City Council - April 11, 2005

PROPOSED MINUTES
FERNDALE CITY COUNCIL MEETING
MONDAY, APRIL 11, 2005, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Monday, April 11, 2005, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:35 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. Sharon Hawkins, Community Education Director of Hazel Park Schools, provided an update throughout Hazel Park Public Schools.

XXX. Councilman Covey thanked all those who were involved in the 2005 Blues Festival. He announced that over $11,000.00 was raised for charities. Councilman Covey presented the "Blue Pig Head Award" to Dino’s, which was the venue that had raised the most funds. Jackie Koivu presented the Silver Award to Rosie O’Grady’s. Monica Mills presented Club Bart "The Chairperson Choice Award".

XXX. Mike Wearing and Mike McDonald, from Hubbell, Roth, and Clark, made a presentation regarding the Drinking Water Revolving Fund Project Plan. Mayor Porter opened the Public Hearing at 8:48 p.m. Brian Cooley had questions and/or comments. Mayor Porter closed the Public Hearing at 8:52 p.m.

XXX. Mayor Porter opened the Public Hearing at 9:01 p.m. Lowell Rod indicated support of the Special Land Use. Mayor Porter closed the Public Hearing at 9:06 p.m.

Moved by Councilman Covey, seconded by Councilwoman Weber, that a Public Hearing was held and the Resolution approving the site plans and Special Land Use application submitted by The Terra Land Group for mixed used development be adopted.

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

PUBLIC HEARING Special Land Use for Sidwell No. 24-25-26-101-004, being the Parking Lot on Hilton near Brickley

XXX. Mayor Porter opened the Public Hearing at 9:08 p.m. Mary Tsouris indicated support of the Special Land Use. Steve Spizgel and Carol Spizgel expressed concern regarding the property line and the wall abutting their property. Mayor Porter closed the Public Hearing at 9:14 p.m.

Moved by Councilman Galloway, seconded by Councilman Covey, that a Public Hearing was held and the Resolution approving the site plans and Special Land Use application submitted by The Terra Land Group for mixed used development be adopted.

AYES: G, L, W, C; MP

NAYS: None

MOTION CARRIED

1. Jackie Koivu announced that on Wednesday, April 13, 2005, from 5:30 p.m. to 8:30 p.m., at Zion Lutheran Church, a Spaghetti Dinner and Silent Auction will be held. She also announced that the Ferndale Youth Assistance would hold their 26th Annual Youth Recognition Dinner on Thursday, April 28, 2005, at Ferndale High School. Ms. Koivu indicated that the Ferndale Youth Assistance Bowl-a-Thon will be held on May 21, 2005, from 1:00 p.m. to 4:00 p.m. She introduced Ms. Gina Schoolcraft, who is the new Ferndale Youth Assistance caseworker.

2. Stephanie Loveless reintroduced herself and commented about the good things in Ferndale.

3. Brian Cooley, member of the Ferndale Parks and Advisory, announced that the Board was working on the final draft of the 5-Year Parks and Recreation Master Plan. He indicated that the Plan would be presented to Council on April 25, 2005, at 6:00 p.m.; a copy for the public to view would be at the Library, beginning April 29, 2005; and that the Public Hearing and adoption of the Plan was scheduled for May 9, 2005. On behalf of the Beautification Commission Mr. Cooley also announced that Arbor Day was be on April 29, 2005, and that the City Park Clean-Up of Martin Road and Geary Parks would be held on Saturday, April 30, 2005, beginning at 9:00 a.m. He encouraged people to apply to become a member of the Beautification Commission. Mr. Cooley commented on the condition of the railroad tracks.

4. Paul Erickson, member of the Ferndale Community Foundation, provided an update of the Commission’s activities.

5. Douglas Campbell commented about Instant Runoff Voting and expressed concern regarding video terminal voting machines. He also commented about people voting on paper ballots and having high school civic classes count the ballots.

Councilman Galloway and Councilman Lennon left Council Chambers at 9:38 p.m.

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

A. Approval of the Special Event Application from Ferndale Elks for family picnic on Saturday, June 18, 2005, from 12 Noon to 10:00 p.m., at Martin Road Park, as submitted by City Clerk.

B. Memorial Day Parade - May 30, 2005, as submitted by City Manager.

1. Approval of observance of Memorial Day with annual parade

2. Approval of contribution to Ferndale Memorial Association

3. Approval of agreement with Ferndale Memorial Association and authorization for the Mayor to sign agreement

4. Adoption of Resolution authorizing City Clerk to apply to MDOT for permit

C. Approval to amend the Support Program Agreement with Siemens Building Technologies to provide maintenance and emergency care to HVAC system at the 43rd District Court Building and authorization for the Mayor and City Clerk to sign Agreement, as submitted by DPW Director.

D. Receive the Police Department Report for February, 2005.

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

Councilman Galloway returned to Council Chambers at 9:40 p.m.

AYES: W, C, G; MP

NAYS: None

ABSENT: L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 9:40 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Special Event Application from the Triangle Foundation for the Motor City Pride with the conditions set forth by the Special Event Committee and Fire Department and with the additional condition that all outstanding payments from last year’s event, along with the deposit in the amount of $2,500.00 be paid to the City no later than five working days prior to the event.

AYES: W, C, G, L; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Kelly LeRoux, 1637 Leroy, to the Fiscal Review Advisory Committee.

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

Moved by Councilwoman Weber, seconded by Councilman Covey, to appoint Kristin Cameron, 487 W. Troy, to the Fiscal Review Advisory Committee.

AYES: G, L, W, C; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, that the Resolution proclaiming April 29, 2005, as Arbor Day in the City of Ferndale be adopted.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilwoman Weber, seconded by Councilman Galloway, to authorize the Mayor to sign, on behalf of the City Council and the City of Ferndale itself, the Letter regarding "sunset" provisions of the PATRIOT Act and proposed SAFE Act and have the letter be sent to all of Ferndale elected representatives.

AYES: W, C, G; MP

NAYS: L

MOTION CARRIED

Councilman Lennon explained his negative vote by indicating that it was not his position to determine impact and issues regarding the Patriot Act.

XXX. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Exclusive Listing Agreement to market City-owned property on the northwest corner of Academy and Hilton Road with Friedman Real Estate Group.

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

Councilman Covey left Council Chambers at 10:11 p.m.

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to receive FYE 2006 Draft Budget to schedule the Public Hearing on Monday, April 25, 2005, at 7:30 p.m.

AYES: G, L, W; MP

NAYS: None

ABSENT: C

MOTION CARRIED

Councilman Covey returned to Council Chambers at 10:15 p.m.

XXX. Moved by Councilman Lennon, seconded by Councilman Galloway, to adopt the schedule as submitted to Council by the Finance Director as indicated for the particular dates of Tuesday, April 26, and Thursday, April 28, 2005, at 6:00 p.m. and, if necessary, Monday, May 2, and Wednesday, May 4, 2005 at 6:00 p.m. as alternate dates.

AYES: L, W, C, G; MP

NAYS: None

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilwoman Weber, to approve the Ferndale DDA to host its Thursdays on the Nine on June 16, July 21, and August 18, 2005, and that DPW close the southbound lane of Planavon from Nine Mile to the alley, beginning at 4:00 p.m.

AYES: W, C, G, L; MP

NAYS: None

MOTION CARRIED

XXX. Council took no action on this Agenda Item.

XXX. Moved by Councilman Lennon, seconded by Councilman Covey, to approve a 1% raise beginning January 1, 2005 through June 30, 2006 for the City Manager and Police Chief.

AYES: C, G, L, W; MP

NAYS: None

MOTION CARRIED

XXX. Police Chief Kitchen commented about Voice Over Internet Protocol (VOIP) which may or may not have 911 service. He indicated that if 911 service was available, it may not be enhanced to provide the emergency response dispatcher the address from where the call came from and any other vital information. Chief Kitchen provided questions to ask when considering purchase of this system.

XXX. Fire Inspector Batten announced that Firefighter Pat Sheehan had returned from his medical leave and thanked everyone that had supported him during that time. Councilman Covey thanked Fire Inspector Batten for checking bars and clubs making sure they were within their capacity limits.

XXX. City Manager Barwin commented about the unfortunate death of a young girl who was mauled to death by dogs in Hamtramck and requested the City Attorney to research the possibility of a dangerous dog ordinance. He also commented about the meeting he was involved in with the Elk’s Club. He announced that Michigan Department of Transportation had reversed their decision to allow Ferndale to recreate the Crow’s Nest at the intersection of Nine Mile and Woodward.

XXX. City Attorney Christ announced that the Ordinance Committee was working on several Ordinances that he hoped would be on the next Regular Council Meeting Agenda for Council’s consideration.

XXX. City Clerk Pedro announced that polling locations for the May 3, 2005 Election had changed for some voters. She indicated that people would vote at the same polling locations for all election and that there will no longer be separate school polling locations. City Clerk Pedro also announced that new I.D. cards were sent out in the beginning of April for those whose polling locations had changed. She provided the City Clerk’s Office phone number, (248) 546-2384, if anyone had questions.

XXX. Councilman Lennon requested that discussion be held regarding seat limit for the Fiscal Review Advisory Committee be placed on the next Regular Council Meeting Agenda and direct the City Manager to create guidelines for that Committee. He also indicated that the Community Development Services Director had announced that Code Enforcement would be stepped up this year to cite properties that were in violation of Ferndale’s Code of Ordinances.

XXX. Councilman Covey recognized Tom Pearlman for his donation in the amount of $2,000.00 worth of office furniture to the Courthouse. He also requested that a Resolution be placed on the next Regular Council Meeting Agenda to congratulate the New Way Bar for being in business for 70 years in the City of Ferndale and that the bar would have their 70th Anniversary Celebration May 4 - 7, 2005. Councilman Covey requested that three appointments to the Arts and Cultural Commission be placed for consideration on the next Regular Council Meeting Agenda.

XXX. Councilman Galloway requested that invitations be sent to members of the Fiscal Review Advisory Committee to request their attendance at the Budget Review Sessions that Council would be having in the near future. He indicated that he had received a letter who was concerned about the condition of the baseball diamond at Geary Park. Councilman Galloway commented about his experience at the ACLU, Oakland County Chapter Annual Dinner, where Ferndale was honored for its Resolution opposing provisions of the USA PATRIOT Act and related executive orders.

XXX. Councilwoman Weber commented about the upcoming Memorial Day Parade.

XXX. Moved by Councilwoman Weber, unanimously supported, to adopt a Condolence Resolution for Art Logan.

ADOPTED UNANIMOUSLY

XXX. Mayor Porter announced that Police Chief Kitchen would be the speaker at the Memorial Day Ceremony. He commented about the efforts of making the Courthouse ADA compliant.

Mayor Porter adjourned the meeting at 10:40 p.m.