City Council - April 12, 2004

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.

XXX. Tim Lynch, from Ferndale Public Schools, made its monthly presentation and provided an update on activities throughout Ferndale Public Schools.

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.

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

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.

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

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.

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

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.

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

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

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.

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

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

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

XXX. Moved by Mayor Porter, adopted unanimously to adopt Resolutions saluting Ferndale Youth Recognition Awards recipients.

ADOPTED UNANIMOUSLY

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

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

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

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

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

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

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

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

Alan Soave commented on water rates and trash not being picked up by a business in his neighborhood.

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.