City Council - March 27, 2006

FERNDALE CITY COUNCIL
March 27, 2006

A Regular Meeting of the Ferndale City Council was held Monday, March 27, 2006, 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, Gumbleton, Lennon; Mayor Porter. Absent: None.

PRESENTATION Melanie Kapolka, Youth Delegate to the NLC Conference, March, 2006

155. Melanie Kapolka, Youth Delegate to the National League of Cities (NLC) Conference held in March, 2006, made a presentation on her experience at the conference.

PRESENTATION Ferndale Public Schools

156. Stephanie Hall, Director of Public Relations for Ferndale Public Schools, provided information on activities throughout Ferndale Public Schools.

PRESENTATION Hazel Park Public Schools

157. Sharon Hawkins, Community Education Supervisor for Hazel Park Public Schools, provided information on activities throughout Hazel Park Public Schools.

PRESENTATION Maile Ilac Boeder, New Executive Director and President of Ferndale Chamber of Commerce

158. Maile Ilac Boeder, New Executive Director and President of the Ferndale Chamber of Commerce, introduced herself and provided information on activities of the Chamber of Commerce.

PUBLIC HEARING 2006-2007 Liquor License Renewal

A. Via Nove 344 W. Nine Mile

159. Mayor Porter announced that Via Nove had paid their outstanding balance owed to the City, and a Public Hearing would not be held.

1. Consideration of Resolution objecting to the Renewal of 2006-2007 Liquor License

Council took no action on this Agenda Item.

PUBLIC HEARING Establishment of Industrial Development District to be located at Sidwell No. 24-25-35-327-013, commonly known as 1200 Channing, Sidwell No. 24-25-35-328-011, commonly known as 1300 Channing, and Sidwell No.
24-25-35-328-010, commonly known as
1460 Channing

160. Mayor Porter opened the Public Hearing regarding establishment of Industrial Development District at 8:06 p.m. Representatives from Progressive Metal provided information on the request. Mayor Porter closed the Public Hearing at 8:07 p.m.

A. Consideration of Resolution to establish Industrial Development

District No. 37

Moved by Councilman Covey, seconded by Councilman Galloway, that the Council establish Industrial Development District 37 for the tax parcels listed in Council’s communication of March 21, 2006, as legally described in the attached memo from the City Assessor/Treasurer dated March 8, 2006 and as mapped in the attached drawing covering the parcels known as 1200, 1300, 1460 Channing.

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

NAYS: None

MOTION CARRIED

161. Call to Audience

1. David Coulter, Oakland County Commissioner, commented on the importance of parks and recreation opportunities in Southeastern Oakland County and requested that a Resolution be addressed to the County Executive urging that the soccer fields at the County-owned property at 12 Mile and Greenfield be transferred to the Oakland County Parks and Recreation Department be passed by Council. He congratulated Police Chief Kitchen, Police Captain Collins and three Police Officers for receiving a Proclamation for the work they did in New Orleans on behalf of the Katrina victims.

2. Frank Flores, on behalf of the Ferndale Historical Society, commented that the "Make a Kite" event, co-sponsored by the Historical Society and the Ferndale Recreation Department, went well and on the progress of the dedication of the Crow’s Nest. He indicated that the Historical Museum was looking to expand its building.

Consent Agenda

162. It was the consensus of Council that Consent Agenda Item 10A, be considered after the Regular Agenda.

Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the balance of the Consent Agenda.

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

B. Approved the Tentative Agreement with Local 3120 for FYE 2004 through FYE 2008, as submitted by the Finance Director/Assistant City Manager.

C. Adopted the Resolution authorizing Oakland County to apply on behalf of the City for Local Unit Certifications-Computerized Tax Roll Application, as submitted by City Assessor/Treasurer.

D. Approved the bills, payrolls (as certified by City Manager), to be paid subject to review by the Council Finance Committee.

Councilman Covey left Council Chambers at 8:24 p.m.

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

Councilman Covey returned to Council Chambers at 8:26 p.m.

Councilman Lennon left Council Chambers at 8:26 p.m.

Regular Agenda

Mayor Porter requested that Regular Agenda Item G be moved on the Agenda to be considered as the third Agenda Item. No Council Member indicated objection.

Appointment to the Police and Fire Board

163. Moved by Councilman Covey, seconded by Councilman Galloway to appoint Jean Davis to the Ferndale Police and Fire Board for a term expiring May, 2006.

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

NAYS: None

ABSENT: Councilman Lennon

MOTION CARRIED

B. Appointment of Representative and Alternate Representative to the Intergovernmental Cable Communication Authority (ICCA)

164. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to appoint John Faunt as Representative and Charlene Faunt as Alternate Representative to the ICCA.

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

NAYS: None

ABSENT: Councilman Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:29 p.m.

G. Consideration of the Development and Reimbursement Agreement with Singer-Wolfson Development Company II for 211 E. Nine Mile Road

165. Community Development Services Director Scheer indicated for the record, that the Indemnity Insurance Certificate had been received March 27, 2006, by fax, and contingent on Council’s approval of this Agreement, it would be issued in hard copy, so that condition had been met.

Moved by Councilman Covey, seconded by Councilman Lennon, to approve the proposed Redevelopment/Development Agreement, as provided for the Mixed Used Project located at 211 East Nine Mile Road, subject to the listed conditions as follows: a copy of the indemnification insurance required by the Agreement be forwarded to CDS before April 30, 2006, or as established by Council; and the City Attorney review the interest clause which runs on any unpaid FBRA approved balance 45 days after receipt; and a start date by December 31, 2006 defined by pulling the first permits and with a completion date 18 months later, as defined as granting the Certificates of Occupancy for all units, and should there not be a beginning by December 31, 2006, then a conference and possible review be made at that time, and to authorize the Mayor and the City Clerk to sign the Agreement.

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

NAYS: None

MOTION CARRIED

C. Consideration to allow Plan Commission to make future appointments of their Liaison to Board of Zoning Appeals

D. Appointment of Plan Commission Liaison to the Board of Zoning Appeals

166. Moved by Councilman Galloway, seconded by Councilman Covey, to appoint Phil Poole as the Board of Zoning Appeals Liaison from the Plan Commission, to be reviewed at the end of his term on the Plan Commission, and that Council directs the Plan Commission in the future to forward their recommendation for Board of Zoning Liaison to City Council by the last regularly scheduled City Council Meeting in February.

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

NAYS: None

MOTION CARRIED

E. Consideration of Commemorative Sign Display Policy

Mayor Porter left Council Chambers at 8:48 p.m.

Mayor Pro Tem Lennon assumed the Chair.

Mayor Porter returned to Council Chambers at 8:53 p.m.

167. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Commemorative Sign Display Policy, with the following changes:

Third word in the first paragraph, change "will" to "may";

Last line of first paragraph, insert "or private" between "public" and "signs";

Add at the end of the seventh paragraph, "Any signs that are displayed, whether in primary display locations or non-primary locations, shall be subject to Council approval."

AYES: None

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

MOTION FAILED

Moved by Councilman Galloway, seconded by Councilman Lennon, to adopt the Commemorative Sign Display Policy, with the following modifications:

Third word in the first paragraph, change "will" to "may";

Last line of first paragraph, insert "or private" between "public" and "signs";

Add at the end of the seventh paragraph, "Any signs that are displayed, whether in primary display locations or non-primary locations, shall be subject to Council approval."

Paragraph nine to read "All recognition signs currently in place as of March 27, 2006, will be allowed to remain posted through December 31, 2006, or upon completion of the time lines otherwise described in the policy. The following signs shall be handled in this manner: the 1970 St. James Dales shall be removed at such time as the 1988 American Legion Baseball State Champs sign is available; the 1972 Ferndale Eagles Football Champs sign and the 1988 American Legion Baseball State Champs sign shall remain up until December 31, 2006."; and

Add a new Paragraph, numbered 10, to read "The City Council’s policy regarding commemorative sign display recognizing exceptional achievements by City of Ferndale groups is not intended to create a limited public forum."

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

NAYS: None

MOTION CARRIED

F. Consideration to upgrade Water Meter Reading System

168. Moved by Councilman Galloway, seconded by Councilman Covey, that the proposal submitted by Badger Meter Service, 4545 W. Brown Deer Road in Milwaukee, WI, for an upgrade to Water Meter Reading System for a fee of $23,867.00 be accepted; that the expense be charged to the Water and Sewer Fund, Capital Account No. 592- 977; and that the Agreement with Badger be approved and the Mayor and City Clerk authorized to sign it.

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:13 p.m.

H. Consideration of Nine Mile and Woodward Enhancement Projects

169. Moved by Councilman Covey, seconded by Councilman Galloway, to request MDOT immediately release or disperse to Ferndale and/or Cranbrook $25,000.00 for the grant approved Crow’s Nest Project and $20,000.00 for the Bus Bench Project, or agree formally to reimburse the City of Ferndale for advancing materials funded to Cranbrook students and their suppliers, to allow the Cranbrook Nine Mile and Woodward grant projects to be completed in a timely fashion and upon said assurances or project reimbursement including and/or signed contract with MDOT, authorize the City Manager to dispense materials funding to the Cranbrook students at the amounts listed above as in his judgment is warranted, understanding that each project in itself is unique and useful work of streetscape and historical art.

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

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

NAYS: None

MOTION CARRIED

Councilman Lennon left Council Chambers at 9:22 p.m.

Councilman Lennon returned to Council Chambers at 9:25 p.m.

Consent Agenda Item A - Authorization for the City Manager to implement pay adjustments for Non-Union Administrative Staff for FYE 2006 and FYE 2007, as submitted by City Manager.

170. Moved by Councilman Galloway, seconded by Councilman Covey, to authorize the appointees to implement pay adjustments for Non-Union Administrative Staff of between 0% and 2% for FYE-2006 and FYE-2007, based on annual performance reviews.

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

NAYS: None

MOTION CARRIED

Call to Council

171. Police Chief Kitchen commented on the recognition by Oakland County of Ferndale Police Department members who assisted with the 2005 Katrina Hurricane Relief and announced the Police Department was presently in the process of formulating an interactive website in conjunction with Oakland County.

Mayor Porter left Council Chambers at 9:56 p.m.

Mayor Pro Tem Lennon assumed the Chair.

172. City Clerk Pedro announced that Election Workers were needed and that applications were available at the City Clerk’s Office, the Library, the Kulick Center and soon would be on the City’s website.

Mayor Porter returned to Council Chambers at _____ p.m.

173. City Manager Barwin announced that Railroad crossing repairs would begin Monday, April 3, 2006, beginning with the Nine Mile crossing. He also announced that the upcoming "Walk for the Future", sponsored by the Boys and Girls Club, would be held on Saturday, May 6, 2006, at Beaumont Hospital. City Manager Barwin provided an update on the April Fool’s Day walk to be held by the Ferndale Elks.

174.. City Attorney Christ announced that the Ordinance Committee would meet on Monday, April 3, 2006, to discuss Councilman Lennon’s query on the naming of buildings.

175. Councilman Lennon requested that the City’s website be updated; requested the City Manager to update Council regarding ample people certified for the AED Program; questioned if there was an AED device at the Kulick Center and requested an update on the Employee Handbook.

176. Moved by Councilman Lennon, supported unanimously, to adopt the Condolence Resolution for John Luoto.

ADOPTED UNANIMOUSLY

177. Councilwoman Gumbleton thanked Congressman Levin for speaking at the schools on Safe and Drug Free School Grants and encouraged Ferndale residents to write the President and Congressman in support of these grants. She announced she was doing research on a program to have high school students sit on Council.

178. Councilman Galloway announced the Boys and Girls Club would hold their "Walk for the Future" on May 6, 2006, and would appreciate any contributions. He also announced that there was a Boys and Girls Club branch located at Ferndale High School with a range of activities from homework mentoring to exposure to various experiences. Councilman Galloway requested information on the activity at the State Fairgrounds and City Manager Barwin indicated it was preliminary groundwork for the shopping plaza to be located there and that he was meeting with the Detroit Planner this week. Councilman Galloway commented on the Library and asked what the status was on formalized separation of the Library. He commented on the 90 day RFP for the Audit Group and asked for the status on this.

179. Councilman Covey requested that an appointment to the Arts and Cultural Commission be placed on the next Agenda; wished Charlie Simons well on his recovery; announced Ferndale Youth Assistance nominations to recognize youth leadership and good works were being taken and that the recognition dinner would be on Thursday, April 27, 2006, at the High School. He congratulated the Elks on their 75th Anniversary; announced on April 1, 2006, the Blues Fest Volunteer Appreciation Dinner would be held at Dino’s from 6:30 p.m. until 8:30 p.m.; requested that an item be placed on the April 24, 2006 Agenda for a presentation of the proceeds and report from the Blues Festival; commented on the importance of recycling; congratulated Marne and Del on their upcoming wedding; announced the opening of The Emory, Gracies Underground, Sakana, and indicated a new bakery would be opening soon.

180. Mayor Porter requested that the City Manager arrange a meeting with the Fiscal Review Advisory Committee for the Mayor and Councilman Lennon to discuss the Committee’s preliminary review letter; congratulated Gage Products on a published article and thanked the CEO of SEMCOG for his article in the Daily Tribune, which appeared on March 26, 2006.

181. Moved by Mayor Porter, supported unanimously, to adopt the Resolution of Support regarding local revenues collected by the State.

ADOPTED UNANIMOUSLY

Mayor Porter thanked City Connect Detroit.

Mayor Porter adjourned the meeting at 10:29 p.m.

_________________________________

Robert G. Porter, Mayor

ATTEST:

____________________________________

Karen Pedro, City Clerk