City Council - July 26, 2004

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, JULY 26, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, July 26, 2004, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Galloway called the meeting to order at 7:31 p.m.

Mayor Pro Tem Galloway led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Lennon, Weber; Mayor Pro Tem Galloway. Absent: Councilman Covey and Mayor Porter.

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to adopt the following Resolution:

Section 10 of Chapter III of the Charter of the City of Ferndale, Oakland County, Michigan provides that absence from five consecutive Regular meetings of the City Council shall automatically operate to vacate the seat of the member of the Council unless the absence is excused by Resolution setting forth such excuse and entered upon the journal; and

Councilman Craig Covey and Mayor Robert Porter had cause for their absence from the Regular Council Meeting of July 26, 2004.

THEREFORE BE IT RESOLVED that Councilman Craig Covey and Mayor Robert Porter be excused from the Regular Council Meeting of July 26, 2004, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

AYES: L,W,MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Mayor Pro Tem Galloway requested that the presentation by the Youth Delegate on NLC Conference held December, 2003, be postponed to the next Regular Council Meeting.

XXX. Chuck Simon, member of the Beautification Commission, and Mayor Pro Tem Galloway presented July, 2004 Beautification Awards.

XXX. Ed Burns and Mayor Pro Tem Galloway, members of Friends of the Library, made a check presentation to Mary Trenner, City Librarian, in the amount of $650.00 to help purchase items for the summer reading program.

XXX. Dave Leonard, Chairman of the Ferndale Chamber of Commerce, provided information regarding upcoming activities.

1. Dawn Ptaszynski questioned Council’s position on a racino in Hazel Park and inquired if the City Manager had submitted resumes in other communities.

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

3. Jean Davis, Chair of the Arts and Cultural Commission, announced that the annual Art Fair would be held on August 7 and 8, 2004, at Geary Park and that volunteers were still needed for the event. She announced that the Commission’s hotline number was 248-988-1310.

4. Doug Davis, Co-Chair of the Arts and Cultural Commission, announced that the next poetry readings would be held on September 18 and October 23, 2004.

5. Paul Wilmoth expressed concern regarding recent budget cuts.

6. Nancy Goedert indicated support for a mixed used development on West Troy and requested that a one-story residence be developed, omitting stairs.

7. Brent Tenney indicated support for a mixed used development on West Troy.

8. Karla Voight expressed concern regarding traffic issues on Allen if a mixed used development was created on West Troy. She requested that Agenda Items have abbreviations spelled out, so that the public was fully informed.

9. Heather Karmona, Woodward Avenue Action Association (WAAA), requested Council consider that Ferndale retain membership in WAAA.

Councilman Lennon left Council Chambers at 9:08 p.m.

Councilman Lennon returned to Council Chambers at 9:11 p.m.

XXX. It was the consensus of Council that Consent Agenda Item 9G be considered after the Regular Agenda.

Moved by Councilwoman Weber, seconded by Councilman Lennon, to approve the amended Consent Agenda as follows:

A. Authorization of payment to Oakway Hazardous Materials Team for annual fee, as submitted by Fire Chief.

B. Approval of Emergency Response Vehicle Interlocal Agreement, to designate the Fire Chief as authorized representative, as set forth in Section 3.4, and authorization for the Mayor and City Clerk to sign Agreement, as submitted by Fire Chief.

C. Approval of the Special Event Application from Ferndale Laboratories, Inc., for a Company Picnic on Saturday, September 11, 2004, at Garbutt Park, as submitted by City Clerk.

D. Approval to issue a Pawnbroker’s License to be located at 771 E. Eight Mile Road, to be held by Steven Ruzumna and Edward Ruzumna, d.b.a. Cash Your Check Plus, Inc., and approval of the two bonds, as submitted by City Clerk.

E1. Adoption of Resolution approving Ferndale Chamber of Commerce request for obtaining a charitable gaming license, as submitted by City Manager.

E2. Approval of License Agreement with Jim Koeppen to pave the public alley behind 483 and 493 West Cambourne and 582 and 594 West Breckenridge, and authorization for the Mayor and City Clerk to sign Agreement, as submitted by DPW Director.

F. Approval to purchase Ford Tauruses for the Police Department from Gorno Ford through the State Purchase Program, as submitted by DPW Director.

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

H. Approval of Contract with Community Services of Oakland for Community Development Block Grant Program 2004, and authorization for the Mayor and City Clerk to sign Contract, as submitted by CDS Director.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to approve the 2004 street and parking lot closures and traffic detours for the 2004 Ferndale Car Show, August 20 through 12:01 a.m., on August 22, 2004, as outlined in the information attached and submitted by Dream Cruise Committee.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to deny the rezoning application for the properties located at 138-210 Stratford, 215 Livernois, 1100 W. Eight Mile Road, 1140 W. Eight Mile Road and the vacant City-owned property, Sidwell numbers 25-33-482-023, 022, 021,020, 019, 25-33-482-036, 25-33-482-042, 25-33-482-053, 25-33-482-039, 25-33-482-052 from C-5 (Non-Manufacturing Business Service District), RO-2 (Restricted Office District) and R-1B (Single Family Residential to C-3 (General Commercial District).

AYES: MTG

NAYS: W,L

ABSENT: C,MP

MOTION FAILED

Moved by Councilwoman Weber, seconded by Councilman Lennon, to allow the applicant to withdraw the rezoning request.

AYES: L,W;MTG

NAYS None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to lift the parking restriction on eastbound West Marshall, between Central and the first residential property west of the Ferndale Middle School driveway, as indicated by the Police Department.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to approve signage waiver for the Ferndale Art Fair, contingent upon DPW’s review.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to table both Regular Agenda Item E, (Consideration of request from Ferndale for Instant Runoff Voting to place Charter Amendment on November, 2004 Election Ballot) and Regular Agenda Item F, (Consideration of DRAFT ballot language for Headlee Amendment Override) to the next Regular Council Meeting.

AYES: W,L,MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to table consideration the METRO Act Unilateral Right-of-Way Telecommunications Application and Permit with AT & T until the City Attorney and Administration has time to review the consideration and to have this item returned to Council no later than the second Regular Meeting in August, 2004.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to approve the Amendment to Contract for Solid Waste and Recycling Service.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to approve the Tentative Agreement with Police Command.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to appoint Kevin Deegan-Krause and Ed Burns to the Library Board for four-year terms, expiring June 30, 2008.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to reassign Councilman Covey to the Employees Pension Board and Councilman Lennon to the Board of Zoning Appeals.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to table the Resolution supporting a Constitutional Amendment to the Michigan Constitution of 1963, providing for the imposition of the death penalty in cases involving conviction for first-degree murder of a law enforcement officer to the next Regular Council Meeting.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to object to the SEMCOG 2030 Regional Plan.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to approve the contract with HAVEN, Inc., for Community Development Block Grant Program Year 2004, and authorized the Mayor and City Clerk to sign Contract, as submitted by CDS Director.

AYES: W,L;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to schedule a Special Land Use Public Hearing for Mobil Gas Station, 22500 Woodward, to be held at the August 9, 2004 Council Meeting.

AYES: L,W;MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. City Manager Barwin announced that the 8th Annual Pub Crawl will be held on Friday, July 30, 2004, starting at Boogie Fever, 22901 Woodward, with proceeds benefiting the Ferndale Community Foundation, Ferndale Police Auxiliary and Midwest A.I.D.S. Prevention Project (M.A.P.P.).

XXX. City Clerk Pedro encouraged voters to vote on Tuesday, August 3, 2004, and that the polls would be open from 7:00 a.m. to 8:00 p.m. She announced that the entire ballot is on the website and can be printed out. City Clerk Pedro also reminded voters that those that vote in Precinct 11, Jardon Vocational Education Center, 2200 Woodward Heights had temporarily moved to Edison School, 1700 Shevlin, for this Election only and Precinct 14, had permanently moved from Christian Community Church, 1320 Camden, to Ferndale Activity Center, 1615 E. Lewiston, at Martin Road Park. She also announced that a precinct and polling location street guide was available on the web to allow people to find their voting location.

XXX. Councilman Lennon announced that applications had been received for the citizen position for the Regional Fire/EMS Services Committee. He requested that appointment(s) to the Police and Fire Board be on the next Regular Council Meeting Agenda. Councilman Lennon also requested and encouraged residents to expressed their opinion to him regarding having a special millage to help fund Police and Fire Services. He thanked the Arts and Cultural Commission for all their hard work.

XXX. Moved by Councilman Lennon, supported unanimously, to adopt the Arts and Cultural Commission Resolution.

AYES: W,L,MTG

NAYS: None

ABSENT: C,MP

MOTION CARRIED

XXX. Councilwoman Weber encouraged voters to vote at the Tuesday, August 3, 2004 Primary Election and commented on the flyer she had received at her house regarding the three land proposals on the ballot.

XXX. Mayor Pro Tem Galloway encouraged people to vote on Tuesday, August 3, 2004.

Mayor Pro Tem Galloway adjourned the meeting at 10:37 p.m.