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City Council - July 12, 2004

C - COUNCILMAN COVEY
G-COUNCILMAN GALLOWAY
L-COUNCILMAN LENNON
W - COUNCILWOMAN WEBER
MP - MAYOR PORTER
MTC - MAYOR PRO TEM COVEY

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, JULY 12, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, July 12, 2004, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:34 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. Beth D’Anna, Ferndale Public Schools, made a presentation and provided an update on activities throughout Ferndale Public Schools.

PRESENTATION Youth Delegate on NLC Conference held December, 2003

XXX. Mayor Porter announced that William Wrasse had contacted him and that he was called into work today and was unable to do his presentation. Mayor Porter indicated that Mr. Wrasse’s presentation would be on the July 26, 2004, Regular Council Agenda.

XXX. Call to Audience

1. Carl Weiler, Community Media Network Board Member, provided information on activities of Community Media Network.

2. Jean Davis, Chair of the Arts and Cultural Commission, expressed concern regarding another art fair being held in the City by the Downtown Development Authority.

3. Francine Hachem, member of the Arts and Cultural Commission, announced that there were two more concerts in the "Music In the Park" series at the Kulick Center: Friday, July 9, 2004, The Motor City Brass Band and Friday, July 16, 2004, a cabaret show. She also expressed concern regarding another art fair being held in the City by the Downtown Development Authority.

4. Beth Holland, member of the Arts and Cultural Commission, expressed concern regarding another art fair being held in the City by the Downtown Development Authority and commented why the Art Fair moved from the Downtown to Geary Park. She announced that a flower garden would be planted in a courtyard at Ferndale High School. She also announced that a new program through H.U.D. Oakland County that first time home buyers can received up to 6% or $10,000.00 towards a purchase of a new home.

5. Doug Davis, Vice-Chair of the Arts and Cultural Commission, expressed concern regarding another art fair being held in the City by the Downtown Development Authority.

6. Martin Oliver invited Mayor and City Council to 2nd Annual Block Sale and Party on W. Saratoga to be held on Saturday, July 24, 2004.

7. Celia Browne expressed concern regarding another art fair being held in the City by the Downtown Development Authority.

8. Kathryn Chamberlain, member of the Arts and Cultural Commission, expressed concern regarding another art fair being held in the City by the Downtown Development Authority.

9. Haifu, owner of the Blue Nile Restaurant, questioned the status of the L.C.C. Resolution to allow liquor to be served in his sidewalk cafe.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to approve the LCC Outdoor Service Resolution for the Blue Nile and immediately forward to Lansing.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

10. Mary Trenner, City Librarian, thanked everyone who participated in this evening’s ice cream social; announced that on July 26, 2004, at 6:30 p.m., there will be a Popcorn and Movie Night at the Library and commented about a letter and picture she had received from a patron that indicated that she liked her Library.

Consent Agenda

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

Councilman Lennon left Council Chambers at 8:08 p.m.

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

A. Approval for free parking for on-street meters on Nine Mile Road and Woodward in the DDA area on July 30, 2004, in conjunction with WDRQ 93.1 Free Parking Promotion, as submitted by DDA Manager.

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

C. Approval to refer Article III, IV, and V of Chapter 6 of the Code of Ordinances regarding Electrical Code, Plumbing Code and Mechanical Code to the Ordinance Committee for review and recommendation, as submitted by CDS Director.

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

AYES: G,W,C;MP

NAYS: None

ABSENT: L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:11 p.m.

Regular Agenda

A. Consideration of Housing Improvement Program - Employer Assisted Housing - Michael Simko

XXX. Michael Simko from Citizens Bank made a presentation regarding Employer Assisted Housing.

B. Authorization to abate nuisance tree on Horton Street

XXX. Council took no action on this Agenda Item.

C. Consideration to allow the Ferndale DDA to hold its Thursday on the Nine Art Gallery Walk on Thursday, July 15, 2004, and to close West Nine Mile Road for the event

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Ferndale DDA to host its Thursdays on the Nine Art Gallery Walk for July 15th on West Nine Mile Road between Woodward and Allen, and that DPW close the road to all traffic at 5:00 p.m. and open back up at 10:00 p.m., contingent upon the DDA Director conferring with the Fire Department for proper placement of any construction along West Nine Mile Road.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

D. Consideration of Revised Intergovernmental Agreement concerning Animal Control Services

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to provide Animal Control Services to the City of Hazel Park, as per the attached amended Intergovernmental Agreement, and that we authorize the Mayor and City Clerk to sign the agreement.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

E. Consideration of DRAFT ballot language for Headlee Amendment Override

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to table definitely to the Regular Council Meeting on July 26, 2004, the approval the ballot language for Headlee Amendment Override.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

F. Discussion of Regional Fire/EMS Services with the Cities of Royal Oak, Ferndale/Pleasant Ridge, Hazel Park, and Madison Heights

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint City Manager Tom Barwin, Mayor Robert Porter and Fire Chief William LeGault, as three of the four City of Ferndale’s representatives to explore the potential costs and benefits of the regional approach to providing fire and emergency medical response services to the residents of Ferndale and Southeast Oakland County with the fourth position open to a citizen from Ferndale who is interested in serving on this Commission and can follow the process that the City Clerk does for all Boards and Commissions.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

G. Consideration of adoption of Resolution and approval of Municipal Purchase Agreement with Siemens Building Technologies, Inc., and Comerica Securities, related to Installment Purchase Contract for HVAC improvements to Municipal Buildings

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to adopt the attached Resolution and that the Mayor and City Clerk be authorized to execute the Purchase Agreement that is attached.

Councilman Lennon left Council Chambers at 8:54 p.m.

AYES: W,C,G;MP

NAYS: None

ABSENT: L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:57 p.m.

H. Consideration of adoption of Ordinance No. 979, which amends Chapter 6 of the Code of Ordinances regarding Temporary Signs

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 979, which amends Chapter 6 of the Code of Ordinances regarding Temporary Signs.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

I. Consideration of adoption of Ordinance No. 980, which amends Chapter 6 of the Code of Ordinances regarding Political and Expressive Signs

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to adopt Ordinance No. 980, which amends Chapter 6 of the Code of Ordinances regarding Political and Expressive Signs, that the Ordinance be signed by the Mayor and City Clerk.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 9:07 p.m.

Mayor Pro Tem Covey assumed the Chair.

J. Consideration of adoption of Ordinance No. 981, which amends Chapter 11 of the Code of Ordinances regarding the Library Board

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to adopt Ordinance No. 981, which amends Chapter 11 of the Code of Ordinances regarding the Library Board.

AYES: G,L,W;MTC

NAYS: None

ABSENT: MP

MOTION CARRIED

Consent Agenda Item B- Approval of contract with DVS Vending, Inc., to place vending machines in the Library and authorization for the Mayor and City Clerk to sign contract, as submitted by City Librarian.

Mayor Porter returned to Council Chambers at 9:11 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to approve the contract with DVS Vending, Inc., to place vending machines in the Library and authorization for the Mayor and City Clerk to sign contract with the following language added to Paragraph 4, Page 2, at the end of the paragraph, "The City may terminate this agreement within three day written notice to DVS Vending, Inc.," as submitted by City Librarian.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

Call to Council

XXX. City Manager Barwin announced that there will be questions on the August 3, 2004, Primary Ballot requesting permission to sell land and that developers who are interested in developing the land in questions will make presentations on Monday, July 26, 2004, in front of City Council. He also commented about the recent School Board Election.

XXX. City Clerk Pedro announced that Precinct 14's Polling Location has been permanently moved to Ferndale Activity Center, at Martin Road Park, 1615 E. Lewiston and that the Polling Location for Precinct 11, Jardon Vocational Center, will be temporarily moved to Precinct 15's Polling Location at Edison School, 1700 Shevlin, for only the Primary, August 3, 2004, Election.

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to move on a temporary basis, Precinct 11 from Jardon to Edison School at 1700 Shevlin for the August 3, 2004, Primary Election.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Councilman Lennon requested that Mr. Nix, from Hazel Park Schools, to provide an update on the district activities at the first Council meeting in August, 2004. He also apologize for not keeping the Parks and Recreation Commission abreast on the request regarding making land on West Oakridge park land. Councilman Lennon encouraged residents to apply for various boards and commissions.

XXX. Councilman Covey commented on the importance of volunteers. He requested that Councilman Lennon and himself swap positions as Council Representatives on the Employees Pension Board and Board of Zoning Appeals to placed be on the Council meeting on the next Regular Council Meeting on July 26, 2004. Councilman Covey also announced that "I Love Ferndale" stickers were available at City Hall and that the 8th Annual Pub Crawl would be held on Friday, July 30, 2004. He also asked the City Manager to contact Tom Pearlman and inquired what the delays were in opening Soho’s and congratulated Howe’s Bayou on the opening of their patio.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to appoint Councilman Lennon and Councilman Covey to be Liaisons between the Ferndale Arts Commission and Downtown Development Authority.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Councilman Galloway requested that appointments to the Library Board and a presentation by the Friends of the Library to the Library be placed on the next Regular Council Meeting Agenda on July 26, 2004.

XXX. Moved by Councilwoman Weber, supported unanimously, to adopt the Condolence Resolution for former City Attorney Brian Smith.

ADOPTED UNANIMOUSLY

XXX. Moved by Mayor Porter, supported unanimously to adopt a Resolution opposing any date change for the Presidential Election.

ADOPTED UNANIMOUSLY

Mayor Porter adjourned the meeting at 9:43 p.m.

 

 

 

 

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Ferndale, Michigan  48220
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