City Council - March 16, 2005

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
WEDNESDAY, MARCH 16, 2005, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Wednesday, March 16, 2005, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:39 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. Liz Kannon, Ferndale Public Schools Outreach Committee, provided an update on activities throughout Ferndale Public Schools.

XXX. No representative was present from Hazel Park Public Schools.

1. Jackie Koivu, Chairperson of the Ferndale Youth Assistance, provided information regarding their activities.

2. Ed Burns, President of the Friends of the Ferndale Library, announced that they were sponsoring a raffle of a gift basket for children 10 years old and younger. He indicated that each time that the children borrowed books from the Library, their name would be entered into the raffle that would be drawn on March 28, 2005.

3. Allison Pasarew, Vice-Chair of the Arts and Cultural Commission, expressed that there was a need for new Commission Members and Volunteers. She thanked the Council for the help they have provided and indicated the Commission would do more for the community. Ms. Pasarew announced that the Commission’s e-mail address was ferndalearts@hotmail.com or that the Commission can also be reached by calling the Kulick Community Center at (248) 544-6767. She also announced that the Commission’s next meeting would be held at the Kulick Community Center on March 29, 2005, at 6:30 p.m.

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

A. Approval of Small Winemaker’s License for Angel’s Cafe located at 214 W. Nine Mile Road, as submitted by Police Chief.

B. Approval of the bid from Lanier for photocopier with Service Agreement, as submitted by Acting Fire Chief.

C. Approval of extension of sick leave for Public Works - Grade 3 in the Water Department, as submitted by DPW Director.

D. Approval to schedule a Public Hearing on Monday, April 11, 2005, at 7:30 p.m., for Drinking Fund Water Revolving Fund Project by the MDEQ, as submitted by DPW Director.

E. Second Annual Combined Ferndale Fine Art Show and Food Festival – Saturday, September 17 and Sunday, September 18, 2005

1. Approval to hold second Ferndale Fine Art Show and Food Festival

2. Approval to close street for the event

3. Approval to use Department of Public Works and the Police Department services

4. Approval to apply for Temporary Authorization for Liquor License

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

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to reappoint Ken Miller, 1949 Hyland, to the Arts and Cultural Commission for a two-year term, expiring December 31, 2006.

AYES: G, L, W, C; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Covey, to confirm the Mayoral appointment of David Tobar to the Brownfield Redevelopment Authority Board for a term of three years, expiring December 12, 2007.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Weber, to confirm the Mayoral appointment of Steven M. Kuzmanovich, 2037 Livernois, to the Civil Service Board for a term expiring December 31, 2006.

AYES: W, C, G, L; MP

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 8:11 p.m.

Councilman Lennon returned to Council Chambers at 8:12 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to establish the Fiscal Review Advisory Committee and that said Committee be made up of not less than seven citizens appointed by City Council with an annual sunset date review to be two years from the time seven or more seats have been filled; the Fiscal Review Advisory Committee shall review City services, operations, and costs, to develop recommendations for adjusting municipal operations and to consider cost savings and revenue enhancements and to make recommendations for the Fiscal Year Ending 2007 Budget, prior to the Council’s Budget discussions.

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Mayor Porter, supported unanimously, to adopt the Resolution of Appreciation for Tom Swieboda.

ADOPTED UNANIMOUSLY

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to approve the hiring of a Police Officer to replace Officer Hadfield who resigned as March 3, 2005.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to authorize the Police Department to begin the testing process again if the current hiring list is depleted with the hiring that have already been approved.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 8:27 p.m.

Mayor Pro Tem Covey assumed the Chair.

Councilman Lennon left Council Chambers at 8:28 p.m.

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

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to adopt the one-time fee adjustment for 2005 Dog Licenses issued during Rabies Vaccination Clinic with the Michigan Humane Society to be held on April 9, 2005, from 10:00 a.m. to 2:00 p.m., at the Hazel Park DPW to adopt the fee scheduled as noted in the March 8, 2005 correspondence from the Animal Control Officer.

AYES: W, G, L; MTC

NAYS: None

ABSENT: MP

MOTION CARRIED

Mayor Porter returned to Council Chambers at 8:31 p.m.

Councilman Covey left Council Chambers at 8:33 p.m.

Councilman Covey returned to Council Chambers at 8:34 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to authorize City staff to market the Academy Street property through legal advertising and sign placement on the property and to market South Livernois properties through Kevin George of Friedman & Associates per the attached Agreement, with the following modifications: that the Exclusive Listing Agreement for 205 Livernois and 235 Livernois be set to expire June 15, 2005, and that Paragraph 12 of both Agreements be modified to indicate that the sale listing price shall be the dollar amount as stated and then add the following language: "... and that the City Council reserves to itself the authority to accept or decline offers based not solely on price, but also consideration whether the development is suitable and otherwise benefits the City in its plans for development."

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Monday, March 28, 2005, at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses for Pronto, 344 West Nine Mile Road and 1810 Planavon, and that the City Attorney’s Office prepare and have served appropriate legal notice of the scheduled Hearing to the above-listed establishment which is delinquent in paying its taxes that were due on March 1, 2005, according to the Assessor/Treasurer’s report as of Noon on March 10, 2005.

AYES: G, L, W, C; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Covey, seconded by Councilman Galloway, to clarify that it is Council’s intent that the wage increase for Police Chief Kitchen given at the Special Council Meeting of January 25, 2005, and the wage increase for City Manager Barwin given at the Special Meeting on January 26, 2005, shall be effective July 1, 2005 through June 30, 2006, consistent with the City’s Fiscal Year.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Acting Fire Chief Schmidt announced that Severe Weather Awareness Week would be held March 20 - 26, 2005. He indicated that a special tornado siren test would be held on March 22, 2005, at 10:30 a.m., in conjunction with Severe Weather Awareness Week. Acting Fire Chief Schmidt also announced that Fire Inspector Batten was working with Ferndale School Superintendent Gary Meier to have the Fire Department’s Safety Trailer at the elementary schools during the week of April 11, 2005, and also at the Kulick Community Center’s Open House on April 2, 2005. Councilman Covey inquired if Acting Fire Chief Schmidt had received his pay adjustment and Councilman Lennon requested that confirmation of the position of Fire Chief and the benefits for that position be placed on the next Regular Council Meeting Agenda.

XXX. Moved by Councilman Covey, seconded by Councilwoman Weber, to adopt the Resolution opposing the elimination of Community Development Block Grant (CDBG).

AYES: W, C, G, L; MP

NAYS: None

MOTION CARRIED

XXX. City Attorney Christ announced that the Troy/Allen Development Agreement had been executed by Mr. Larson on behalf of the Larson Group and the deposit was deposited with the title company in the amount of $100,000.00.

XXX. Councilman Covey congratulated Police Chief Kitchen on his 30th Wedding Anniversary. He also congratulated Kristen and Donal Cameron on the birth of their son Liam Ford Cameron who was born on February 28, 2005. Councilman Covey announced that SoHo sponsored a fundraiser for Tsunami victims that had raised $320.00. He commented that the Parks and Recreation Advisory Board was meeting this evening was considering the potential name change of Mapledale Park to Lennon Park. Councilman Covey requested that a presentation be placed on the April 11, 2005 Regular Council Agenda to present funds that were raised during the annual "Blues Festival" that was held in February to the various organizations. He indicated that the City of Royal Oak was interested in having a Pub Crawl and requested input from the Ferndale Pub Crawl Committee. He indicated that the calendar event that was held at Boogie Fever in June, 2004, had raised over $4,000.00 for Thin Blue Line and My Cops Police Charities.

Mayor Porter stepped away from his seat at 9:37 p.m.

Mayor Pro Tem Covey assumed the Chair.

XXX. Councilman Lennon welcomed home Ferndale Police Officer Vincent Palazzolo and resident Todd Dery who had both served in Iraq. He announced that he and CDS Director Scheer would be speaking at the Chamber of Commerce Meeting on March 17, 2005, regarding incentives to bring industrial businesses to the City of Ferndale. Councilman Lennon requested that the City Manager Barwin learn what was the intention of the Larson Group in regards to using Union or Non-Union workers for the Troy/Allen Development. He requested that Appointments to the Fiscal Review Advisory Committee be placed on the next Regular Council Agenda. Councilman Lennon also requested that the City Manager provide Council with the status of Non-Union Employees contracts. He wished everyone a "Happy St. Patrick’s Day".

Mayor Porter returned to his seat at 9:39 p.m..

XXX. Councilwoman Weber announced that she would be representing the City of Ferndale next week at the Michigan Municipal League Legislative Conference. She indicated that she would attend a seminar at the Conference that dealt with community surveys. Councilwoman Weber also indicated that this weekend was the 2nd Anniversary of the beginning of the Iraq War and commented on the different events that would be held in conjunction with the anniversary date.

XXX. Councilman Galloway announced that he attended Buffalo Wild Wings’ Grand Opening that was held this past weekend. He also requested that appointments to the Fiscal Review Advisory Committee and to the Parks and Recreation Board to be placed on the next Regular Council Agenda.

XXX. Moved by Mayor Porter, supported unanimously, to adopt the Resolution to support the commencement of negotiations of the elimination of nuclear weapons.

ADOPTED UNANIMOUSLY

XXX. Mayor Porter commented on his experience at the National League of Cities Conference. He requested that a framed certificates be given to individuals that have volunteered their time for the Dream Cruise.

Mayor Porter adjourned the meeting at 9:52 p.m.