City Council - March 16, 2006

PROPOSED MINUTES

FERNDALE CITY COUNCIL MEETING

THURSDAY, MARCH 16, 2006, 7:30 P.M. AT CITY HALL

A Regular Meeting of the Ferndale City Council was held Thursday, March 16, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:41 p.m.

Mayor Porter led the Pledge of Allegiance.

Roll call showed the following members of Council present: Council Members Galloway, Gumbleton, Lennon; Mayor Porter. Absent: Councilman Covey.

XXX. Moved by Councilman Lennon, seconded by Councilman Galloway, to adopt the following Resolution:

Section 10 of Chapter III of the Charter of the City of Ferndale, Oakland County, Michigan provides that absence from five consecutive Regular meetings of the City Council shall automatically operate to vacate the seat of the member of the Council unless the absence is excused by Resolution setting forth such excuse and entered upon the journal; and

Councilman Craig Covey had cause for his absence from the Regular Council Meeting of March 17, 2006.

THEREFORE BE IT RESOLVED that Councilman Craig Covey be excused from the Regular Council Meeting of March 16, 2006, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

AYES: G, GU, L, MP

NAYS: None

ABSENT: C

MOTION CARRIED

XXX. A representative from Ferndale Public Schools was not present.

XXX. A representative from Hazel Park Public Schools was not present.

XXX. Fire Chief Schmidt provided information on what the public should do when severe weather occurs. He announced that Severe Weather Awareness Week would be March 26, through April 1, 2006. He also announced that a Special Tornado Siren Test would be conducted on Tuesday, March 28, 2006, at 10:30 a.m.

XXX. Mayor Porter opened the Public Hearing at 7:51 p.m. Randall Lokatys, John Weidman, Sharon DeGracia, Alan Soave had questions and/or comments. Mayor Porter closed the Public hearing at 8:20 p.m.

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that the lots on the north side of East Troy, between Bonner and Farrow, be redesignated on the Zoning Map as C-2 and that those lots on the south side of East Troy, between Bonner and Farrow, be redesignated on the Zoning Map as M-2.

AYES: GU, G; MP

NAYS: L

ABSENT: C

MOTION CARRIED

A. Jester’s One, Inc. 22848 Woodward

B. Como’s Restaurant 22812 Woodward

C. Posh 22061 Woodward

D. S & J Post 22828-30 Woodward

E. Via Nove 344 W. Nine Mile

F. White Heather Club 150 Vester

G. Elks Lodge 1588 22856 Woodward

H. Maria’s Front Room 215 W. Nine Mile

XXX. Moved by Councilman Lennon, seconded by Councilman Galloway, to table the Public Hearing for Via Nove 2006-2007 Liquor License Renewal to the next Regular Council Meeting of March 27, 2006, due to the suggestion of delinquent payments were made and questions about proper notice for the Public Hearing being received by Via Nove.

AYES: L, G, GU; MP

NAYS: None

MOTION CARRIED

XXX. Public Hearings were not held for Jester= s One, Inc., Como’s Restaurant, Posh,

S & J Post, Elks Lodge 1588, and Maria’s Front Room as these establishments corrected outstanding issues, which originally placed them on the Agenda. Mayor Porter opened the Public Hearing at 8:32 p.m. No one came forward to speak during the Public Hearing for the White Heather Club. Mayor Porter closed the Public Hearing at 8:32 p.m.

City Attorney Christ requested that City Manager Barwin indicate for the record the status with respect to the taxes owed by the White Heather to the City. City Manager Barwin indicated for the record that the White Heather Club, 150 Vester, owed the City $8,711.18. City Attorney indicated for the record that he provide communication to the White Heather Club both by Certified Mail and Regular Mail, indicating that they had proper notice of the Public Hearing.

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the Resolution enclosed in Council’s meeting packet regarding the White Heather Social Club, 150 Vester, and to make the following change: everywhere that Class C License appears to change it to Class C Club License.

AYES: L, G, GU; MP

NAYS: None

ABSENT: C

MOTION CARRIED

1. Police Captain Collins provided information on "Ferndale Football Sports Boosters Eagle Nest", a new organization at the Ferndale Middle and High School for the football teams. He announced that the organization was having three fundraisers to raise money for the football teams: Moo Poo to be held on May 27, 2006; a Golf Outing at Greystone Golf Course on May 17, 2006, and t-shirts were also available with the organization’s logo at various locations throughout Ferndale.

2. Alan Soave thanked Councilman Lennon for supporting the residents on East Troy regarding the Zoning Map.

Councilman Lennon left Council Chambers at 8:46 p.m.

XXX. It was the consensus of Council that Consent Agenda Item 9C be considered after the Regular Agenda.

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

A. Adoption of Travel Resolution authorizing attendance at the NLC Leadership Training Seminar – Tempe, to be held April 26-30, 2006, in Tempe, Arizona, as submitted by City Clerk.

B. Approval of emergency request for temporary help in the City Clerk’s Office, as submitted by City Clerk.

C. REMOVED FROM CONSENT

D. Approval to schedule a Public Hearing to be held on Monday,

March 27, 2006, at 7:30 p.m., regarding the establishment of an Industrial Development and/or Plant Rehabilitation District for the property located at 1200, 1300, and 1460 Channing, as submitted by City Manager.

E. Adoption of Resolution declaring April 28, 2006, as Arbor Day in the City of Ferndale, as submitted by DPW Director.

F. Approval of 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: GU, G; MP

NAYS: None

ABSENT: C and L

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:48 p.m.

Mayor Porter requested if any Council Members objected to moved the pulled Consent Agenda Item 9C (Approval of Special Event Application submitted by the Ferndale Historical Society for Make and Fly an Old Fashioned Kite Event on Sunday, March 26, 2006, from 1:00 p.m. to 5:00 p.m., at Martin Road Park, with the Event to be Co-Sponsored by the Ferndale Recreation Department, as submitted by City Clerk.) prior to Regular Agenda. No Council Member indicated objection.

Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to approve the Special Event Application submitted by the Ferndale Historical Society for Make and Fly an Old Fashioned Kite Event on Sunday,

March 26, 2006, from 1:00 p.m. to 5:00 p.m., at Martin Road Park, with the Event to be Co-Sponsored by the Ferndale Recreation Department.

AYES: L, G, GU; MP

NAYS: None

ABSENT: C

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilman Galloway, to appoint Timothy Jarvis, to fill the vacant unexpired term on the Plan Commission, expiring December 31, 2008.

AYES: G, GU, L; MP

NAYS: None

ABSENT: C

MOTION CARRIED

XXX. Moved by Councilman Galloway, seconded by Councilman Lennon, to table this matter to the second Regular Council Meeting in March and that the City Manager’s Office put together the comments into a Resolution suitable for adoption.

AYES: GU, L, G; MP

NAYS: None

ABSENT: C

MOTION CARRIED

Moved by Councilman Galloway, seconded by Councilman Lennon, that Change Order I for installing a sewerage-ejector system and for performing other improvements under the women’s locker room project be approved, and that the expense of $4,250.00 be charged to the Public Improvement Fund, Capital, Account# 245-977.

AYES: L, G, GU; MP

NAYS: None

ABSENT: C

MOTION CARRIED

XXX. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to approve the Special Event Application submitted by the Ferndale Elks Club for an April Fool’s Day Alley Walk on Saturday, April 1, 2006, with contingencies.

AMENDMENT

Moved by Councilwoman Gumbleton, seconded by Councilman Lennon, to amend the main motion in that the organizer of the April Fool’s Day Alley Walk have written documentation from the owners authorizing use of their parking lots.

AYES: GU, L, G; MP

NAYS: None

ABSENT: C

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to approve the Special Event Application submitted by the Ferndale Elks Club for an April Fool’s Day Parade on Saturday, April 1, 2006, with contingencies and that the organizer of the April Fool’s Day Alley Walk have written documentation from the owners authorizing use of their parking lots.

AYES: L, G, GU; MP

NAYS: None

ABSENT: C

MOTION CARRIED

XXX. DPW Director Photiades requested that residents wait until the week of Monday, April 3, 2006, before placing compost material on the curb for pickup.

XXX. City Manager Barwin announced that the 8 Mile bridge will be rebuilt and grant money will be used for lighting improvements to the bridge. He wished everyone Happy St. Patrick’s Day.

XXX. Councilman Lennon requested that the City Manager work with the Fire Chief on researching the feasibility of providing cell phones to command staff at the Fire Department. He wished everyone a Happy St. Patrick’s Day. Councilman Lennon requested an update from Police Captain Collins on activities at Taft School.

XXX. Moved by Councilman Lennon, supported unanimously, to adopt the Condolence Resolution for William C. Huddleston.

ADOPTED UNANIMOUSLY

XXX. Councilman Galloway requested that the City Manager provide an update on the status of negotiations with the Library Board. He commented on the 8 Mile bridge.

XXX. Councilwoman Gumbleton announced that the Superintendent’s Advisory Board recognized the top three 2006 teachers for their work.

XXX. Mayor Porter commented on the recent NLC Conference he attended. He thanked the City Clerk for the update she submitted to Council on activities in the City Clerk’s Office. Mayor Porter wished everyone a St. Patrick’s Day.

XXX. Moved by Mayor Porter, supported unanimously, to adopt the Condolence Resolution for Coretta Scott King.

ADOPTED UNANIMOUSLY

Mayor Porter adjourned the meeting at 9:47 p.m.