City Council - August 9, 2004

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, AUGUST 9, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, August 9, 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.

XXX. Robert Wrasse made a presentation based on his experience at the December, 2003 NLC Conference. Joanne Wrasse thanked Council for the opportunity for her and her son to attend the Conference. Mayor Porter thanked businesses that sponsored the Youth Delegate.

XXX. Fred Nix, Hazel Park Public Schools, provided information on the activities throughout Hazel Park Public Schools. He also provided the history of the relationship between Hazel Park Schools and the City of Ferndale.

XXX. Fire Chief LeGault presented a video, which highlighted two incidents that were hands-on exercises showing what public safety officers contend with when faced with different hazardous scenarios.

XXX. Mayor Porter opened the Public Hearing at 8:26 p.m. Ahmed Ftouni had comments and indicated support for the Special Land Use Amendment. Mayor Porter closed the Public Hearing at 8:27 p.m.

Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the attached Resolution approving the amendment to the special land use as requested by Michael Ftouni and the Oscar Larson Company for altered signage to be placed on the canopy at Ferndale Mobil, 22500 Woodward Avenue.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

1. Jean Davis, Chair of the Arts and Cultural Commission, commented on the successful Art Fair held this past weekend. She thanked Commission Members, volunteers, and Council Members who volunteered their time working at the Fair.

2. Doug Davis, Vice-Chair of the Arts and Cultural Commission, complemented Jean Davis on her hard work in organizing the Fair.

3. James Miller commented that both Hazel Park and Ferndale communities should work together and invited residents of both communities to a block party being held on Friday, September 17, 2004, at 429 W. Bernhard, Hazel Park.

4. Carla Voight commented on choosing a developer for the West Troy project and how important the development could be to the City’s future.

5. Dawn Ptazsynski inquired if the City was involved with a lawsuit with SEMCOG.

6. Brian Cooley expressed concern on the trimming of Oak and Elm trees in Ferndale by DTE Energy and the potential spread of diseases in trees because of the trimming.

7. Joe Mahan thanked those who attended the Flag Raising Ceremony at the Memorial Garden at Geary Park. He encouraged Ferndale School District residents to vote on Tuesday, September 21, 2004, regarding a school bond. Mr. Mahan announced that on Friday, August 27, 2004, at 10:00 a.m., Ferndale School’s Superintendent, Gary Meier, will present information on the bond issue at the Kulick Community Center.

XXX. It was the consensus of Council that Consent Agenda Item 8B 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 Special Event Application from The Word of Life Tabernacle to hold a Community Picnic on Saturday, August 28, 2004, from 12:00 Noon to 8:00 p.m., at Wilson Park, as submitted by City Clerk.

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

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

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to appointment Darlene Johnson-Bignotti, 344 Pearson, and Kristin Cameron, 1667 Pearson, to the Police and Fire Board, for terms expiring May, 2005.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, to fill the vacant position of PW-2 in the Water Department in Department of Public Works through promotional testing and grant permission to fill the PW-1 position to replace the

PW-3 recently vacated through retirement, as outlined in the correspondence through the DPW Director.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to table this Agenda Item definitely to the next Regular Council Meeting of August 23, 2004.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to adopt 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.

AYES: L,C;MP

NAYS: G,W

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the METRO Act unilateral right-of-way telecommunications permit with AT&T for an installation at the four railroad crossings - Hilton Road, Nine Mile Road, Cambourne Road and Woodward Heights, and to authorize the Mayor to sign the agreement.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 9:32 p.m.

Mayor Pro Tem Covey assumed the Chair.

Mayor Porter returned to Council Chambers at 9:33 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to Call the Question.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

Moved by Councilman Galloway, seconded by Councilwoman Weber, to adopt the First Resolution prepared by the City Attorney for the placement on the ballot of a Charter Amendment regarding Instant for Instant Runoff Voting for both Mayor and City Council to be place as a Charter Amendment on November, 2004 Election Ballot.

AYES: C,G,W

NAYS: L;MP

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, that Council adopt 1 mill levy in creation of a Library District for the City of Ferndale, contingent upon drafting and passage of a formal Resolution at the next Regular Council Meeting adopting the same and appointment of initial Library Board, pursuant to State Law, MCL 397.201; 397.210a; and 397.211.

AYES: G,L,W;MP

NAYS: C

MOTION CARRIED

2. Headlee Amendment Override

XXX. Council took no action on this Agenda Item.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to place proposed ballot language regarding Employees Retirement System with corrected scribner language that was presented at the meeting by the City Attorney.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to table discussion of Regular Agenda Item 9I (Discussion of Police and Fire Services) indefinitely.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Lennon, table Regular Agenda Item 9J (Consideration of deeding vacated portion of Rosewood Avenue to property at 603 Vester) indefinitely.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to table Regular Item 9K (Discussion of existing Credit Card Policy) to the second Regular Council Meeting in August.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to receive the Police Department Report for June, 2004.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. City Manager Barwin reminded residents that it’s West Nile Virus season and that the DPW is continuing to implement the program that Council had approved a few years ago for testing for mosquitoes. He thanked the voters who voted to sell the lots on West Troy. City Manager Barwin announced that the City had received grants to begin to improve the Nine Mile Road and Woodward median. He also announced that the City was interested in building a "Crow’s Nest" at the intersection and requested photographs of how the "Crow’s Nest" looked years ago.

XXX. Moved by Councilwoman Weber, supported unanimously, to adopt a Resolution of Congratulations to Judge Rudy Serra, a former Ferndale resident on becoming a Judge at the 36th District Court.

ADOPTED UNANIMOUSLY

XXX. Councilwoman Weber commented on her experience on a recent trip to Nova Scotia.

XXX. Councilman Galloway commented on the swearing-in ceremony of Judge Rudy Serra at the 36th District Court. He also commented on the Ferndale Art Fair held the past weekend.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to adopt the Resolution to discourage the pruning of Oak and Elm Trees and have this item referred to the Ordinance Committee.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Councilman Lennon commented on the Ferndale Art Fair and the Pub Crawl and thanked the Committees of both events for all their hard work. Councilman Lennon announced that he was disappointed on the low turnout for the August 3, 2004 Primary Election. He also announced that Fire Chief LeGault would be a good source on how the "Crow’s Nest " looked like.

XXX. Councilman Covey commented on the low voter turnout at the August 3, 2004 Primary Election. Councilman Covey announced that the Ferndale Community Foundation was donated a home of a gentleman who had since moved to an assisted living facility and that all the proceeds of the sale of the home will go to the Foundation. The Foundation will be hosting a one-day yard sale at the home at 360 W. Hazelhurst on Saturday, August 14, 2004, at 9:00 a.m. to 4:00 p.m. Councilman Covey commented on the Pub Crawl and thanked those who attended, the Volunteer Committee for the Pub Crawl and the Ferndale’s Police Bicycle Patrol and Auxiliary. He also announced that a full report on the Pub Crawl will be at a future Council Meeting. He congratulated County Commission David Coulter for winning the Democratic Primary Bid and Mary Ellen Brennan for Judge and praised the Art Fair Committee for all their hard work.

XXX. Mayor Porter encouraged voters to come out and vote for the November 2, 2004 Presidential Election and congratulated those that won their Primary Races on August 3, 2004. He requested that appointment to the Beautification Commission for Jackie Koivu be on the next Regular Council Agenda.

Mayor Porter adjourned the meeting at 11:00 p.m.