City Council - September 13, 2004

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, SEPTEMBER 13, 2004, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, September 13, 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. Mayor Porter asked for a moment of silence for the victims of 9/11, as this was the first Council Meeting after the anniversary of the tragedy.

XXX. Stephanie Hall, Public Relations Director of Ferndale Public Schools, made a presentation and provided an update on activities throughout Ferndale Public Schools, including that the Homecoming Game would be held on Friday, October 1, 2004, and provided information on the bond issue, which was on the Special School Election ballot of Tuesday, September 21, 2004.

Mayor Porter announced that there would be an essay contest under the Mayor Archer Endowment Fund for a student to attend the upcoming NLC Conference and provided forms to Ms. Hall to distribute.

XXX. Mayor Porter opened the Public Hearing at 7:49 p.m. Matthew Dosmann, co-owner of The Renaissance Fencing Club, had comments. Mayor Porter closed the Public Hearing at 7:50 p.m.

Moved by Councilman Covey, seconded by Councilman Lennon, to adopt the Special Land Use Resolution for 1365 Academy.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

1. Mary Tsouris, on behalf of Institute for Reflexology and Helena Salon, expressed concern regarding properties being sold on Hilton near the business and indicated objection to the sale.

2. Tom Trescott commented on IRV, which will be on the November, 2004 Ballot and announced that he was having an Open House at his home.

3. Thomas Gagne expressed concern regarding code violations in residential neighborhoods.

4. Beth Holland announced that America Dream Down Payment Initiative Program was a new program through Oakland County and would be available beginning October 8, 2004. She commented on Landlord/Rental issues.

5. Bill Axtell announced that the Ferndale Chamber of Commerce Annual Awards and Recognition Dinner would be held on November 9, 2004.

6. Thomas Gagne expressed concerns regarding speeding in his neighborhood.

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

8. David Coulter, Oakland County Commissioner, commented on the new American Dream Down Payment Initiative Program and the County’s Prescription Drug Program.

9. Brian Cooley, member of the Beautification Commission, indicated that the Commission was looking for nominations for Block Awards; was in need of volunteers for the Commission; was looking for volunteers for "Make a Difference Day" to be held on October 23, 2004; commented on the vandalism of a tree at Wilson Park that was planted this past Earth Day and encouraged support for the schools at the Special Election of Tuesday, September 21, 2004.

XXX. Councilman Covey and Larry Mills, photographer of the Pub Crawl, presented a check in the amount of $3,000.00 to the Ferndale Auxiliary Police and Councilman Covey announced that a $3,000.00 check would be presented to M.A.P.P.

Councilman Lennon left Council Chambers at 8:27 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Consent Agenda, as submitted:

A. Approval of the Minutes of the Special Meetings held March 22, April 5, April 14, April 19, April 26, May 3, May 24, 2004, and the Regular Meetings held March 22, April 12, April 26, May 10 and May 24, 2004, as submitted by City Clerk.

B. Approval of Special Event application from Detroit Artists Market for Detroit Art Parade to be held Sunday, September 26, 2004, from 12:00 Noon - 4:00 p.m., on the east sidewalk of Woodward from Eight Mile Road to Nine Mile Road, as submitted by City Clerk.

C. Approval of Special Event application from Ferndale Area Churches CROP Walk, to be held on Sunday, October 10, 2004, throughout Ferndale from 2:00 - 6:00 p.m., as submitted by City Clerk.

D. Approval to purchase copier from Albin Business Centers through Tri-County Purchasing Cooperative, as submitted by DPW Director.

E. Approval of the contract with SMART for the Specialized Services Operating Assistance Program Third-Party Contract for the period beginning July 1, 2004 through June 30, 2005, and authorization for the Mayor and City Clerk to sign the Contract, as submitted by Recreation Director.

F. Receive the Police Department Report for July, 2004.

G. 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,W,C;MP

NAYS: None

ABSENT: L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:30 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the proposed Ordinance, repealing Chapter 11 of the Code of Ordinances regarding the Library.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway to adopt a Resolution of Appreciation for members of the current Library Board.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to appoint David Coulter, Kevin Deegan-Krause, Darlene Johnson-Bignotti, Mary Ann Neal, Kevin Seawell and Ken Miller, as appointments to the new Ferndale Act 164 Library Board.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to appoint Mayor Porter as Voting Delegate and Councilman Galloway as Alternate Voting Delegate for the National League of Cities Conference to be held November 30 through December 4, 2004.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

Councilman Covey left Council Chambers at 9:14 p.m.

Councilman Covey returned to Council Chambers at 9:18 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt Ordinance No. 983, an amendment to the Zoning Ordinance, regarding rezoning southernmost 180 feet of Garbutt Park from R-1B District to C-5 District.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to establish the Procedure for Citizens to request Traffic Control Device Changes and Parking Restrictions.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:58 p.m.

Councilman Lennon returned to Council Chambers at 10:01 p.m.

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to amend the Credit Card Resolution to require a 3% convenience fee.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to refer the Massage Ordinance to the Ordinance Committee for review and recommendation.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 10:08 p.m.

Mayor Pro Tem Covey assumed the Chair.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to approve the Emergency Sewer Project.

AYES: L,W,G;MTC

NAYS: None

ABSENT: MP

MOTION CARRIED

Mayor Porter returned to Council Chambers at 10:14 p.m.

XXX. Moved by Councilwoman Weber, seconded by Councilman Lennon, to authorize purchase of property located at 906 Emwill from Oakland County.

AYES: W,C,G,L;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Draft Liquor Policy to be circulated to various departments with the request that input be returned within 60 days.

AYES: None

NAYS: C,G,L,W;MP

MOTION FAILED

Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Draft Liquor Policy to be circulated to various departments with the request that input be returned within 30 days.

AYES: G,L,W,C;MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to table the Checker Taxi Cab Application to the next Regular Council Meeting scheduled to be held Monday, September 27, 2004.

AYES: L,W,C,G;MP

NAYS: None

MOTION CARRIED

10. Marsha Mellert, Recreation Director, announced that the Recreation Fall Newsletter was mailed recently and provided information on activities of the department.

XXX. Fire Captain Schmidt announced that Patrick Sheehan was seriously injured in a motorcycle accident.

XXX. City Manager Barwin announced that the ban on assault weapons expired today; SMART buses now had bicycle racks on the bus that could transport bicycles and that on Monday, September 20, 2004, the Transit Riders United (TRU) would hold a meeting at Wayne State University beginning at 9:00 a.m.

XXX. City Clerk Pedro reminded residents that the last day to register to vote to be eligible for the November, 2004 Election was Monday, October 4, 2004.

XXX. Mayor Porter proclaimed Sunday, October 10, 2004, as Crop Walk Day in the City of Ferndale.

XXX. Mayor Porter proclaimed October as Dyslexia Awareness Month in the City of Ferndale.

XXX. Moved by Councilwoman Weber, supported unanimously, to request the City Clerk to contact Representative Meisner to communicate Council’s concerns regarding Revenue Sharing cuts.

ADOPTED UNANIMOUSLY

XXX. Councilwoman Weber commented about the informational meeting on Tuesday, September 21, 2004, regarding the creation of a Lion’s Club in the City of Ferndale and Pleasant Ridge at the Pleasant Ridge Community Center. She encouraged those who live in the Ferndale School District boundaries to vote on Tuesday, September 21, 2004, regarding the bond issue.

XXX. Councilman Lennon sent his best wishes to injured Firefighter Pat Sheehan’s family. He commented on concerns that people have raised regarding the cancellation of baseball in the City of Ferndale. Councilman Lennon announced that The Ferndale Varsity Club (previously known as The Ferndale Alumni Network) and the David Lennon Foundation will hold their 1st Annual Golf outing on Saturday, October 9, 2004, at Cedar Glen Golf Course.

He requested that items be placed on the next Regular Council Meeting Agenda for an appointment to the Civil Service Board and also to the Citizen Budget Review Committee.

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Robert LeGrand, 1406 E. Cambourne, to the Parks and Recreation Advisory Board.

AYES: C,G,L,W;MP

NAYS: None

MOTION CARRIED

XXX. Councilman Covey announced that this weekend is the Funky Art Fair sponsored by the Downtown Development Authority, including a Ferndale Fashion Phenomenon that will benefit various charities to be held at Q Nightclub. He commented on a letter from Habermann Productions written to the Liquor Control Commission in opposition of the transfer of a liquor license to the White Heather Club and marquee language at the Magic Bag Theater during the Woodward Dream Cruise. Councilman Covey also commented on the creation of the Red Hat Society in Ferndale; announced that handicapped individuals could now bowl on Tuesdays and Thursdays at Luxury Lanes and that this Sunday is the A.I.D.S. walk in Downtown Royal Oak.

XXX. Mayor Porter commented on a Planning and Zoning News article; announced that Ferndale received a $155,000.00 Federal Transportation Enhancement Grant to landscape the intersection of Woodward and Nine Mile Road; thanked the World Of Life Tabernacle on their September 11 Ceremony and for asking him to speak and that Dick Purtan was inducted into the Radio Hall of Fame, Class of 2004.

Mayor Porter adjourned the meeting at 11:03 p.m.