City Council - February 13, 2006

A Regular Meeting of the Ferndale City Council was held Monday, February 13, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:40 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter. Absent: None.

51. Mayor Porter opened the Public Hearing at 7:43 p.m. There being no one who came forward to speak, Mayor Porter closed the Public Hearing at 7:43 p.m.

Moved by Councilman Lennon, seconded by Councilman Covey, to adopt the Resolution to vacate the alley located at 152 and 162 Wordsworth and 137 Channing.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

1. Jackie Koivu complimented Councilman Covey and Monica Mills on the successful Blues Festival. She announced that the Zion Lutheran Church Youth Group would hold their 7^th Annual Spaghetti Dinner and Silent Auction on February 15, 2006, at the Church.

2. Joe Mahan encouraged the Community to donate money to help Maggie Marcus travel to Africa on a mission trip and requested that Council look into the possibility of creating a Community Fund for these types of needs.

3. Mary Tsouris inquired about the status of bids regarding parking on Hilton Road and also inquired where she could view the proposed Zoning Map.

4. Mary Riegle expressed concern regarding noise from a Super Bowl Party in her neighborhood and the enforcement of the Noise Ordinance.

5. Bonnie Browarski indicated she was planning an April’s Fools Day Parade and inquired what she needed to do with the City to make it happen.

6. Garo Boyajian inquired about the status of the Troy/Allen Development.

7. Joe Mahan announced that March 13, 2006, was the deadline for contributions for Maggie Marcus’ mission trip and that donations should be directed to Ferndale High School.

53. It was the consensus of Council that Consent Agenda Items 5F, 5G, 5J, and 5L be considered after the Regular Agenda.

Moved by Councilman Galloway, seconded by Councilman Covey, to approve the amended Consent Agenda, as follows:

A. Approved the purchase, in the amount of $10,068.00, for tactical entry vests from C.M.P. Distributors, to be billed to Account# 101-301-977, Capital Outlay, as submitted by Police Chief.

B. Approved the emergency repairs, in the amount of $2,765.00, to the pedestrian doors at Fire Station No. 2 for energy conservation and security, to be billed to Account# 245-775, Public Improvements, as submitted by Fire Chief.

C. Approved the City Clerk to execute the State of Michigan Polling Place Accessibility Improvement Program Authorized Work Plan and Grant Agreement for Help America Vote Act for the Voting Access for Individuals with Disabilities (VOTE) Program, as submitted by City Clerk.

D. Approved the City Clerk to execute the State of Michigan Qualified Voter File Infrastructure Upgrade/HAVA Digitized Signature Project Grant Agreement, as submitted by City Clerk.

E. Approved to enter into Letter of Engagement with RMS Associates, LCC, for preparation of an RFP for network services and solicitation of said RFP, as submitted by City Manager.

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

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

H. Adopted the Resolution regarding securing an annual permit from Michigan Department of Transportation to work in its State right-of-way at Woodward and Eight Mile, as submitted by DPW Director.

I. Approved the quote in the amount of $3,700.00, from PS Pneumatic Pump and Service for small vehicle hoist in the DPW garage, to be billed to Account# 661-977, Vehicle and Equipment Fund, Capital, as submitted by DPW Director.

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

K. Approved the bid in the amount of $12,450.00, from Vintage Construction Co., for construction of a women’s locker room at the Police Station, to be billed to Account# 245-977, Public Improvement Fund, Capital, as submitted by DPW Director.

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

M. Approved the bills, payrolls (as certified by City Manager) and City Attorney expense statements submitted by Howard Shifman, P.C., and Hafeli, Staran, Hallahan, Christ & Dudek, P.C., to be paid subject to review by the Council Finance Committee.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

54. Moved by Councilman Galloway, seconded by Councilman Covey, that Council adopt the proposed Zoning Ordinance and Map, being Ordinance No. 1004, repealing Zoning Ordinance No. 525.

Councilman Lennon left Council Chambers at 8:56 p.m.

Councilman Lennon returned to Council Chambers at 9:00 p.m.

Councilwoman Gumbleton left Council Chambers at 9:01 p.m.

Councilwoman Gumbleton returned Council Chambers at 9:02 p.m.

Two residents indicated for the record that they never received notices regarding the proposed Zoning Ordinance.

Alan Soave indicated for the record that his property was already zoned non-conforming.

AMENDMENT

Moved by Councilman Lennon, seconded by Councilman Covey, to amend the main motion to except from the revised Zoning Ordinance Map, the property on East Troy, east of Bonner, on the north and the south side of the street from Bonner to Farrow, and approve the balance of the proposed Zoning Ordinance Map.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Galloway, seconded by Councilman Covey, that Council adopt the proposed Zoning Ordinance and Map, being Ordinance No. 1004, repealing Zoning Ordinance No. 525, except from the revised Zoning Ordinance Map, the property on East Troy, east of Bonner, on the north and the south side of the street from Bonner to Farrow.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 9:38 p.m.

Mayor Pro Tem Covey assumed the Chair.

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

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt Ordinance No. 1005, which adds Sections regarding Wireless Communication Facilities to the Ferndale Code of Ordinances.

AYES: Council Members Galloway, Gumbleton; Mayor Pro Tem Covey

NAYS: None

ABSENT: Councilman Lennon; Mayor Porter

MOTION CARRIED

56. Moved by Councilwoman Gumbleton, seconded by Councilman Galloway, to adopt Ordinance No. 1006, which adds Sections regarding Environmental Performance Standards to the Ferndale Code of Ordinances.

AYES: Council Members Gumbleton, Galloway; Mayor Pro Tem Covey

NAYS: None

ABSENT: Councilman Lennon; Mayor Porter

MOTION CARRIED

1. Arts and Cultural Commission

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

57. Moved by Councilman Galloway, seconded by Councilman Lennon, that Council reappoint Ralph Sherman, 2535 Bonner, Douglas Davis, 1607 Pinecrest, Helen Gienapp, 371 Channing, Rose Sherman, 2535 Bonner, John Premilovich, 474 University, and Susan Christin, 1281 W. Saratoga, to the Arts and Cultural Commission for terms ending December 31, 2007.

AYES: Council Members Lennon, Galloway, Gumbleton; Mayor Pro Tem Covey

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

58. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that Council reappoint Suzanne Rowe, 159 E. Cambourne, Diane Hart, 556 Kensington, and Jeremy Locke, 8028 Normile, Detroit, to the Beautification Commission for terms ending December 31, 2008.

AYES: Council Members Galloway, Gumbleton, Lennon; Mayor Pro Tem Covey

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Mayor Porter returned to Council Chambers at 9:45 p.m.

3. Brownfield Redevelopment Authority Board

59. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to reappoint Guy Scavone, II, 650 Alberta, to the Brownfield Redevelopment Authority Board for a term ending December 12, 2008, and to appoint Doug Wehner, 964 W. Lewiston, for a term ending December 12, 2008.

AYES: Council Members Gumbleton, Lennon, Galloway, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

60. Moved by Councilman Covey, seconded by Councilman Galloway, to reappoint Lynn Nichols, 303 West Chesterfield, as a Republican Member and Blair Simmons, 736 West Breckenridge, as a Democrat Member of the Board of Canvassers, for terms ending December 31, 2009.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

Councilman Covey left Council Chambers at 9:47 p.m.

5. Downtown Development Authority

61. Moved by Councilman Lennon, seconded by Councilman Galloway, to reappoint Chris Johnston, Woodward Avenue Brewers, 22646 Woodward, to the Downtown Development Authority for a term ending December 31, 2009.

AYES: Council Members Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers 9:51 p.m.

62. Council took no action on this agenda item.

63. Moved by Councilman Covey, seconded by Councilman Galloway, to reappoint Renee Weeks, 769 West Maplehurst, and Andrew Jackson, 435 West Woodland, and to appoint Colleen Kmiecik, 2522 Bonner, to the Parks and Recreation Advisory Board for terms to expire December 31, 2008.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

64. Moved by Councilman Galloway, seconded by Councilman Covey, to reappoint Larry Ruhmor, 741 West Cambourne, to the Plan Commission for a term ending December 31, 2008.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

65. Council took no action on this agenda item.

66. Council took no action on this agenda item.

67. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to reappoint Robert Prud’homme to the Board of Zoning Appeals for a term ending

December 31, 2008.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

68. Moved by Councilwoman Gumbleton, seconded by Councilman Covey, to reappoint Mayor Porter and and appoint Councilman Galloway to the Agenda Committee.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

69. Moved by Councilman Lennon, seconded by Councilman Galloway, to reappoint Councilman Covey to the Employees Pension Board.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

70. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to reappoint Mayor Porter and Councilman Lennon to the Finance Committee.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

71. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint Councilman Covey and Councilwoman Gumbleton to the Highway Committee.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

72. Moved by Councilman Covey, seconded by Gumbleton, to reappoint Councilman Covey and appoint Councilwoman Gumbleton to the City Clerk Informal Review Committee.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

73. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to reappoint Councilman Lennon and appoint Councilwoman Gumbleton to the City Manager Informal Review Committee.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

74. Moved by Councilman Covey, seconded by Councilman Lennon, to reappoint Mayor Porter and Councilman Covey to the Fire Chief Informal Review Committee.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

75. Moved by Councilman Covey, seconded by Councilman Lennon, to reappoint Mayor Porter and Councilman Galloway to the Police Chief Informal Review Committee.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

76. Moved by Councilman Covey, seconded by Councilman Lennon, to appoint Councilman Lennon as Mayor Pro Tem.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

77. Moved by Councilman Lennon, seconded by Councilman Covey, to reappoint Council Members Covey and Galloway to the Ordinance Committee.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

78. Moved by Councilman Lennon, seconded by Councilman Covey, to reappoint Councilman Galloway to the Planning Commission.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

79. Moved by Councilman Lennon, seconded by Councilman Covey, to appoint Councilwoman Gumbleton to the Police and Fire Pension Board.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

80. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to appoint Mayor Porter to the Board of Zoning Appeals.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

81. Moved by Councilman Covey, seconded by Councilman Lennon, that pursuant to Paragraph 12 (A.G.) of the City of Ferndale Procurement Policy, the Third Amendment to the 2003 Sidewalk Replacement Contract be approved, and that the Mayor and City Clerk be authorized to execute the Amendment, contingent upon Council’s approval of Special Assessment District 2006.

AYES: Council Members Galloway Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 10:26 p.m.

Councilman Lennon returned to Council Chambers at 10:29 p.m.

82. Moved by Councilman Covey, seconded by Councilman Lennon, to allow Police Chief Kitchen to take the necessary actions to retain Police Dispatcher Shank until the end of May, 2006.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

83. Moved by Councilman Lennon, seconded by Councilman Covey, to refer the Placement of Commemorative Signs on City Owned Property Policy, drafted by Councilman Galloway, to City Staff for a recommendation to Council within 30 days, as submitted by City Clerk.

AYES: Council Members Lennon, Covey, Galloway, Gumbleton; Mayor Porter

NAYS: None

MOTION CARRIED

84. Moved by Councilman Covey, seconded by Councilman Galloway, to receive the Interim FYE 2006 Budget with consideration of Budget adjustments, as submitted by Finance Director.

AYES: Council Members Covey, Galloway, Gumbleton, Lennon; Mayor Porter

NAYS: None

MOTION CARRIED

85. Moved by Councilman Covey, seconded by Councilman Lennon, to approve the quote from Thesier Equipments Co., for replacement of a Gator for the DDA, contingent upon the DDA Board of Directors’ approval, as submitted by DPW Director.

AYES: Council Members Galloway, Gumbleton, Lennon, Covey; Mayor Porter

NAYS: None

MOTION CARRIED

86. Moved by Councilman Covey, seconded by Councilman Lennon, to approve the quote from Thesier Equipment Co., to replace mower deck, as submitted by DPW Director.

AYES: Council Members Gumbleton, Lennon, Covey, Galloway; Mayor Porter

NAYS: None

MOTION CARRIED

87. Fire Chief Schmidt announced that a Commendation for Code Enforcement Officer Denise Bourjaily had been prepared for preventing a potential life threatening situation by discovering a wood burning stove in a garage that was not properly ventilated.

88. City Manager Barwin thanked those involved in developing the new Zoning Ordinance.

89. City Attorney Christ indicated he would send a communication regarding the status of the Troy/Allen Project to the Developer and the Negotiating Committee. The Negotiating Committee will provide Council with correspondence outlining Council’s options.

90. Councilwoman Gumbleton commented on Ferndale School’s Extravaganza.

91. Councilman Covey announced that the Affirmation Community Center was involved in a program called "I Care About Kids" that focused on Adoption Rights. He announced that the Ordinance Committee was working on potential Ordinances regarding policy clarification of the Cable Election Coverage and the Council Expense Policy. Councilman Covey complimented everyone who was involved with the new Zoning Ordinance and that also announced that the Blues Festival was successful.

92. Councilman Galloway commented that the Realtors Breakfast was successful.

93. Councilman Lennon complimented those involved with the Blues Festival and those involved with the new Zoning Ordinance. He announced that Lighthouse had received a grant and was able to help residents who were in danger of having their utilities turned off.

94. Moved by Councilman Lennon, supported unanimously, to adopt the Resolution of Condolences for retired Police Lieutenant C. A. "Mac" Macomber.

ADOPTED UNANIMOUSLY

95. Mayor Porter complimented those involved with the Blues Festival and commented on grants and potential projects that OLSHA and the City could work together on.

Mayor Porter adjourned the meeting at 10:46 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Karen Pedro, City Clerk