City of

City of Allen Park

Council Minutes of January 14, 2003

Mayor King called the me eting to order at 7:30 p.m. Roll Call showed present Councilpersons Babbage, Bowdell, Burtka, Rossman, Tertzag, Tucci and Mayor King. Also present was City Attorney Kruse and City Administrator Welch.

State Representatives William O’Neil and Ja me s Plakas, along with Administrative Aid (for State Representative Hubbard) George Hart introduced themselves and updated the Council of their intent to assist the city with any problems they may incur.

MOTION by Bowdell

SUPPORTED by Tucci

Resolved, that the Agenda for January 14, 2003 be approved as a mended.

MOTION ADOPTED

MOTION by Tucci

SUPPORTED by Rossman

Resolved, that the Minutes of November 26, 2002 be approved as presented.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Bowdell

Resolved, that Claims and Accounts in the amount of $2,956,966.23 be approved for pay me nt,

MOTION ADOPTED

MOTION by Rossman

SUPPORTED by Bowdell

Resolved, to refer the nominations for City Commissions to the Council Administrative Committee.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, to accept, with regret and appreciation of service, the resignation of Parks and Recreation Commissioner Donald Fish.

MOTION ADOPTED

MOTION by Rossman

SUPP0RTED by Tucci

Resolved, to pay the request for Senior Alliance Match FY2003, in the amount of $2,350 (101/935/892),

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Tucci

Resolved, to adjust the ti me of the January 21, 2003 Council Meeting as follows:

7:00 p.m. Council Work Session

8:30 p.m. Regular Council Meeting

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, that Ilea Fatelea is appointed to the position of Police Officer, subject to physical and psychological examinations and probationary period.

MOTION ADOPTED

MOTION by Tucci

SUPPORTED by Rossman

Resolved, that the request for a Block Party on Angelique be approved.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Bowdell

Resolved, that the application from Nick Jurj, for a Curbside Pickup License be approved.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Tucci

Resolved, that the City Administrator be authorized to request RFP’s for a Construction Manager for the proposed Recreation Complex.

MOTION ADOPTED

Mr. Welch explained about the incorrect information printed in the Detroit News

MOTION by Bowdell

SUPPORTED by Tucci

Resolved, to concur with the City Administrator to adopt a schedule for 2003-04 Budget Requests and authorize 0% overall budget increases.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Tertzag

Resolved, that the company of Troy and Banks be designated as the company to do a utility audit for the city’s utilities.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Bowdell

Resolved, that City Administrator Kevin Welch is given approval to accept the MML position on the Transportation, Infrastructure and Environ me ntal Affairs Committee.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, that Assistant Building Inspector David Boo me r be given a salary adjust me nt of three percent (3%), this increase was overlooked when the Appointee’s Wage Schedule was adopted.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Rossman

Resolved, to adjourn to Zoning Board of Appeals.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, to approve the request for a Parking Variance at 6551 Allen Road .

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, to reconvene as City Council.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

BE IT RESOLVED, that the Petitioner be allowed to combine the following described parcels of real property:

Lot 67, ALLEN BUSINESS PARK SUBDIVISION, Town 3 South, Range 1

East, Liber 61, Page 43, Wayne County Records.

S.I.D. 30-028-01-0067-000

Lot 70 and Westerly ½ of the adjacent vacated alley, ALLEN BUSINESS PARK SUBDIVISION, Liber 61, Page 43, Wayne County Records.

S.I.D. 30-028-01-0070-000

That part of fractional section 14, T.3 S.,R.10 E. described as beginning at a point

on the Easterly line of Allen Road distant S25°56’55”W.283.30 feet and S.26°30’15”

W. 818.10 feet from the intersection of said Easterly line and the South line of Moore

Avenue and proceeding thence S.63°29’45” E. 303.65 feet thence S.00°08’52” E.

173.30 feet thence N.89°48’32”W. 200.0 feet thence S.28°38’40” W. 56.50 feet thence

N.63°29’45” W. 200.0 feet to the Easterly line of Allen Road thence N.26°30’15”E. along said line 300.0 feet to the point of beginning 2.07 acres.

S.I.D. 30-028-99-0023-000

That part of fractional section 14 T.3 S.,R.10 E. described as beginning at a point on the

Easterly line of Allen Road distant S.25°56’55”W. 283.30 feet and S.26°30’15”W. 1118.10 feet from the intersection of said Easterly line and the South line of Moore Ave.

and proceeding thence S.26°30’15” W. along said Easterly line 98.70 feet thence S.63°

29’45”E. 110.0 feet thence S.26°30’15” W. 20.0 feet thence N.63°29’45”W. 110.0 feet

thence S.26°30’15”W. along the Easterly line of Allen Road 40.0 feet thence S.63°29’ 45” E. 98.65 feet thence S.89°48’32”E. along the North line of Midway Avenue 123.0 feet thence N.00°08’52” W.116.6 feet thence N.63°29’45”W. 156.8 feet to the point of beginning 0.62 acre.

S.I.D. 30-028-99-0024-000

That part of fractional section 14, T.3S.,R.10 E. described as beginning at a point on the

North line of Midway Avenue distant S.89°48’32”E. 233.06 feet from the Easterly

line of Allen Road and proceeding thence S.89°48’32”E along said North line 90.0

feet thence N.00°08’52”W. 150.0 feet thence N.89°08’32”W. 19.82 feet thence

S.28°38’40”W. 56.5 feet thence N.63°29’45”W. 43.2 feet thence S.00°08’52”E. 116.6 feet to the point of beginning 0.28 acre.

S.I.D. 30-028-99-00025-000

and that the Petitioner is granted permission to split the parcel of real propertyso combined into the following described parcels:

Parcel 1

That part of the North ½ of Fractional Section 14, T.3 S.,R 10 E., City of Allen Park , Wayne County, Michigan, described as:

Beginning at the intersection of the North line of Midway Avenue (86’ wide) and the Easterly line of Allen Road (120’ wide), said point also being the Southwesterly corner of Lot 67 of Allen Business Park Subdivision as recorded in Liber 61, Page 43 of Wayne County Records; thence N.26°30’15”E. a record distance of 507.48’, me asured as 508.14’ along said Easterly line; thence a record bearing and distance of S.63°29’45”E. 303.65’, me asured as S.63°51’59”E. 306.66’ to a point on the Westerly line of Duke of Gloucester Subdivision; thence a record bearing and distance of S.00°08’52”E. 173.30’, me asured as S.00°12’00”E. 171.34’ along said Westerly line; thence N.89°48’32” W. 180.00’; thence N.61°10’11” W. 13.39’ thence S.56°06’42” W.66.29’; thence S.27°00’20”W. 36.28’; thence N.62°59’40” W. 3.50’; thence S.27°00’20” W. 24.75’; thence N.62°59’40” W. 30.69’; thence S.00°11’28” W. 80.23’ to a point on the said Northerly line of Midway Avenue; thence N.89°48’32” W. 197.47 along said Northerly line to the point of beginning. Containing 2.697 acres, subject to the rights of the public and any govern me ntal unit in any part thereof taken, used, or deeded for street, road, or highway purposes and all ease me nts and restrictions of record, or otherwise, if any.

c/k/a 9901 Allen Road

Parcel 2

That part of the North ½ of fractional Section 14,T.3 S., R. 10 E., City of Allen Park , Wayne County, Michigan, described as:

Com me ncing at the intersection of the North line of Midway Avenue (86’ wide) and the Easterly line of Allen Road (120’ wide), said point also being the Southwesterly corner of Lot 67 of Allen Business Park Subdivision as recorded in Liber 61, Page 43 of Wayne County Records; thence S.89°48’32” E. 197.47’ along said North line to the point of beginning; thence N.00°11’28” E. 80.23’; thence S.62°59’40” E. 30.69’; thence N.27°00’20” E. 24.75’; thence S.62°59’40” E. 3.50’; thence N.27°00’20” E. 36.28’; thence N.56°06’42” E. 66.29’; thence S.61°10’11” E. 13.39’; thence S.00°08’52” E. 150.00’ to a point on said North line; thence N.89°48’32” W. 125.59’ along said North line to the point of beginning. Containing 0.328 acres. Subject to the rights of the public and any govern me ntal unit in any part thereof taken, used, or deeded for street, road, or highway purposes and all ease me nts and restrictions of record, or otherwise, if any.

c/k/a 18700 Midway

BE IT FURTHER RESOLVED, that the Petitioner pay for the filing fees.

MOTION ADOPTED.

MOTION by Tertzag

SUPPORTED by Burtka

Resolved, to authorize the refinancing of General Obligation Bonds – DDA Refunding Bonds, Series 2003 and instruct the Mayor and City Clerk to sign.

RESOLUTION APPROVING SALE OF

CITY OF ALLEN PARK

DOWNTOWN DEVELOPMENT

REFUNDING BONDS, SERIES 2003 (LIMITED TAX GENERAL OBLIGATION)

THE CITY OF ALLEN PARK

COUNTY OF WAYNE , MICHIGAN

__________________________________________

Minutes of a regular me eting of the City Council of the City of Allen Park, County of Wayne, Michigan, (the “City”), held on the 14th day of January, 2003 at 7:30 o’clock p.m., Eastern Standard Ti me .

PRESENT: Members: Babbage, Bowdell, Burtka, Rossman, Tertzag, Tucci, King

ABSENT: Members: None

The following preamble and resolution were offered by Member Tertzag and supported by Member Burtka.

WHEREAS, by resolution adopted on November 12, 2002 (the “Bond Resolution”) the City authorized not to exceed $2,500,000 Downtown Develop me nt Refunding Bonds, Series 2003 (Limited Tax General Obligation), (the “Bonds”) for the purpose of refunding all or a portion of the City’s 1992 Downtown Develop me nt Bonds, Series A and B and its 1995 Downtown Develop me nt Bonds (the “Prior Bonds”); and

WHEREAS, the City has received an offer to purchase the Bonds from Fifth Third Securities, Inc. (hereinafter the “Underwriter”), and has determined that it is in the best interests of the City to accept the offer.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The offer of the Underwriter as set forth in the proposed bond purchase agree me nt (the “Bond Purchase Agree me nt”) presented to this Council to purchase the Bonds in the principal amount and at a purchase price as set forth in the Bond Purchase Agree me nt plus accrued interest, if any, is hereby accepted and the Mayor and City Clerk are each authorized and directed to execute and deliver the Bond Purchase Agree me nt on behalf of the City.

2. The Bonds shall be dated as of the date of their delivery, shall be designated City of Allen Park Downtown Develop me nt Refunding Bonds, Series 2003 (Limited Tax General Obligation), and shall mature on September 1st of each year and bear interest as shown on Exhibit A to the Bond Purchase Agree me nt. The Bonds of this issue shall be subject to redemption prior to maturity as set forth in the Bond Purchase Agree me nt.

3. National City Bank of Michigan/Illinois, Troy , Michigan is hereby approved as Transfer Agent for the Bonds and to act as escrow agent under the escrow agree me nt by and between the City and said bank (the “Escrow Agree me nt”).

4. Upon delivery of the Bonds the accrued interest, if any, shall be deposited in the Debt Retire me nt Fund for the Bonds and the balance shall be used as follows. A sum presently estimated to be $75,383.89 shall be used to pay the costs of issuance of the Bonds including legal fees, underwriter’s discount, verification fees, transfer agent fees, rating fees and other costs associated with the issuance of the Bonds. The sum of $2,338,595.51 from the bond proceeds, together with the sum of $64,208.75 from funds lawfully available therefore shall be paid to National City Bank of Michigan/Illinois, Troy, Michigan (in this capacity the “Escrow Agent”) acting as Escrow Agent pursuant to the Escrow Agree me nt and held by it as cash to be used to redeem the Prior Bonds on March 1, 2003 and March 1, 2004 as provided in the Bond Purchase Agree me nt It is presently estimated that the sum of $2,402,804.26 is sufficient for the pay me nt of principal and interest. In the event said sum is insufficient for this purpose the City shall pay over to the transfer agent for the Prior Bonds such sums as are necessary to refund the Prior Bonds. Any balance of the proceeds of the Bonds remaining shall be deposited in the Debt Retire me nt Fund established for the Bonds. The providing of notice of redemption by the transfer agent for the prior bonds be and is hereby ratified and confir me d. The Mayor and City Clerk are each directed to execute and deliver the Escrow Agree me nt in behalf of the City substantially in the form as presented to this Commission.

5. The Officers, agents and employees of the City are authorized to take all other actions necessary and convenient to facilitate sale of the Bonds including the execution of any certificate or docu me nt necessary to effect the transactions contemplated hereby including any certificate or docu me nt necessary to effectuate the purchase of a policy of bond insurance to insure the Bonds.

6. All prior resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the sa me hereby are rescinded.

AYES: Members: Babbage, Bowdell, Burtka, Rossman, Tertzag, Tucci, King

NAYS: Members: None

RESOLUTION DECLARED ADOPTED.

MOTION by Tucci

SUPPORTED by Rossman

Resolved, to approve the request for the Fire Inspector to attend the Juvenile Arson Conference in Midland , Michigan . (101-340-960)

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Babbage

Resolved, that approval is given for the Fire Inspector to attend the Michigan Fire Inspectors Society 2003 Winter Training Seminar in East Lansing , Michigan .

MOTION ADOPTED

MOTION by Tucci

SUPPORTED by Tertzag

Resolved, that the Director of Public Service be authorized to prepare specifications and advertise for bids for a Combination Sewer Jet/Vactor Machine.

MOTION ADOPTED

Mr. Gahry, Director of Public Service gave a report on the Water Distribution Leak Detection Program.

MOTION by Babbage

SUPPORTED by Rossman

Resolved, to give permission to solicit bid proposals to create a larger locker room/restroom facility for female officers, results to be expected in sixty (60) days or less.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Burtka

Resolved, that the Assistant Building Inspector is given permission to attend the Spring Educational Conference of the Building Officials Conference of Michigan.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved to adjourn to Executive Session for the purpose of Union Negotiations.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Tertzag

Resolved, to reconvene as City Council.

MOTION ADOPTED

MOTION by Tucci

SUPPORTED by Burtka

Resolved, that because of many differences between the Fire Union and City and interpretation of language in the collective bargaining agree me nt regarding the position of Fire Marshall the City will not pursue its option to change the current position of Fire Inspector to Fire Marshall.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Babbage

Resolved, that the me eting be adjourned at 9:45 p.m.

MOTION ADOPTED

___________________________ ___________________________

Mayor Levon G. King City Clerk Beverly J. Kelley

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