City Council - May 8, 2006

FERNDALE CITY COUNCIL
May 8, 2006

A Regular Meeting of the Ferndale City Council was held Monday, May 8, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Porter called the meeting to order at 7:34 p.m.

Mayor Porter led the Pledge of Allegiance.

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

PROCLAMATION National Police Week

May 14 - 20, 2006

248. Mayor Porter, supported unanimously, proclaimed that National Police Week was May 14 - 20, 2006, in the City of Ferndale, and that Monday, May 15, 2006 was observed as Peace Officers' Memorial Day.

Council Member Galloway arrived at Council Chambers at 7:37 p.m.

PROCLAMATION Poppy Week

May 15 - 20, 2006

249. Mayor Porter proclaimed that Poppy Week was May 15 - 20, 2006, in the City of Ferndale.

PRESENTATION Appreciation Resolution for Chess Home
Improvements and Allied Building Products

250. Moved Councilman Lennon, seconded by Councilman Covey to table definitely to the next regular meeting.

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

NAYS: None

MOTION CARRIED

TABLED DEFINITELY TO THE MAY 22, 2006 REGULAR COUNCIL MEETING

PRESENTATION Ferndale Public Schools

251. Beth D'Anna, Member of the Ferndale School Board, provided information on activities throughout Ferndale Public Schools.

PRESENTATION Hazel Park Public Schools

252. A representative was not present from Hazel Park public Schools to make a presentation. Mayor Porter asked the City Clerk to contact them and put them back on the same schedule, which is the first Council Meeting in June.

PUBLIC HEARING Special Land Use Amendment #1 for Sidwell

No. 24-25-35-351-003, commonly known as

454 Hilton Road

253. Mayor Porter opened the Public Hearing at 7:54 p.m. Brian Cooley expressed he favored the brick exterior. Scott Wright expressed he was in favor of the proposed metal exteriors for the Hilton project. Mayor Porter closed the Public Hearing at 7:58 p.m.

Consideration of Special Land Use Amendment #1 Resolution

Moved by Councilman Covey, seconded by Councilman Galloway, that a Public Hearing was held and approved the following Resolution approving the site plan and special land use application #1 submitted by The Terra Land Group for a mixed use development at Webster and Hilton was adopted to change the color scheme and materials as presented.

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

NAYS: None

MOTION CARRIED

PUBLIC HEARING Special Land Use for Sidwell No. 24-25-34-

231-035, commonly known as 656 Academy

254. Mayor Porter opened the Public Hearing at 8:07 p.m. No one came forward to
address Council. Mayor Porter closed the Public Hearing at 8:07 p.m.

A. Consideration of Special Land Use Amendment Resolution

Moved by Councilman Covey, seconded by Councilman Galloway, that a Public Hearing was held and approved the resolution for the site plan and the same special land use application #1 for Legato at Webster submitted by Terra Land Group to change the color scheme and materials as presented are approved for this project.

AMENDMENT

Moved by Councilman Galloway, seconded by Councilman Covey, for the amendment to the main motion that the project start on or before August 31, 2006 and be completed with certificates of occupancy. issued no later than 18 months following August 31, 2006; that the property line be bordered with a block wall as required by Section 4.33 of Ordinance 525, former Zoning Ordinance of the City of Ferndale, continuing to the rear corner of the home; and shrubbery, as required by Section 28.09 of the former Zoning Ordinance, continue out to the street; and that the Master Deed for the Condominium Project be amended as reflected in the April 26, 2006 memoranda from CDS Director Scheer.

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

NAYS: None

AMENDMENT TO THE MOTION CARRIED

MAIN MOTION NOW READS:

Moved by Councilman Covey, seconded by Councilman Galloway, that a Public Hearing was held and approved the resolution for the site plan and the same special land use application #1 for Legato at Webster submitted by Terra Land Group to change the color scheme and materials as presented are approved for this project; that the project start on or before August 31, 2006 and be completed with certificates of occupancy issued no later than 18 months following August 31, 2006; that the property line be bordered with a block wall as required by Section 4.33 of Ordinance 525, former Zoning Ordinance of the City of Ferndale, continuing to the rear corner of the home; and shrubbery, as required by Section 28.09 of the former Zoning Ordinance, continue out to the street; and that the Master Deed for the Condominium Project be amended as reflected in the April 26, 2006 memoranda from CDS Director Scheer.

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

NAYS: None

MOTION CARRIED

255. Call to Audience

Councilman Galloway left Chambers at 8:22 p.m.

Councilman Galloway returned to Chambers at 8:22 p.m.

1. Frank Flores expressed appreciation for the signs being erected for the 1972 Baseball Champs.

2. Joan Scheel inquired about the meeting which she received notice from the DPW Department to be held May 11,2006, at 7:30 p.m.

3. Dr. Margaret Dwyer announced a National Walk for Community Injustice would be held on May 20, 2006, and invited Council to attend the walk in Downtown Detroit.

4. Robert Payne expressed concern regarding a violation he received pertaining to not having a handrail on his porch.

5. Kevin Johnson announced he was looking for-assistance with his newly formed organization and a proposed community garden at the Ferndale Adult Education building on Republic.

6. Ken Roach thanked Council for his potential appointment to the Fiscal Review Advisory Committee.

7. Brian Cooley, on behalf of the Beautification Commission, announced that an arbor was installed behind the Library; that Arbor Day was celebrated and that school children attended. He indicated Park Clean-Up was very successful and thanked the volunteers who assisted.

Councilman Lennon left Chambers at 8:39 p.m.

Consent Agenda

256. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Consent Agenda as submitted:

A. Approved the Special Event Application from Jennifer Levine of Early Intervention Center for its 5th Annual Autism Awareness Walkathon to be held on Saturday, July 8, 2006, from 10:00 a.m. to 3:00 p.m., throughout Ferndale, contingent upon receipt of proper insurance at least 5 days prior to the event, and approval of the insurance by the City Attorney, as submitted by City Clerk.

B. Approved the First Amendment and Restatement of Intergovernmental Agreement with the City of Hazel Park for Animal Control Services, effective July 1, 2006; authorization for the Mayor and City Clerk to sign Agreement to be flied with the Secretary State Office, as submitted by City Manager.

C. Approved that Council grant permission for Recreation and Senior Services to conduct the 20th Annual Hayes Lemmerz Ferndale Foot Frolic on Sunday, May 21, 2006 on the streets of Ferndale; and authorized the Police Department and the DPW to close streets for the duration of the race as outlined; and authorized the Chief of Police to provide assistance necessary to ensure the safety of the runners, as submitted by Recreation Director.

D. Approved that the low quote of $7,360.00 of O'Laughlin Construction Co. to replace the control valve of Pump No.3 at the Water Pump Station; and that the expense be charged to the Water/Sewer Fund, Repair and Maintenance, Account No. 592-775, as submitted by DPW Director.

E. Approved temporary authorization for Liquor License for the Triangle Foundation during the Motor City Pridefest, as submitted by Triangle Foundation.

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

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Regular Agenda

A. Appointment to Arts and Cultural Commission

257. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint Stephen Swartz to the Arts and Cultural Commission to fill a vacant term to expire December 31, 2007.

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

NAYS: None

ABSENT: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Chambers at 8:43 p.m.

B. Appointment to Fiscal Review Advisory Committee

258. Moved by Councilman Covey, seconded by Councilman Galloway, to appoint Kenneth M. Roche to the Fiscal Review Advisory Committee.

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

NAYS: None

MOTION CARRIED

Mayor Porter requested that the Appointment to the Community Media Network (CMN) be added as a Regular Agenda Item. No Council Member indicated objection.

259. Moved by Councilman Lennon, seconded by Councilman Galloway, to appoint Ann Heler as the Ferndale Representative on the Community Media Network Board of Directors.

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

NAYS: None

MOTION CARRIED

C. Consideration of the adoption of Resolution regarding the U.S. Mayors
Climate Protection Agreement

260. Moved by Councilman Galloway, seconded by Councilman Covey, to authorize the Mayor to attach the City of Ferndale's name to this Resolution and forward the signature page on to the U.S. Mayors Climate Protection Agreement, as described on the form.

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

NAYS: None

MOTION CARRIED

Councilman Covey left Council Chambers at 8:50 p.m.

Councilman Covey returned to Council Chambers at 8:51 p.m.

D. Consideration of Woodward Avenue Lofts Development Agreement for Mixed Use Project at 23113-23157 Woodward

261. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the Proposed Development Agreement for the Mixed Use Project at 23113-23157 Woodward Avenue subject to the conditions described in the May 5, 2006 correspondence from the CDS Director; and that Council authorize the Mayor and City Clerk to sign the Agreement.

Councilman Covey left Council Chambers at 8:57 p.m.

Councilman Covey returned to Council Chambers at 8:58 p.m.

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

NAYS: None

MOTION CARRIED

E. Consideration of the bid for grounding improvements to the Police Department's communication equipment

262. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, that the bid of $25,130.00 to Double Jack Electric Company, Inc. for grounding improvements to the Police Department's communication equipment be accepted; and that the expense be charged to Public Improvement Fund Capital Account No. 245977.

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

NAYS: None

MOTION CARRIED

F. Consideration of the bid to reconstruct Channing Avenue between Wanda and the Grand Trunk Railroad Right-of-Way

263. Moved by Councilman Galloway, seconded by Councilman Lennon, that the low bid of $173,844.00 of Pro-Line Asphalt Paving Corp. to reconstruct Channing Avenue between Wanda and the Grand Trunk Western Railroad Right-of-Way be accepted; that the expense be charged to the Fiscal 2007 Local Streets Fund, Capital Account No. 203977, with Progressive Metals paying the City $46,601.00 to reconstruct the Rights-of-Way currently used for private parking.

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

NAYS: None

MOTION CARRIED

G. Consideration of the bid to repair and enlarge the Comfort Station/Storage Building at Martin Road Park

264. Moved by Councilman Galloway, seconded by Councilman Covey, that the low bid of $46,000.00 of Tom's Company and Sons to repair and enlarge the Comfort Station/Storage Building at Martin Road Park be accepted; and that the expense be charged to Public Improvement Fund Capital Account No. 24597.

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

NAYS: None

MOTION CARRIED

Mayor Porter left Council Chambers at 8:59 p.m.

Mayor Pro Tem Lennon assumed the Chair.

Consideration of the Amendment to Cable TV Coverage Policy regarding Municipal Candidates or Election Issue Forum

265. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to adopt the new Resolution governing WPRN and its coverage of political voter forms.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Consideration Contract with Oakland County Equalization Division for Assistance Services for Fiscal Years ending June, 2007 and June, 2008

266. Moved by Councilman Galloway, seconded by Councilman Lennon, to approve the proposed Contract with the Oakland County Equalization Division for Assistance Services for field work and file maintenance on real property parcels and authorize the execution by Mayor Porter and City Clerk Pedro for the two year period beginning July 1, 2006 through June 30, 2008, at the contract rate of $5.78 per parcel of real property parcels with the total cost dependent on the parcel count each year.

Mayor Porter returned to Council Chambers at 9:02 p.m.

Councilman Covey left Council Chambers at 9:04 p.m.

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

NAYS: None

ABSENT: Councilman Covey

MOTION CARRIED

J. Consideration of Special Assessments to be collected with Summer 2006 Taxes

267. Moved by Councilman Galloway, seconded by Councilman Covey, to approved the attached delinquent accounts, to be charged as a lien against the property to be collected as Special Assessments with the Summer 2006 Taxes in terms of the Charter provisions.

Councilman Covey returned to Council Chambers at 9:07 p.m.

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

NAYS: None

MOTION CARRIED

K. Consideration to adopt Ordinance No. 1008, which amends Chapter 18, by adding Section 18-4, to the Ferndale Code of Ordinances, regarding Municipal Parking Lots

268. Moved by Councilman Galloway, seconded by Councilman Covey, to adopt the Municipal Parking Lot Ordinance Amendment with the changes posed by the City Clerk and with the designations of the Sidwell Numbers, as requested by the CDS Director on the parking lots described in Section 18-4, Subsection 1.

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

NAYS: None

MOTION CARRIED

Call to Council

269. Fire Chief Schmidt read a letter thanking the Fire Department for their professional efforts to protect the owner's personal property from water damage while fighting a fire at the home in February, 2006.

270. Police Chief Kitchen announced the 2005 Police Officer of the Year was Keith Thibodeau; that the May 17, 2006 Golf Outing for the Ferndale Schools Sports Boosters tickets were sold out, however, tickets for the dinner were available.

271. City Manager Barwin congratulated Senior Citizen Coordinator Paige Gembarski, who was named the 2006 City Employee of the Year; and expressed appreciation for the public's patience regarding the repair of the railroad tracks on Hilton.

272. DPW Director Photiades announced that William Jones was named the 2005 DPW Employee of the Year and Fire Chief Schmidt announced that Firefighter Steven Light was named the 2005 Firefighter of the Year.

273. Councilwoman Gumbleton wished all mothers a Happy Mother's Day.

274. Councilman Galloway announced that the Boys and Girls Club ''Walk for the Future" fundraiser held at William Beaumont Hospital was successful; and that Jeanette Lenaway, a Ferndale resident, was named as the Boys and Girls Club Youth of the Year

275. Councilman Lennon reminded residents and business owners to clean up their properties. He requested that Police Department research about placing a sign indicated that the light at Paxton and East Nine Mile was a three-way light. He commented on his experience at the Law and Order Night that was sponsored by the Elks Club and wished a Happy Mother's Day to all mothers.

276. Councilman Covey announced that Mary Schusterbauer was named 2005 Citizen of the Year; Seasonal Corner's, at Livernois and West Marshall would hold their grand reopening on Saturday, May 13, 2006. He also announced the City of Ferndale is participating in cardboard recycling pilot program during the month of May. He indicated that Canton, Ohio had recently adopted an Ordinance banning discrimination based on sexual orientation; and announced that Salsa 2006 would be held Wednesday, May 10, 2006, at 6:00 p.m. at Boogie Fever.

277. Moved by Councilman Lennon, supported unanimously to adopt the Condolence Resolution for James Forsee.

RESOLUTION ADOPTED UNANIMOUSLY

278. Moved by Mayor, supported unanimously to adopt the Condolence Resolution for Andy Booth.

RESOLUTION ADOPTED UNANIMOUSLY

279. Mayor Porter inquired about a demolition of a building damaged by fire. He commented the Resolution provided by Rose Township concerning HB 5895 and SB 1157 which affects local rights regarding Cable and requested the City Manager prepare a similar Resolution for the next Regular Council Meeting. He wished a Happy Mother's Day to all mothers.

Mayor Porter adjourned the meeting at 9:33 p.m.

______________________________________

Robert G. Porter, Mayor

ATTEST:

_________________________________

Karen Pedro, City Clerk