City Council - February 23, 2009

Draft

FERNDALE CITY COUNCIL MEETING

Monday, February 23, 2009

A Regular Meeting of the Ferndale City Council was held Monday, February 23, 2009 at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:30 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

Present: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon

Absent: None

3. APPROVAL OF AGENDA

City Clerk Tallman relayed a request from the attorney for Ferndale Mobil requesting the Public Hearing be moved to the beginning of the list due to another appointment at 8:00 p.m.

056. Moved by Councilwoman Baker, seconded by Councilman Lennon, to approve the agenda as amended.

AYES: Council Members Baker, Galloway, Gumbleton, Lennon, Mayor Covey.

NAYS: None

MOTION CARRIED

4. PRESENTATIONS

A. Downtown Development Authority (DDA)

Chris Hughes, Marketing Director for the DDA, provided an update on new businesses and upcoming events.

5. PUBLIC HEARINGS

D. Consideration of Special Land Use application for Ferndale Mobil at the property located at 22500 Woodward.

Mayor Covey opened the Public Hearing at 7:36 p.m., and, there being no comments from the audience, closed the Public Hearing at 7:37 p.m.

057. Moved by Councilman Lennon, seconded by Councilwoman Baker, to adopt the Resolution approving the Special Land Use amendment application submitted by Mike and Ahmed Ftouni for the Ferndale Mobil gas station located at 22500 Woodward.

AYES: Council Members Baker, Galloway, Gumbleton, Lennon, Mayor Covey.

NAYS: None

MOTION CARRIED

A. Consideration to adopt Resolution amending the Brownfield Plan related to the renovation of the property to be used as a self-storage facility located at 1300 East Nine Mile Road.

Mayor Covey opened the Public Hearing at 7:38 p.m., and, there being no comments from the audience, closed the Public Hearing at 7:39 p.m.

058. Moved by Councilwoman Baker, seconded by Councilman Galloway, to adopt the Resolution amending the Brownfield Plan for 1300 East Nine Mile Road to authorize no tax capture.

AYES: Council Members Galloway, Gumbleton, Lennon, Baker, Mayor Covey.

NAYS: None

MOTION CARRIED

B. Consideration to adopt Resolution amending the Brownfield Plan related to the renovation of the property to be used as a mixed use commercial/residential facility located at 23131-57 Woodward.

Mayor Covey opened the Public Hearing at 7:40 p.m., and, there being no comments from the audience, closed the Public Hearing at 7:41 p.m.

059. Moved by Councilman Galloway, seconded by Councilwoman Baker, to adopt the Resolution amending the Brownfield Plan for 23131-57 Woodward to authorize no tax capture and to direct the Assessor/Treasurer to return any captured funds to the appropriate taxing jurisdictions.

AYES: Council Members Gumbleton, Lennon, Baker, Galloway, Mayor Covey.

NAYS: None

MOTION CARRIED

C. Consideration of Special Land Use application submitted by Hand of Grace Charitable Organization for a material distribution center/warehouse at the property located at 380 Fair.

Mayor Covey opened the Public Hearing at 7:42 p.m., and, there being no comments from the audience, closed the Public Hearing at 7:43 p.m.

060. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to adopt the Resolution approving the Special Land Use application submitted by Vince Boji for a material distribution center to be located at 380 Fair.

AYES: Council Members Lennon, Baker, Galloway, Gumbleton, Mayor Covey.

NAYS: None

MOTION CARRIED

6. CALL TO AUDIENCE

Patti Ashmore submitted questions about the process of the Zone Determination Request and other actions in relation to the South Oakland Shelter (SOS).

Tom Kaiser questioned the differences between two forms submitted to the City by SOS.

Lois Latta, president of First Baptist Church of Ferndale, spoke in favor of the location of SOS offices at the church.

Marge Tittlong spoke in favor of the location of SOS offices at First Baptist.

Julie Glazier, Publicity Chair for Ferndale Youth Assistance, announced upcoming events.

Marc Reinerth supported the location of SOS offices at First Baptist.

John Sterritt supported the location of SOS offices at First Baptist.

Francine Hachem, representing Citizens for a Fair Ferndale, called for nominations for the Good Neighbor awards in Ferndale, noting the deadline for nominations is March 19, 2009.

Francine Hatchem called for BAMN to leave Gays and Lesbians out of their rhetoric, noting the LGBT community has their own battle to fight with Proposition 8.

Jeannie Davis, president of the Ferndale Seniors Group, announced upcoming events.

Greg Pawlica voiced opposition to the location of SOS offices at First Baptist.

Jay Schloff, representing the Environmental Impact Commission, encouraged pet owners to pick up after their pets to safeguard groundwater by disposing of their waste in biodegradable bags or by flushing the waste down the toilet.

Catherine Feldpausch, pastor of First Baptist Church of Ferndale, supported the location of the SOS offices at First Baptist.

Scott Miller, pastor of Drayton Avenue Presbyterian Church, supported the location of the SOS offices at First Baptist.

Tom Gagné commended Hands of Grace for using their facilities for a charitable cause in a proper zoning district. Mr. Gagné opposed the location of the SOS offices at First Baptist.

Doug Hayden opposed the location of the SOS offices at First Baptist.

Councilman Lennon and Mayor Covey left Council Chambers at 8:15 p.m. Mayor Covey returned to Council Chambers at 8:17 p.m.

7. CONSENT AGENDA

061. Moved by Councilwoman Baker, seconded Councilman Galloway, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held February 9, 2009.

B. Memorial Day Parade - May 25, 2009:

1. Approved the observance of Memorial Day on Monday, May 25, 2009 with the annual Memorial Day Parade as organized by the Ferndale Memorial Association.

2. Approved a contribution of $400 payable to the Association as budgeted in the Special Event Account 101-172-885.

3. Authorized the Mayor to sign the Agreement between the City of Ferndale and the Ferndale Memorial Association for the Association to organize the Parade.

C Adopted Resolution for Council Members Lennon, Gumbleton and Baker to travel to Washington D.C. for the National League of Cities Conference, March 14-18, 2009.

D. Approved Agreement with Carl Walker, Inc. to complete a parking structure site feasibility study in accordance with the November 14, 2008 proposal and authorized the Mayor and City Clerk to sign it.

E. Approved purchasing from Duncan Parking Technologies Inc., 340 Industrial Park Road, Harrison, Arkansas, parking-meter equipment for $8,430 and to charge the expense to the Auto Parking Fund, operating supplies, account number 585-740.

F. Approved invoice of $4,858 of Klochko Equipment Rental Company, Inc., 10015 Marine City Highway, Fair Haven, for renting a front-end loader, and charge of expense to the Vehicle and Equipment Fund, Contractual, account number 661-818.

G. Approved purchase of one John Deere tractor with attachments from Thesier Equipment Co., 28342 Pontiac Trail, South Lyon, for $59,215 under the state of Michigan Extended Purchase Program, and to charge the expense to the Vehicle and Equipment Fund, Capital, account number 661-977.

H. Approved Landscape Maintenance and Hauling Services Contract with United Lawnscape, Inc. valid from March 1, 2009 through March 31, 2014 and authorized the Mayor and City Clerk to sign the contract.

I. Appointed Event Director Michael Lary as the Woodward Dream Cruise Inc. representative for the City of Ferndale and City Manager Robert Bruner as the alternate.

J. Reappointed Jeannie Davis to the Parks & Recreation Advisory Board for a three-year term expiring December 31, 2011.

K. Approved compensation rate of $175/hour, plus direct out-of-pocket expenses incurred, for VanOverbeke, Michaud & Timmony, P.C. to provide legal representation services to the Ferndale Policemen and Firemen’s Retirement System.

L. Approved the bills and payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

AYES: Council Members Galloway, Gumbleton, Baker, Mayor Covey.

NAYS: None

ABSENT FOR TABLE: Council Member Lennon

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:19 p.m.

8. REGULAR AGENDA

A. Appointments to Boards / Commissions

1) Ferndale Arts and Cultural Commission.

City Clerk Tallman explained that Tiffani Gagné had withdrawn her application.

062. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to confirm the appointments of Heidi Lovy, Alicia Vonderharr, Anne Yambor, Doug Raber, Robert Thomas, Aaron Timlin and Oneita Porter to the Ferndale Arts and Cultural Commission for terms expiring December 31, 2011.

AYES: Council Members Gumbleton, Lennon, Baker, Galloway, Mayor Covey

NAYS: None

MOTION CARRIED

2) Downtown Development Authority Board of Directors.

062. Moved by Councilwoman aker, seconded by Councilwoman Galloway, to confirm the appointment of Stacey Tobar to the Ferndale DDA Board of Directors for a term expiring December 31, 2012, and the appointment of Amelia Roll to the Ferndale DDA Board of Directors for a term expiring December 31, 2010.

AYES: Council Members Lennon, Baker, Galloway, Gumbleton, Mayor Covey

NAYS: None

MOTION CARRIED

B. Consideration of next steps regarding proposed purchase of American Legion Hall, 1741 Livernois.

063. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to:

1. Authorize the City Manager to execute another forty-five (45) day extension of the City’s inspection and investigation period (until Tue 4/21/2009).

2. Direct the City Manager to request a proposal from Professional Service Industries, Inc. (PSI) for UST removal for consideration at the Mon 3/9/2009 City Council meeting.

3. Authorize the City Manager to execute a 50%/50% UST removal cost sharing agreement with the American Legion.

AYES: Council Members Baker, Galloway, Gumbleton, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

C. Consideration of 2009 Class C Liquor License Renewals.

064. Moved by Councilman Lennon, seconded by Councilwoman Gumbleton, to receive the report and make it a matter of record and also direct that a Public Hearing be scheduled for Monday, March 23, 2009 at 7:30 p.m., regarding the non-renewal Class C Liquor Licenses and that the City Attorney's Office prepare and have served appropriate legal notice of the scheduled Hearing to the above-listed establishments that are in question and/or those establishments that are delinquent in paying taxes that were due on February 27, 2009, according to the Assessor/Treasurer's report as of noon on Tuesday, March 10, 2009.

AYES: Council Members Lennon, Baker, Gumbleton, Galloway, Mayor Covey

NAYS: None

MOTION CARRIED

9. COUNCIL LIAISON REPORTS

B. Michigan Suburbs Alliance (MSA) – Councilwoman Baker announced MSA is ready to roll out the Millennial Mayors Congress initiative to partner mayors in 40 southeast Michigan municipalities with a young person in their community from the millennial generation (18-34 years of age).

F. Woodward Avenue Action Association (WA3) – City Manager Bruner announced the WA3 Annual Meeting on Thursday, March 5, 2009, and noted Ferndale establishments will be receiving awards at the meeting.

6. CALL TO AUDIENCE (cont.)

Amanda Kline from State Representative Ellen Cogen Lipton’s office announced a townhall meeting on March 2, 2009 at Roosevelt Primary School.

Dan Harteau asked if SOS can legally locate their offices at First Baptist Church. Mr. Bruner explained the Zoning Board of Appeals (ZBA) is holding a hearing on March 17, 2009 at 7:00 p.m. to decide that question.

Tom Gagné shared observations about the similarity between BAMN’s tactics and a civil rights organization headed by Al Sharpton which is being investigated for extortion for threats of boycotts and picketing. He stated his opposition to the use of threats versus logical, fact-based arguments.

Dale Feldpausch clarified that the SOS attorney does not represent the First Baptist Church of Ferndale.

Patti Ashmore concluded her questions about the process of the Zone Determination Request and other actions in relation to the South Oakland Shelter (SOS).

10. CALL TO COUNCIL

065. Recreation Director Hall announced registration ends Friday for the next slate of classes. Recreation Director Hall announced that Senior Services Director Paige Gembarski has accepted another position in the industry and thanked her for her service to Ferndale.

066. City Manager Bruner emphasized the ZBA will be making the decision regarding the use of the First Baptist Church location for SOS offices.

067. Councilwoman Baker promoted two events: The Annual Ferndale Educational Foundation fundraising dinner and silent auction on March 6, 2009 at 7:00 p.m. at Club Venetian in Madison Heights, and the FernCARE fundraising dinner on April 2, 2009 at the Royal Oak Elks Lodge.

068. Councilwoman Gumbleton promoted the Community Foundation Fundraiser, Taste of Ferndale, at Via Nove, February 24, 2009.

069. Moved by Lennon, supported unanimously to adopt Resolution of Condolence for the family of Theodore "Ted" Joseph Lemke.

ADOPTED UNANIMOUSLY

070. Councilman Galloway, noting the Council’s action regarding the possible purchase of the American Legion Hall, commented it would be an ideal location for expanded facilities for the Fire Department, for housing modern equipment and for a regionalized department.

071. Mayor Covey congratulated the DDA for their successes in this down economy. Mayor Covey announced an afterglow party at Howe’s Bayou following the Taste of Ferndale event. Mayor Covey asked Council to consider participating in Earth Hour on March 28, 2009, an event in which cities, including Las Vegas, will turn off their lights for one hour to conserve energy.

11. ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 9:02 p.m.

Craig Covey, Mayor

J. Cherilynn Tallman, City Clerk

ATTACHMENT A

CITY OF FERNDALE

RESOLUTION 2009-057

APPROVING A SPECIAL LAND USE AMENDMENT

Mobil Gas Station, 22500 Woodward Avenue

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 23rd day of February, 2009

The following resolution was moved by Councilman Lennon, and seconded by Councilwoman Baker:

The Ftouni family, owner of Ferndale Mobil Corp, 22500 Woodward, in the City of Ferndale, Oakland County, Michigan, applied for a Special Land Use amendment under Ordinance No. 1004, The Zoning Ordinance, Section 3.04 at 22500 Woodward to allow outdoor storage, one employee and elimination of the "No Left Turn" signs at Ardmore. This service station was originally permitted under a Special Land Use approved in February 1991 and April 1992 and is located on property described as:

SIDWELL NUMBER 25-34-203-003, THE LITTLE FARMS SUBDIVISION LOTS 13, 14 AND 15, COMMONLY KNOWN AS FERNDALE MOBIL, 22500 WOODWARD; and

Copies of the submitted drawings date-stamped February 10, 2009, are available for public review at the Community Development Services Department, City of Ferndale and are attached and made a part of the records of its proceedings; and

On November 20, 2008, after due notice to the public was given as required by State statute, the Planning Commission heard and considered comments from the public. On February 19, 2009, the Commission conducted its review of the Special Land Use request and has recommended approval of the amendment.

IT IS RESOLVED, that the Ferndale City Council specifically finds and determines from the materials and information submitted by the Ftouni family, owner of Ferndale Mobil, 22500 Woodward Avenue and others, that:

The Applicant intends to continue to use the land for the specific uses cited in the Special Land Use permit and amendments previously granted including self-service sales of automobile fuel, automobile related supplies, and beverages, snack food and other household items inside the building.

The proposal will not detract from the desirability of the adjacent and nearby residential or business uses.

The proposal will not erode or reduce the economic viability of existing land use within 2,500 feet of the proposed use.

The proposal will not impose additional service demands upon the City of Ferndale or its anticipated future resources, municipal purposes, and policies of the City of Ferndale.

The proposal furthers and enhances the health, safety, welfare, municipal purposes, and policies, of the City of Ferndale.

All of the conditions assigned to this site would be to further Special Land Use criteria of the Zoning Ordinance which ensures compliance with the Master Plan, compatibility with the surrounding neighborhoods, minimizing impact on utilities and city facilities, and further enhances the health, safety, welfare, and municipal policies of the City. These findings being a requirement of Section 3.04 C, Ordinance No. 1004; and

IT IS FURTHER RESOLVED, that the following conditions continue to be imposed upon this Special Land Use approval, as permitted by Section 3.04, Ordinance No. 1004:

That trash pickup should be limited to the hours of 7:30am and 6:00pm with pickup frequency as needed, but not less than once a week; and

That sign size and characteristics shall be in compliance with the Sign Ordinance enforced at time of sign application for installation, the clip-on signage on the light poles on Woodward and Ardmore is not permitted; and

Any outside speaker systems shall not become offensive and negatively impact upon nearby residential areas; and

Propane tanks must be stored in compliance with the State of Michigan fire prevention code Public Act 207 1941 and the 2006 edition of the International Fire Code; and

Lighting shall be shielded so as to eliminate glare impacting adjacent residential areas. A photometric plan will be submitted before March 5, 2009, and, if necessary, any violation of the Environmental Performance Standards Ordinance will be brought into compliance by June 30, 2009; and

That outside sales be limited to the area on the south elevation, west of the main entrance doors between the west building façade, the building and the bollards, and limited to five feet in height; and

That permitted merchandise shall be limited to items conventionally available for sale at fueling stations, the determination of which shall be left up to the CDS Department; and

That the dumpster either be placed within the fenced area between the sheds or within a new enclosure that meets current Zoning Ordinance requirements; and

That the existing fence and door of the masonry block shed be repainted and maintained in good condition; and

That the site plan is accepted as presented (Exhibit "A") with regard to the existing sheds and their placement as being consistent with the Special Land Use approval; and

That the barbed wire be removed from the existing fence; and

That rooftop HVAC units shall be screened in a manner that they are not visible from below; and

The land use regulated by this Special Land Use Permit shall be developed, occupied, utilized and maintained in strict compliance with the provisions of this Resolution, (including Exhibit "A") and for no other purposes and in no manner whatsoever; and

That outside sales and display be maintained, free of litter and kept in good maintenance; and

The development, utilization and maintenance of the land subject to this Special Land Use Permit shall be in strict conformity with the site plan and Special Land Use approved by the Planning Commission on February 27, 1992, as amended by this Motion; and

That failure upon the part of Ferndale Mobil Corp, its successors, grantees and assigns in any condition of this Special Land Use permit, shall constitute the commission of a nuisance per se under the provisions of the City of Ferndale’s Zoning Code and under the provisions of Act 110 of 2006 as they currently exist or may be subsequently amended; and

IT IS FURTHER RESOLVED, that this Resolution shall be filed with the Oakland County Registrar of Deeds by the City Clerk at the sole expense of the applicant.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: None

RESOLUTION ADOPTED

ATTACHMENT B

CITY OF FERNDALE

RESOLUTION 2009 - 058

AMENDING FORMER ITW WOODWORTH MANUFACTURING SITE BROWNFIELD PLAN

1300 East Nine Mile Road (the "Property")

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 23rd day of February, 2009

The following resolution was moved by Councilwoman Baker, and seconded by Councilman Galloway:

The Brownfield Redevelopment Authority (the "Authority") of the City of Ferndale (the "City"), recommended approval by the City Council of the City ("City Council"), of the Brownfield Plan submitted by NMS of Ferndale Limited Partnership, a Michigan limited partnership, whose address is 32811 Middlebelt Road, Ste. G, Farmington Hills, Michigan 48334 (the "Applicant"), for the former ITW Woodworth Manufacturing site for use as a self-storage facility; and

The Authority has made the following determinations and findings:

A. The Development/Reimbursement Agreement was never executed.

B. This Development/Reimbursement Agreement would have been terminated by the City and FBRA if the Owner did not acquire title to the Property by July 31, 2004.

C. The Owner did not acquire title to the Property.

D. No eligible activities were conducted by the Owner on the Property; and

As a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions (if any), the City Council amends the Plan to authorize no tax capture; and

The City or Authority has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to and fully informed the taxing jurisdictions which are affected by the Plan (the "Taxing Jurisdictions") about the intent to amend the Brownfield Plan.

THEREFORE, BE IT RESOLVED THAT:

1. Plan Amended. Pursuant to the authority vested in the City Council by the Act, the Plan is amended to authorize no tax capture.

2. Severability. Should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid.

3. Repeals. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: None

RESOLUTION ADOPTED

ATTACHMENT C

CITY OF FERNDALE

RESOLUTION 2009-059

AMENDING FORMER ASHMORE TRAILER RENTAL SITE BROWNFIELD PLAN

23131-57 Woodward (the "Property")

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 23rd day of February, 2009

The following resolution was moved by Councilman Galloway, and seconded by Councilwoman Baker:

The Brownfield Redevelopment Authority (the "Authority") of the City of Ferndale (the "City"), recommended approval by the City Council of the City ("City Council"), of the Brownfield Plan submitted by Jason Lewiston for The Woodward Ave Lofts, whose address is 101 West Big Beaver, Suite 101, Troy, Michigan 48084, (the "Applicant") for the former Ashmore site for use as a mixed use commercial/residential facility; and

The Authority has made the following determinations and findings:

The applicant purchased the property and demolished the existing structures; and

TIF funding has been collected but no application for reimbursement was made. (The proposed development is not moving forward and repayment for demolition is not recommended.); and

Conditions in the Brownfield Plan relative to the construction start date (12-31-2006) have not been met; and

As a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions (if any), the City Council amends the Plan to authorize no tax capture; and

The City or Authority has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to and fully informed the taxing jurisdictions which are affected by the Plan (the "Taxing Jurisdictions") about the intent to amend the Brownfield Plan.

THEREFORE, BE IT RESOLVED THAT:

1. Plan Amended. Pursuant to the authority vested in the City Council by the Act, the Plan is amended to authorize no tax capture and to direct the City Assessor to return any captured funds to the appropriate taxing jurisdictions.

2. Severability. Should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid.

3. Repeals. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: None

RESOLUTION ADOPTED

ATTACHMENT D

CITY OF FERNDALE

RESOLUTION 2009 – 060

APPROVING A SPECIAL LAND USE APPLICATION

HAND OF GRACE CHARITABLE ORGANIZATION

NON-PERISHABLE FOOD DISTRIBUTION CENTER – 380 FAIR

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 23rd day of February, 2009

The following resolution was moved by Councilwoman Baker, and seconded by Councilwoman Gumbleton:

Mr. Vince Boji of the Hand of Grace Charitable Organization submitted Special Land Use and Site Plan Review applications to permit a non-perishable food distribution center to be located at 380 Fair under Ordinance No. 1004, The Zoning Ordinance, on property described as:

LOTS 409 TO 419 INCLUD OF SOMERSET SUB, T1N, R11E, ALSO N ½ OF VAC CAMDEN ST ADJ TO SAME, CITY OF FERNDALE, SIDWELL NO. 25-35-376-004, COMMONLY KNOWN AS 380 FAIR; and

The Ferndale Planning Commission did, at a public hearing, held on February 19, 2009, conduct its review of the Site Plan and Special Land Use request and recommends approval of the applications.

THEREFORE, IT IS RESOLVED, that the Ferndale City Council specifically finds and determines from the information submitted by Mr. Vince Boji of Grace Charitable Organization and others, that:

The applicant intends to use the land outlined on the site plan date stamped January 13, 2009 for the specific purpose of a material distribution center; and

The proposal will not detract from the desirability of any residential or business use, provided the conditions hereinafter imposed are complied with; and

The proposal will not erode or reduce the economic viability of existing land use within 2,500 feet of the proposed use, provided the conditions hereinafter imposed are complied with; and

The proposal will not impose additional service demands upon the City of Ferndale or its anticipated future resources, municipal purposes, and policies of the City of Ferndale, provided the conditions hereinafter imposed are complied with; and

The proposal furthers and enhances the health, safety, welfare, municipal purposes, and policies, of the City of Ferndale, provided the conditions hereinafter imposed are complied with; and

These findings being a requirement of Section 3.04 C, Ordinance No. 1004; and

FURTHER, that the following conditions are imposed upon this Special Land Use approval, as permitted by Sections 3.04 C of Ordinance No. 1004, and by PA 110 of 2006, as amended:

All processing and storage shall be conducted within an enclosed building; and

The site shall be maintained free of litter, odors, pests, and any other undesirable materials and shall be cleaned of loose debris on a daily basis; and

Hours of operation shall be limited from 7am to 10pm; and

An attendant shall be on site at all times during business hours; and

Outdoor lighting shall be provided in compliance with the Environmental Performance Standards Ordinance; and

Signage must comply with the Sign Ordinance; and

Access shall be from Fern Street (to the east) only; and

Compliance with Fire Code for ordinary and combustible storage; and

Distribution of food/durable goods shall be restricted to non-profit or wholesale organizations; no direct distribution to consumers or individuals; and

Building appearance, landscaping, and paving shall be upgraded, per the application; and

The land regulated by this Special Land Use Permit shall be developed, occupied, utilized and maintained in strict compliance with the provisions of this Resolution; and

Failure upon the part of Grace Charitable Organization, its successors, grantees and assigns in any condition of this Special Land Use Permit shall constitute the commission of a nuisance per-se under the provisions of the City of Ferndale Zoning Code and under the provisions of P.A. 110 of 2006, as they currently exist or may be subsequently amended.

THEREFORE, IT IS FURTHER RESOLVED, that City Council directs the City Clerk to record this Resolution with the Oakland County Register of Deeds, filing fees to be paid in advance by the applicant.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon

NAYS: None

RESOLUTION ADOPTED

ATTACHMENT E

CITY OF FERNDALE

RESOLUTION 2009 – 061(C)

AUTHORIZING COUNCIL MEMBER TO ATTEND NLC CONFERENCE

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 23rd day of February, 2009

The following resolution was moved by Councilwoman Baker, and seconded by Councilman Galloway:

Section 12-15 (a) of the Ferndale Code of Ordinances prohibits any officer, elected official or employee of the City of Ferndale from using City funds to pay any invoice, bill, expense, or advance for travel or other purpose incurred by or on behalf of any elected official unless such payment shall first be specifically authorized by Resolution of the City Council; and

Section 12-15 (b) of the Ferndale Code of Ordinances further prohibits any elected official or employee of the City of Ferndale from obtaining, attempting to obtain, or to contract for the provision of any goods, services, lodging, accommodations, or transportation in the name of the City of Ferndale unless the same has first been authorized by Resolution of the City Council; and

The City Council has determined that it is in the interests of the City of Ferndale for Council Members Lennon, Gumbleton and Baker to attend the 2009 Annual National League of Cities Congressional City Conference to be held in Washington D.C., from March 14-18, 2009, on behalf of the City of Ferndale.

BE IT RESOLVED, that pursuant to Section 12-15 of the City of Ferndale Code of Ordinances Council Members Lennon, Gumbleton and Baker are authorized to attend the 2009 Annual National League of Cities Congressional City Conference, on behalf of the City of Ferndale, utilizing funds from Account No. 101-101-873. Authorization is submitted for the above named officials to allow for attendance; however actual attendance is subject to change.

IT IS FURTHER RESOLVED that known attendance costs including registration fees, travel and lodging for the City representatives are estimated to be under $6,000.00.

AYES: Mayor Covey, Council Members Baker, Galloway, Gumbleton

NAYS: None

ABSENT: Council Member Lennon

RESOLUTION ADOPTED

ATTACHMENT F

CITY OF FERNDALE

RESOLUTION 2009 – 069

At a Regular Meeting of the City Council of the City of Ferndale, Oakland County, Michigan, held in the Council Chambers at 300 E. Nine Mile Road, Ferndale, Michigan 48220 on the 23rd day of February, 2009

The following Resolution was moved by Councilman Lennon and supported unanimously:

Theodore Joseph Lemke, born October 10, 1939, a retired member of Ferndale’s Finest and father of Ferndale Police Officer Patrick Lemke, passed away February 21, 2009, at the age of 69; and

Ted began his career with the Ferndale Police Department in 1965, received a citation in March 1976 for his part in the apprehension of four armed felons involved in a robbery, became Traffic Control Officer in March 1983, and retired from the Ferndale Police Department in 1996 after 30 years on the force; and

After his retirement he returned to the department as a detective aide from January 1997 to March 2003, and he was a member of the Fraternal Order of Police; and

As a Ferndale Police Officer he was well-known for his professionalism, fairness and patience, and his great sense of humor made working with Ted an assignment his fellow officers enjoyed; and

Ted had an extensive background as an automotive mechanic, was a race car driver in his younger days, and was the best ‘wheel man’ the Ferndale Police Department has ever had; and

Ted was married to his loving wife Patricia for 45 years, was devoted to his children and grandchildren, enjoyed socializing with family and friends, loved the outdoors, especially boating, fishing and waterskiing with the kids, and he was a NASCAR fan; and

Theodore Lemke was pre-deceased by his son Joseph and will be missed by many but especially by his wife Patricia; children Leonard, Nancy (Mark) Isken, and Patrick; grandchildren Nicholas, Mackenzie and Sam; sisters Barbara Charron and Rosemary; and by his brothers of the badge and the many people he influenced during his life; and

THEREFORE, BE IT RESOLVED that we, Ferndale= s elected officials, do hereby extend our Community= s condolences to the family of Theodore Joseph Lemke.

BE IT FURTHER RESOLVED that a copy of this Resolution, duly certified, be forwarded to the family.

ADOPTED UNANIMOUSLY