City Council - October 9, 2006

A Regular Meeting of the Ferndale City Council was held Monday, October 9, 2006, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Pro Tem Lennon called the meeting to order at 7:33 p.m.

Mayor Pro Tem Lennon led the Pledge of Allegiance.

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

481. Moved by Councilman Covey, 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

Mayor Robert G. Porter had cause for his absence from the Regular Council Meeting of October 9, 2006.

THEREFORE BE IT RESOLVED that Mayor Robert G. Porter be excused from the Regular Council Meeting of October 9, 2006, for the reasons stated above, as provided by Section 10 of Chapter III of the City Charter.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

PRESENTATION Ferndale Public Schools

482. Stephanie Hall, Director of Community Relations for Ferndale Public Schools, and Jessica Scott, Communications Specialist for Ferndale Public Schools, provided information on activities throughout Ferndale Public Schools.

PRESENTATION Hazel Park Public Schools

483. Sharon Hawkins, Community Education Supervisor for Hazel Park Schools, provided information on activities of the Hazel Park Public Schools.

PUBLIC HEARING Removal of the parking restriction on the south side of Jewell, between the Woodward Alley and Hilton

A. Consideration of removal of parking restriction on the south side of Jewell, between the Woodward Alley and Hilton

484. Mayor Pro Tem Lennon opened the Public Hearing at 7:45 p.m. Tim Bannister and Michael Valentine indicated support; Jeff Bennett and Sally Sawyers indicated support for a modified plan. A woman suggested re-noticing the Public Hearing. Mayor Pro Tem Lennon closed the Public Hearing at 7:58 p.m.

Moved by Councilman Covey, seconded by Councilman Galloway, that for a six month period to remove all parking restrictions on the south side of Jewell between the Woodward Alley and Hilton, with the Police Department determining the location to place the safety area from Woodward.

AYES: None

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

ABSENT: Mayor Porter

MOTION FAILED

Moved by Councilman Covey, seconded by Councilman Galloway, to table this item to the next Regular Council Meeting and request better information from Traffic Control of the Police Department including a map and current restrictions, as well as future possibilities.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

485. Call to Audience

1. Jean Davis encouraged voters to vote yes on the Local Proposal on the November 7, 2006 Ballot regarding the proposed Human Rights Ordinance.

Councilman Covey left Council Chambers at 8:12 p.m.

Councilman Covey returned to Council Chambers at 8:13 p.m.

2. Sherry Wells, on behalf of the Ferndale Historical Society, announced that their Annual Meeting, "Family, Fun, and Food", would be held on Thursday, October 26, 2006, from 5:30 p.m. to 8:00 p.m., at the Kulick Community Center.

3. John Sterritt, of Citizens for Fair Ferndale, announced that there would be a Political Forum at Xhedos Café on the State Proposal regarding Affirmative Action and the Local Proposal regarding the proposed Human Rights Ordinance on Sunday, October 22, 2006, from 2:00 p.m. to 4:00 p.m.

4. Dorothy Kemling expressed concern regarding increased traffic and speeding of cars on Adams Court due to the construction at Woodward and 8 Mile Road.

5. Larry Mills presented a commemorative plaque to the City recognizing the efforts of the Ferndale Police Officers and Firefighters who assisted in the relief efforts after Hurricane Katrina.

6. Robert Payne expressed concern regarding the handrail violation appeal fee.

Consent Agenda

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

A. Approved the Minutes of the Special Meeting held September 25, 2006, and the Regular Meetings held August 28, September 11 and September 25, 2006, as submitted by City Clerk.

B. Approved the scheduling of a Sidewalk Hardship Committee Meeting to review the payment requests of property owners in Sidewalk Special Assessment District 2006 on Monday, October 23, 2006, at 6:00 p.m., and the scheduling of a Public Hearing regarding the 2006 Sidewalk Replacement Program, Special Assessment District No. 2006, to be held on Monday, October 23, 2006, at 7:30 p.m., as submitted by DPW Director.

C. Approved Agreement, which resulted from a previously accepted bid by Council, with Gaglio, Inc., for 2006 alley repairs to repair deteriorated segments of nine concrete public alleys and authorized the Mayor and City Clerk to sign Agreement, as submitted by DPW Director.

D. Approved referral of Zoning Ordinance Amendments to the Ordinance Committee for consideration and recommendation at the November 13, 2006 Council Meeting, as submitted by CDS Director.

E. Approved referral of Zoning Ordinance Map changes to the Ordinance Committee for consideration and recommendation at the November 13, 2006 Council Meeting, as submitted by CDS Director.

F. Approved the scheduling of a Public Hearing regarding Community Development Block Grant Program Year 2007 Application to be held on Monday, November 13, 2006, at 7:30 p.m., as submitted by CDS Director.

G. Approved the bills, payrolls (as certified by Interim 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 Covey, Galloway, Gumbleton; Mayor Pro Tem Lennon

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

Regular Agenda

A. Consideration to fill two vacant Police Officer positions in the Police Department

487. Moved by Councilman Galloway, seconded by Councilman Covey, to approve the hiring of two Police Officers and if necessary to begin the testing process to establish an Eligibility List under the Civil Service Rules.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

B. Consideration of Resolution regarding State Proposal 06-5, a Legislative Initiative to establish mandatory school funding levels

488. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the Resolution supporting State Proposal 2006-5, K-12 Spending Mandate.

AYES: Council Members Gumbleton, Galloway

NAYS: Council Members Covey; Mayor Pro Tem Lennon

ABSENT: Mayor Porter

MOTION FAILED

Mayor Pro Tem Lennon left Council Chambers at 8:44 p.m.

Councilman Covey assumed the Chair.

Mayor Pro Tem Lennon returned to Council Chambers at 8:47 p.m.

C. Consideration of Resolution regarding Rackham Golf Course

489. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the Resolution of support for creation of a historic district at the Rackham Golf Course.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

D. Consideration to reinstate funding to Community Media Network

490. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to reinstate funding to CMN (Community Media Network) beginning this quarter of ½%, to be reviewed again when Council has its budget discussions in February or March.

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

NAYS: Councilman Galloway

ABSENT: Mayor Porter

MOTION CARRIED

E. Consideration of the Hayride Route and related parking during the 25th Annual Family Fall Fun Fest to be held on Saturday, October 28, 2006

491. Moved by Councilman Covey, seconded by Councilwoman Gumbleton, to approve the hayride route on public streets and parking on the south side of Pearson between the hours of 4:00 and 7:00 p.m., during the 25th Annual Family Fall Fun Fest on October 28, 2006, as submitted by Recreation Director.

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

NAYS: None

ABSENT: Mayor Porter

MOTION CARRIED

F. Consideration of Industrial Facility Exemption Certificate (IFEC) Agreement with Progressive Metal Manufacturing located at 1200 Channing, 1300 Channing, and 1460 Channing

492. Council took no action on this Agenda Item.

Councilman Covey left Council Chambers at 9:01 p.m.

Councilman Covey returned to Council Chambers at 9:06 p.m.

Call to Council

493. Captain Collins thanked Council for permission to begin the hiring process for the two vacant Police Officer positions; thanked Larry Mills for his handmade commemorative plaque and invited everyone to Ferndale High School’s final home football game this upcoming Friday.

494. Fire Chief Schmidt announced it was Fire Prevention Week, the theme of which is "Prevent Cooking Fires, Watch What You Heat"; announced that both Fire Stations were having informal open houses this week during which people can walk through the Stations and obtain fire prevention literature. He indicated there was an organization in Madison Heights selling pumpkins and that part of the proceeds from their sales would go toward purchasing fire prevention handouts. Fire Chief Schmidt thanked Firefighters Tom Koster and Norm Van Sparrentak, who participated in the Chili Cook-Off and announced that Norm Van Sparrentak had won First Place.

495. City Clerk Pedro announced that a sample ballot was now on the City’s Website, as well as the full proposed Human Rights Ordinance; sample ballots are also available at the City Clerk’s Office and posted at the Library and the Kulick Community Center. She also announced that if anyone has any questions regarding if they were registered or where to vote they could call the City Clerk’s Office or go to the link on the City’s Website.

496. Interim City Manager Renando indicated he was at the half-way point of his tenure and asked for Council’s direction on pending projects. He announced the Hilton Road bike lanes have been restriped and those on Silman and Pinecrest, between Eight Mile Road and W. Oakridge, should be completed by October 15, 2006. He announced that he had met with Deborah Wilson, Director of the Ferndale Housing Commission, to discuss various issues.

497. City Attorney Christ announced that the honking issue between the City and the war protesters had been resolved.

498. Councilwoman Gumbleton announced that she had provided information to Council from the Art in Public Places Committee Meetings and thanked those that were involved with the Committee.

499. Councilman Galloway announced that he had been in contact with the Director from the University of Michigan’s Detroit Project Studio. He also has been contacted by a property builder who requested properties that were for sale or lease be listed on the City’s website.

500. Councilman Covey announced that a new bakery, The Strawberry Moon, had opened recently. He commented on the success of the Hometown Festival that was held the previous weekend. Councilman Covey also commented on the Local Proposal on the November, 2006 Ballot. He wished Bob Mills a "Happy 88th Birthday".

501. Mayor Pro Tem Lennon wished Bob Mills a "Happy 88th Birthday". He requested that people provide feedback on the aesthetics of City-owned buildings to any Council Member. He announced that there were openings on Boards and Commissions. Councilman Lennon wished his daughter Tara a "Happy Birthday".

Mayor Pro Tem Lennon adjourned the meeting at 9:45 p.m.

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Michael B. Lennon, Mayor Pro Tem

ATTEST:

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Karen Pedro, City Clerk