PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, MONDAY, APRIL 12, 2004, 7:30 P.M. AT CITY HALL
A Regular Meeting of the Ferndale City Council was held Monday, April 12, 2004, at City Hall, 300 East Nine Mile Road,
Ferndale. Mayor Porter called the meeting to order at
7:32 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.
PRESENTATION Ferndale Public Schools Monthly Update
XXX. Tim Lynch, from Ferndale Public Schools, made its monthly presentation and provided an update on activities
throughout Ferndale Public Schools.
PUBLIC HEARING 2004 Sidewalk Replacement Program
XXX. Mayor Porter opened the Public Hearing regarding the 2003 Sidewalk Replacement Program at 7:45 p.m. Kaz Lukowski,
Rose Taupe and Alan Soave indicated opposition to the program. Christina Usis, Linda Voulu, Carol Kellen, Janice Roge and Guy Gaub had
questions and/or comments. Mayor Porter closed the Public Hearing at 9:08 p.m.
A. Consideration of Resolution authorizing the 2004 Sidewalk Replacement Program and to proceed pursuant to the special
assessment process
Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Resolution authorizing the 2004 Sidewalk
Replacement Program and to proceed pursuant to the special assessment process, as set forth in the Resolution.
AYES: C,G,L,W;MP
NAYS: None
MOTION CARRIED
XXX. PUBLIC HEARING Amended Brownfield Plan for the property located at 181 and 227 W. Marshall
Mayor Porter opened the Public Hearing at 9:16 p.m. regarding Brownfield Plan for the property located at 181 and 227 W.
Marshall. There being no one in the audience that came forward to speak, Mayor Porter closed the Public Hearing at 9:17 p.m.
A. Consideration of Resolution approving Amended Brownfield Plan for Ferndale E-Z Mini Storage Project at 181 and 227 W.
Marshall
B. Consideration to approve First Amended Development Agreement with Nolan Brothers of Texas, Inc., relative to the
property located at 181 and 227 W. Marshall
Moved by Councilman Galloway, seconded by Councilman Covey, to approve the First Amendment to the Brownfield Plan and
Development Agreement with the Nolan Brothers of Texas, Inc. relative to infrastructure activities on the property located on 181 W. Marshall,
pursuant to the Findings and Conditions approved by the Ferndale Brownfield Redevelopment Authority a their March 9, 2004 Meeting and
contingent upon the Michigan Economic Growth Authority= s approval on April 13, 2004, per the City
Attorney= s April 7, 2004 memo, and to authorize the Mayor and Cit y Clerk to sign the Agreement.
AYES: G,L,W,C;MP
NAYS: None
MOTION CARRIED
XXX. PUBLIC HEARING Rezoning the south side of West Troy between Allen and Woodward from P-1 District and C-4 District to
C-2 District
Mayor Porter opened the Public Hearing at 9:27 p.m. regarding rezoning the south side of West Troy between Allen and
Woodward from P-1 District and C-4 District to C-2 District. Nancy Goedert and DDA Director Sheppard-Decius indicated support of the
re-zoning. Mayor Porter closed the Public Hearing at 9:33 p.m.
A. Consideration of adoption of Ordinance No. 976, an amendment to the Zoning Ordinance, regarding rezoning of West Troy
between Allen and Woodward from P-1 District and C-4 District to C-2 District
Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt Ordinance No. 976 to rezone lots 42 thru 59 and 19
thru 21, in the Greenwood Park Subdivision, which is commonly known as 22681 Woodward; 175 W. Troy; 211-215 W. Troy, and the parking lots
between (Sidwell 24-25-34-128-001, -002, -005, -006, -008, -031, -032, Oakland County Records) from P-1, Vehicular Parking District and C-4,
Central Business District to C-2, General Business District.
AYES: L,W,C,G;MP
NAYS: None
MOTION CARRIED
B. Consideration to adopt Ordinance No. 977, which amends Article XX of the Zoning Ordinance regarding Height Restriction
in the C-2 Zoning District
Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 977 to adopt the amendment to Ordinance
No. 525, Article XX, Schedule of Regulations, which restricts the height of buildings in the C-2 Zoning District to 70 feet, recommended by
the Plan Commission and the DDA and to direct the City Clerk to publish notices of adoption.
AYES: W,C,G;MP
NAYS: L*
MOTION CARRIED
*Councilman Lennon explained his negative vote by indicating that 70 feet was too high.
Council considered Agenda Item 6D as the next Agenda Item.
D. Consideration to proceed with the drafting of ballot language to be placed on the August 3, 2004 Election, with draft to
be forwarded to Council at the April 26, 2004 Council Meeting for approval
Moved by Councilwoman Weber, seconded by Councilman Galloway, to direct the City Manager to submit a ballot proposal to the
Agenda Committee for consideration to be reviewed at the April 26, 2004 Council Meeting.
AYES: C,G,L,W;MP
NAYS: None
MOTION CARRIED
C. Consideration to approve release of the Request for Proposal for development of the Troy/Allen property/parking lot
Moved by Councilman Covey, seconded by Councilman Galloway, to approve the release of the Request for Proposal for
development of the Troy Allen parking lot.
AYES: G,L,W,C;MP
NAYS: None
MOTION CARRIED
XXX. Call to Audience
1. Felicity Letti read two position statements.
2. Beth Holland, representing the Ferndale Southend Homeowners Association, commented on proposed zoning changes
3. Dawn Ptaszyanski commented on the lateness of Call to Audience.
4. Ray White announced that Ferndale Historical Society was selling calendars and the proceeds would go towards the
Historical Society.
5. Brian Cooley, member of the Parks and Recreation Advisory Board announced activities that were coming up.
6. Kay Watson commented on the City Manager.
Consent Agenda
XXX. It was the consensus of Council that Consent Agenda Items 8F and 8H be considered after the Regular Agenda.
Moved by Councilman Covey, seconded by Councilman Galloway, to approve the amended Consent Agenda as follows:
A. Approval of the Minutes of the Special Meeting held January 26, 2004, and the Regular Meeting held January 26, 2004, as
submitted by City Clerk.
B. Approval of transfer of 2002 Class C Liquor License located in escrow at 24931 North Chrysler, Hazel Park, 48030 to 205
W. Nine Mile and request for a new entertainment permit, as submitted by Police Chief.
C. Approval of the bid from BearCom for portable radios with speakers and microphones, as submitted by Fire Chief.
D. Approval for the Special Event Application from Ferndale Clergy Association for A
Festival of the Spirit@ to be held Saturday, May 22, 2004, from 2:00 p.m. to 9:00 p.m., at Martin
Road Park and applicable requests, as submitted by City Clerk.
E. Memorial Day Parade - May 31, 2004, as submitted by City Manager.
1. Approval of observance of Memorial Day with annual parade
2. Approval of contribution to Ferndale Memorial Association
3. Approval of agreement with Ferndale Memorial Association and authorization for the Mayor to sign agreement
4. Adoption of Resolution authorizing City Clerk to apply to MDOT for permit
F. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA
G. Permission for Recreation and Senior Services to conduct 2004 Ferndale Foot Frolic on Sunday, May 16, 2004;
authorization for the Police Chief to provide assistance, contingent upon receiving proper insurance, as submitted by Recreation Director.
H. REMOVED FROM CONSENT-MOVED TO END OF REGULAR AGENDA
I. Receive the Police Department Report for February, 2004.
J. Approval of the bills, payrolls (as certified by City Manager) and City Attorney expense statement submitted by Howard
Shifman, P.C., and Beier Howlett, P.C., to be paid subject to review by the Council Finance Committee.
10:13 p.m. Councilman Covey and Galloway left Council Chambers.
10:16 p.m. Councilman Galloway returned to Council Chambers.
10:17 p.m. Councilman Covey returned to Council Chambers.
AYES: L,W,C,G;MP
NAYS: None
MOTION CARRIED
Regular Agenda
A. Appointment to the Arts and Cultural Commission
XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint Rene Carpenter, 2225 Hyland, to the Arts and
Cultural Commission to fill an unexpired term, expiring December 31, 2004.
10:20 p.m. Councilman Lennon left Council Chambers.
AYES: W,C,G;MP
NAYS: None
ABSENT: L
MOTION CARRIED
B. Appointment of representative to Community Media Network
XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint Carl Weiler, 1955 Martin Road to the
Community Media Network, Board of Directors, City Appointed Director for indefinite term.
10:25 p.m. Mayor Porter left Council Chambers.
Mayor Pro Tem Covey assumed the Chair.
10:28 p.m. Mayor Porter returned to Council Chambers.
AYES: C,G,L,W;MP
NAYS: None
MOTION CARRIED
C. Consideration of adoption of Resolutions saluting Ferndale Youth Recognition Awards recipients
XXX. Moved by Mayor Porter, adopted unanimously to adopt Resolutions saluting Ferndale Youth Recognition Awards
recipients.
ADOPTED UNANIMOUSLY
D. Landscape Maintenance and Light Hauling
1. Consideration of approving contract
XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to award the landscape maintenance and light hauling
contract to Rizzo Services as outlined in the attached contract and to authorize the Mayor and City Clerk to sign contract.
AYES: G,L,W,C;MP
NAYS: None
MOTION CARRIED
Mayor Porter indicated for the records comments regarding Forsee= s Services
2. Consideration of new fee for violation of Chapter XX, Section 20-41 and related yard clean-up
Moved by Councilman Covey, seconded by Councilwoman Weber, to set the fee charged for violation of Chapter 20-41 of the
Code of Ordinance and yard cleanups at $275.00 for the first hour required to remediate the property, plus additional time billed at cost.
AYES: L,W,C,G;MP
NAYS: None
MOTION CARRIED
E. Consideration to establish an Firefigher Entry Level Hiring List
XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to establish an Firefigher Entry Level Hiring List.
AYES: W,C,G,L;MP
NAYS: None
MOTION CARRIED
F. Consideration to receive FYE 2005 Draft Budget and schedule Public Hearing
XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to receive the FYE-2005 Draft Budget as presented by
the City Manager and schedule a Public Hearing on the Proposed FYE-2005 Budget for Monday, April 26, 2004, at 7:30 p.m.
AYES: C,G,L,W;MP
NAYS: None
MOTION CARRIED
G. Consideration to adopt Resolution opposing State House Bill 4234
XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Resolution opposing State House Bill 4234.
AYES: G,L,W,C;MP
NAYS: None
MOTION CARRIED
H. Consideration of the Special Event Application from Triangle Foundation for Motor City Pride Event
XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Special Event Application from Triangle
Foundation for Motor City Pride Event.
AYES: L,W,C,G;MP
NAYS: None
MOTION CARRIED
Consent Agenda Item F- Approval to purchase commercial riding mowers from Thesier Equipment Company, as submitted by DPW
Director.
XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to approve the purchase of commercial riding mowers
from Thesier Equipment Company, as submitted by DPW Director.
AYES: W,C,G,L;MP
NAYS: None
MOTION CARRIED
Consent Agenda Item H- Approval to purchase office furniture from Smart Office System (SOS), as submitted by DDA Manager.
XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to approve the purchase of office furniture from
Smart Office System (SOS), as submitted by DDA Manager.
AYES: W,C,G;MP
NAYS: L
MOTION CARRIED
XXX. Call to Audience, continued
Alan Soave commented on water rates and trash not being picked up by a business in his neighborhood.
Call to Council
XXX. City Manager Barwin commented on the Woodward/Eight Mile Bridge.
XXX. Councilman Covey commented that he has received complaints regarding a business on West Nine Mile Road and that
there was a vacancy on the Arts and Cultural Commission. He wished Happy Birthday to Mr. Barwin and inquired about a $20,000.00 grant for
trees. He announced that there would be a fundraiser sing-a-long of songs from the musical "Sound of Music" for M.A.P.P. on Thursday, April
22, 2004, from 7:30 p.m. at the Main Art Theatre in Royal Oak.
XXX. Councilman Galloway commented about a letter that Council received and the politics surrounding the Woodward/Eight
Mile Bridge.
XXX. Councilwoman Weber announced that her comments about the MML Conference would be at the next meeting.
XXX. Mayor Porter commented about businesses facades on Nine Mile and turn the matter over to the DDA Manager. He also
commented about the transfer of Liquor License that was approved at tonight= s meeting.
XXX. Moved by Mayor Porter, adopted unanimously, to adopt the Condolence Resolution for Annabelle Helegda.
ADOPTED UNANIMOUSLY
XXX. Moved by Mayor Porter, adopted unanimously, to adopt the Condolence Resolution for Mary Hubanks.
ADOPTED UNANIMOUSLY
Mayor Porter adjourned the meeting at 11:38 p.m.
