department Report for January, 2004.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Police Chief Kitchen congratulated Fire Chief LeGault on his 40 years of service to the City of Ferndale.

XXX. Fire Chief LeGault announced that there was a new emergency siren at Fire Headquarters on Livernois and the County would remove the sirens at Taft School, Geary Park and the Withington Parking Lot. He indicated that the City would be now covered by two sirens, one located at each Fire Station.

XXX. City Manager Barwin announced that the DDA unanimously voted for the Woodward Dream Cruise Car Show Events to be hled on West Nine Mile Road from Woodward to at least Allen.

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to appoint Mayor Porter as the City’s Liaison to the Dream Cruise Committee.

AYES: All

NAYS: None

MOTION CARRIED

XXX. Councilman Lennon inquired about the Hazel Park Schools making presentations to update Council on their activities. He thanked County Commissioner David Coulter, Janet Narich, and Beth Holland for their work regarding D.I.F.T. Councilman Lennon requested that residents and businesses help keep Ferndale clean by cleaning up their property and inquired about deadline dates for ballot proposals to be placed on the August, 2004 Election.

XXX. Councilman Covey commented on his experience at the National League of Cities Conference in Washington D.C. He requested that City Manager in conjunction with himself and any interested Council Members to draft a Resolution in opposition to President Bush’s call for a Constitutional Amendment to band same sex marriages, which he requested to be placed on the March 22, 2004 Agenda.

XXX. Councilman Galloway thanked Mayor Porter, Councilmen Covey and Lennon for attending the National League of Cities Conference in Washington D.C. He also announced that on Monday, March 22, 2004, at Ferndale High School starting at 6:30 p.m., the Ferndale Superintendent would host a question and answer night regarding the bond issue. Councilman Galloway also commented on the budget cuts the City recently made.

XXX. Councilwoman Weber commented on the presentation made from the Ferndale School Board. She also commented on ICARE II, Inter-County Citizens Achieving Regional Excellence, who are concerned with issue in the Ferndale area and announced that this group would be having their annual meeting on Thursday, March 18, 2004, at the Hazel Park Library.

XXX. Mayor Porter commented about his experience at the National League of Cities Conference in Washington D.C. He also commented about the Energy Bill that President Bush has proposed that has a waiver of liability regarding the MTBE, which is a chemical component created in the production of gasolines. Mayor Porter complimented Oakland County’s progress regarding broadband. He also commented on a letter that was received from Mr. Stahl regarding the Pond Ordinance and also the recent ruling of the Fence Board of Review. Mayor Porter announced that the Pond Ordinance would go before Council for adoption at the next Regular Council Meeting on March 22, 2004.

Mayor Porter adjourned the meeting at 9:21 p.m.