WORKSESSION OF THE CITY COUNCIL - Grosse Pointe Farms ... · 90 Kerby Road October 9, 2017 7:00 pm...
Transcript of WORKSESSION OF THE CITY COUNCIL - Grosse Pointe Farms ... · 90 Kerby Road October 9, 2017 7:00 pm...
AGENDA OF BUSINESS REGULAR MEETING OF THE CITY COUNCIL
CITY OF GROSSE POINTE FARMS WEDNESDAY, NOVEMBER 15, 2017
The Regular Meeting of the City Council of the City of Grosse Pointe Farms will be held in City Hall on Wednesday, November 15, 2017 at 7:00 p.m.
1. Pledge of Allegiance 2. Receive a report from the Wayne County Board of Canvassers regarding the November 7, 2017 General
Election results. 3. Oath of Office for newly elected Mayor and Councilmembers. 4. Election of Mayor Pro-Tem by City Council. 5. Roll Call 6. Minutes
a. Reading and consideration of the Minutes of the Regular Meeting held on October 9, 2017. 7. Zoning Board of Appeals
a. Reading and consideration of the Minutes of the Zoning Board of Appeals Meeting held August 7, 2017. b. Consideration of a request for a variance for an addition to the residence at 360 McMillan.
8. Public Hearing for the consideration of an amendment to the Sign Ordinance. 9. Consideration of a resolution authorizing the issuance and sale of General Obligation Unlimited Tax Bonds,
Series 2017. 10. Consent Agenda
a. Consideration of a request from Administration to set a public hearing for December 4, 2017 regarding the vacation of a public easement at 306 Provencal Road.
b. Consideration of a request from Administration to set a public hearing for December 4, 2017 regarding an ordinance regulating the possession of replica or facsimile firearms.
c. Consideration of a request from the Finance Director to approve October 2017 invoices. d. Consideration of a request from Beautification Advisory Chair, Lev Wood to appoint Karen Smiley,
87 Cloverly Road to the Beautification Advisory Commission for a term ending November 2020. e. Consideration of a request from Administration to approve a Wayne County Storm Water
Management Permit Application for 360 Moselle Place. f. Approval of payment for legal services.
11. Reports a. Receive quarterly financial report for three months ended September 30, 2017. b. Receive the October 2017 Public Safety Report.
12. Other Business 13. Adjournment
DERRICK KOZICKI
ASSISTANT CITY MANAGER/CITY CLERK
CITY OF GROSSE POINTE FARMS
CITY COUNCIL
REGULAR MEETING MINUTES
90 Kerby Road October 9, 2017 7:00 pm
A regularly scheduled meeting of the City Council for the City of Grosse Pointe Farms was called to order at 7:05 p.m. on Monday, October 9, 2017, by Mayor James Farquhar, at 90 Kerby Road, Grosse Pointe Farms, Michigan.
Present: Mayor James Farquhar, Councilpersons: John J. Gillooly, Therese Joseph, Louis Theros, Joe Ricci, Peter Waldmeir, and Mayor Pro Tem Lev Wood.
Absent: None
Also Present: Messrs; Shane Reeside, City Manager; Derrick Kozicki, City Clerk/Assistant City Manager; Dan Jensen, Director of Public Safety; William T. Burgess, City Attorney; and Mlle. Deborah Peck, City Controller/Treasurer.
Mayor Farquhar led the Pledge of Allegiance.
Council considered the Minutes of the Regular Meeting and Closed Session held on September 11, 2017 and the Special Meeting and Closed Session held on September 25, 2017.
Farquhar moved to approve the Minutes of the Regular Meeting and Closed Session held on September 11, 2017 and the Special Meeting and Closed Session held on September 25, 2017. Motion carried.
Council considered the following two items on the Consent Agenda.
a) Request to schedule public hearing for November 15, 2017 to consider anamendment to the Sign Ordinance.
b) Consideration of a request from the Finance Director to approve September 2017invoices.
Theros moved, Ricci seconded to approve the Consent Agenda. Motion carried.
Council received the October 2017 Public Safety Report.
Council considered a request from Administration to reschedule the November 6, 2017 Regular Meeting to November 15, 2017 due to the City Election on November 7, 2017.
Theros moved, Waldmeir seconded to reschedule the Regular November 6, 2017 Council Meeting to November 15, 2017. Motion carried.
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Council heard public comment from Diane Agnew, 254 Stephens
Mayor Farquhar adjourned the meeting at 7:30 p.m.
____________________________ _____________________________ Derrick Kozicki, City Clerk Mayor James Farquhar, Mayor
CITY OF GROSSE POINTE FARMS
ZONING BOARD OF APPEALS
MEETING MINUTES
90 Kerby Road August 7, 2017 7:00 pm
A meeting of the Zoning Board of Appeals for the City of Grosse Pointe Farms was called to order at 7:53 p.m. on Monday, August 7, 2017, by Chairman James Farquhar, at 90 Kerby Road, Grosse Pointe Farms, Michigan.
Present: Chairman James Farquhar, Members, John J. Gillooly, Therese Joseph, Louis Theros, Joe Ricci, Peter Waldmeir, and Mayor Pro Tem Lev Wood.
Absent: None.
Also Present: Messrs; Shane L. Reeside, City Manager; Derrick Kozicki, City Clerk/Assistant City Manager; Terry Brennan, Director of Public Services; Daniel Jensen, Director of Public Safety; Brian Keesey, City Planner; Chris Cornwall, City Attorney; William Burgess, City Attorney; and Mlle. Debbie Peck, Controller/Treasurer
The Board considered approval of the Minutes of the Meeting held July 10, 2017.
Chairman Farquhar moved to approve the Minutes of the Regular Meeting held July 10, 2017. Motion carried.
The Board considered a request for a variance for a proposed rear yard detached garage at 29 Beverly Road.
The following Exhibits were provided to the Zoning Board of Appeals: A) Memo from Terry Brennan, Public Service Director entitled, “Addition and Alteration, 29 Beverly Road;” B) Letter from John Jackson, City Planner entitled, “29 Beverly: Variance to height of an accessory structure;” and C) Site Plan Application Package; D) Letter from Erik Hagelthorn, Secretary of the Grosse Pointe Farms’ Historic District Commission.
Mr. RC Pascke, property owner gave a brief presentation of the proposal.
Chairman Farquhar stated he was concerned that the garage could become a rental.
Waldmeir asked the applicant if he would agree not to rent the garage.
The applicant stated it would not be rented and the second floor would not have plumbing.
Gillooly indicated he has reviewed the plans and is in favor of granting the variance.
Chairman Farquhar opened public comment at 8:03pm.
Shirley Nagle, 465 Belanger Road stated she wants to make sure the improvements would match the architecture of the neighborhood.
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Waldmeir asked if these concerns have been considered.
Public Services Director, Terry Brennan stated that the Historic District Commission has approved the plans.
Wood motioned, that the appeal of Mr. Richard Paschke of 29 Beverly Road be granted thereby authorizing issuance of a building permit to demolish an existing one-car garage and construct a new two and a half car detached garage in accordance with the submitted Robert Wood and Associates plans dated May 1, 2017. Additional information has been provided to the Board in a report from McKenna Associates dated July 26, 2017 and a copy of an approval letter from Mr. Erik Hagelthron, Secretary of the Grosse Pointe Farms Historic District Commission, dated July 14, 2017.
The Board hereby grants two variances: one, a variance to approve a garage with a storage loft with a proposed height of 20 feet, six inches and, two a variance to approve the construction of the new garage in the rear yar which abuts a street with the following conditions: 1) no plumbing in the second story; and 2) no renting of the building.
Such variances are granted on the basis that:
1. Strict application of the Zoning Ordinance would result in a practical difficulty for the userof the property due to the fact that:
a. The new garage cannot reasonably be located 40 feet away from Fisher Road as perthe Ordinance; and 2) lowering the roof pitch to meet the Ordinance would conflictwith and defeat the purpose of conforming with the Historic District requirements.
2. The variances are in harmony with and serve the intent and purpose of the Ordinancebecause:
a. The variance will not result in increased population density.b. The variance will not adversely affect government services or the character of the
district. In fact, the Historic District Commission recently approved the design of theproposed garage finding that it is in keeping with the intended character of thestructures on the road.
c. The proposed project is in harmony with the predominant type of building in thedistrict. While the pitch of the roof could be reduced, the new garage is designed tobe in harmony with the design of the primary residence and to reduce the pitchwould not be harmonious.
3. The variances will result in substantial justice being done because the garage is intended as areplacement of the existing garage in the rear yard and we find the location to beharmonious and in character with other detached garage structures on this block in terms ofplacement.
4. The proposed variances will not substantially interfere with or injure the rights of personswhose property is affected by the proposed variance and there have been no letters ofobjection received from neighboring property owners
The Board hereby grants the foregoing variances without prejudice or precedence in any future similar appeal. YES: Farquhar, Wood, Gillooly, Joseph, Theros, Ricci and Waldmeir. No: None. Motion carried.
Chairman Farquhar adjourned the Zoning Board of Appeals at 8:10 p.m.
_____________________________ _____________________ Derrick Kozicki, Recording Secretary James Farquhar, Chairman
MEMORANDUM
Date: 16 October 2017
To: Derrick Kozicki, City Clerk/Assistant City Manager
From: Terry Brennan
Subject: Second Floor Addition, Mud Room and Porch Enclosure – 360 McMillan. ______________________________________________________________________________
Mr. Andrew Bayster of 360 McMillan, has submitted plans and an application for a second floor addition, mud room addition and existing covered porch enclosure for the existing home at 360 McMillan Rd., which is located in the R-1 one-family dwelling district.
The proposed construction consists of a second floor addition over the existing covered porch, and expansion of the first floor to include a mud room and the enclosure of the existing covered porch area. This existing home has a rear yard setback of seventeen (17’) feet (minimum thirty (30’) feet required), (which is not in accordance with Section 1300, Schedule of Regulations, of the Zoning Ordinance). Further, the proposed second floor addition will have a twenty-one (21’) foot rear yard setback and the “mud-room” addition will have a rear yard setback of twenty-five (25’) feet respectively, (minimum thirty (30”) feet required), (both of which are not in accordance with Section 1300, Schedule of regulations, of the Zoning Ordinance).
Accordingly, per Section 1502.10 Change of Nonconforming Structure, an existing non-conforming structure may not be structurally altered or extended without the approval of the Board of Zoning Appeals.
In order to proceed and issue a Building Permit, the following variances must be granted by the Board of Zoning Appeals:
1. Approve the second floor addition, mud room addition, and enclosure of existingcovered porch on an existing non-conforming structure.
2. Approve the second floor addition with a 21’ rear yard setback3. Approve the mud-room addition with a 25’ rear yard setback.
Please place the attached request on the next available City Council agenda for review and consideration.
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October 27, 2017
Mr. Shane Reeside City Manager City of Grosse Pointe Farms 17147 Maumee Grosse Pointe, MI 48230
Attention: Board of Zoning Appeals Subject: 360 McMillan: Variance to permit the expansion of a nonconforming structure Zoning: R-1 One-Family Residential District Applicant: Mr. Andy Bayster, Owner
Dear Mr. Reeside,
We have reviewed plans submitted by Mr. Bayster, the owner of 360 McMillan Road, to add a first-floor mudroom and a second-story bathroom addition to the existing home. Currently, the house (including an attached porch structure) encroaches into the required 30’ rear yard by approximately 13 feet. Section 1502.10 of the Grosse Pointe Farms Zoning Ordinance provides standards which allow the alteration or expansion of a nonconforming structure, but the existing home does not achieve these standards. Therefore, the request put forth is to permit the alteration of a nonconforming structure, requiring a variance to the standards of Section 1502.10 of the Zoning Ordinance.
Additionally, a variance is required for the proposed first- and second-story additions, which will encroach into the rear yard, although not further horizontally than the existing encroachment.
Mr. Bayster has submitted a variance application for the proposed improvements.
Existing Conditions The subject site is located on McMillan Rd, just southeast of the intersection of Williams Ave., Moran Rd., and McMillan Rd. Due to the unique angles at which these roads intersect, several properties near the crossroads have angled rear yards which restrict the developable area based on the required yard setbacks. The subject house and the home directly adjacent to the northeast were both placed in closer proximity to the rear lot line than is permitted by the current Zoning Ordinance.
The subject home is compliant with the front and side yard setbacks. The porch at the northern corner of the house is considered part of the primary structure and is approximately 17 feet from the rear lot line, an encroachment of 13 feet. There is a bay window protruding from the rear of the home, which complies with the rear yard setback requirement.
The table below describes the existing conditions, and the effect of the proposed expansion on the conformity of the primary structure.
City of Grosse Pointe Farms Board of Zoning Appeals: 360 McMillan Variance Review October 27, 2017 | Page 2
VARIANCE REQUEST The applicant is seeking the following variances, pursuant to the Zoning Ordinance:
Section 1502.10: Change of Nonconforming Structure. (a) Use is permitted in District. Complies. (b) Any accessory building conforms to requirements. Not applicable (c) Total area does not exceed maximum percentage of lot coverage in district. Complies. (d) Existing nonconforming building does not encroach more than 20% into required rear yard. The
existing nonconforming structure encroaches into the rear yard by 43.3% (13’ out of the required 30’). For the existing structure to meet this requirement, it should only encroach into the rear yard by six (6) feet. Since the structure cannot meet this standard, a variance is required to expand the structure in any direction, even if the expansion conforms to the district requirements.
Section 1300: Rear yard setback in R-1 District. The rear yard setback in the R-1 District is 30’; the proposed second-story addition will encroach on the required rear yard by approximately nine (9) feet at the closest corner, and the first-floor mudroom will encroach by approximately five (5) feet at its closest corner. In both cases, the new additions will not expand the existing nonconformity horizontally; the existing porch remains the largest encroachment.
VARIANCE COMMENTS Per Section 1702 of the Zoning Ordinance, the BZA must find that “practical difficulty” has been demonstrated and make findings regarding several factors prior to acting on a proposed variance. Additional information brought forward by the Board, the applicant, and/or during the public hearing should be incorporated into the record prior to the Board making any determination.
The Ordinance outlines the following criteria for consideration in determining a variance. Our comments follow:
1. The variance must be in harmony with and serve the intent and purpose of the Ordinance, consideringthe following:
a. The extent of the variance in relation to the requirement. The existing structure encroaches bynearly 47%, more than double the permitted encroachment to expand the nonconformingstructure. The proposed addition, however, will not expand the maximum encroachmenthorizontally (toward the property that shares the rear lot line). The second-story addition willencroach the rear setback by approximately 30% at the nearest corner, and approximately17% at the other near corner.
STANDARD Requirement Existing Conditions
Proposed Expansion
Compliance
Area 5,000 sq.ft. 6,359 sq.ft. Yes – No change Width 50’ min. 75’ Yes – No change Front
Setback 25’ or Avg. Approx. 25’ Yes – No change
Side Setback 4’/14’ 17’/37’ Yes – No change Rear
Setback 30’ 17’ No – No further
encroachment Coverage 35% max. Approx. 23% Approx. 24% Yes
Height 30’ and 2.5 stories
2 stories No overall change; height changes in rear setback
No – Requires variance
City of Grosse Pointe Farms Board of Zoning Appeals: 360 McMillan Variance Review October 27, 2017 | Page 3
b. The effect, if the varianceis allowed, of theincreased populationdensity produced onavailable governmentalfacilities and on thecharacter of the district.The variances will notproduce an increasedpopulation density, nor willit require additionalgovernment resources.
c. Whether the proposedbuilding is in harmony withthe predominant type ofbuilding in the district interms of size, character,location, and intended use. The applicant’s narrative states the adjacent homes have rear-yard additions to their homes, many of which are two (2) stories. We find this statementaccurate, although the homes immediately adjacent have single-story additions. The height ofthe structure, after the proposed addition, will be no higher than is customary in theneighborhood. Lot coverage will not change substantially with the addition, and will remainwell below the allowable threshold in the R-1 District due to the property’s large side yardsetbacks.
The use of the structure will remain single-family in nature. The existing porch will beenclosed as a result of the proposed improvements – an allowable change without a variance.We find the proposed alterations in keeping with the residential character enjoyed by nearbyproperties along McMillan and Moran.
2. The variance must result in substantial justice being done, considering the public benefits intended tobe secured by this Ordinance, the hardships or difficulties suffered if a variance is not granted, andwhether the hardship or difficulty can be obviated by some method other than a variance. Theproperty is functional in its current form as a single-family dwelling. However, as noted above, thedifficulties caused by the angled rear property line limit the potential to expand the structure within thedesignated building envelope, even though the footprint of the structure does not cause concern interms of overall lot coverage.
The proposed locations for the additions make sense in terms of utilizing existing structure footprint,and should result in a structure that is not substantially more impactful to adjacent neighbors. Thesecond story, tiered away from the rear property line, should help alleviate the perception of asignificant second-story encroachment at the rear property line.
3. The variance will not substantially interfere with or injure the rights of persons whose property isaffected by the proposed variance. The proposed addition will not impact the properties adjacent tothe northwest or southeast on McMillan, as there is significant distance between the addition and theadjacent property lines.
The property to the rear of the subject property is most susceptible to negative impacts as a result ofthe requested variances. We do not anticipate any negative impact from the first-floor mudroomaddition since the added encroachment will be shielded from the neighbor by the porch footprint. The
City of Grosse Pointe Farms Board of Zoning Appeals: 360 McMillan Variance Review October 27, 2017 | Page 4
second-story addition has been designed to minimize the expansion of the structure in the required setback, and will be 20 feet from the rear property line, an encroachment of ten (10) feet. We find the 8-foot deep second story addition to be the minimum necessary to provide an additional livable interior space.
RECOMMENDATION Based on the analysis in this review, we find it appropriate to consider granting a variance to expand a nonconforming structure with a larger rear-yard encroachment than is allowed by ordinance. The structure is appropriately placed in all regards besides the rear setback, there is more than adequate area available on the property in terms of maximum lot coverage, and the irregular shape of the specific property contributes to the large encroachment.
Further, we find the proposed building additions appropriate in terms of accommodating amenities similar to the surrounding homes in the district. The location and character of the additions are appropriately placed to minimize the expansion of the nonconformities. Additionally, we do not believe the plan will introduce significant detrimental impacts to the adjacent property owners.
The proposed plans support the spirit of the Ordinance for the R-1 Single-Family Residential District. Subject to the results of the public hearing, we recommend the ZBA grant the requested variances to Sections 1502.10(d) and 1300 of the Grosse Pointe Farms Zoning Ordinance.
If you have further questions, please do not hesitate to contact us.
Respectfully submitted,
McKENNA ASSOCIATES
John R. Jackson, AICP Brian Keesey, AICP President Senior Planner
cc: Terry Brennan, Director of Public Services Derrick Kozicki, City Clerk / Assistant City Manager
CITY OF GROSSE POINTE FARMS
WAYNE COUNTY, MICHIGAN
CODE NO. 11-09 – AMENDMENT TO SIGN ORDINANCE
Ordinance No. ___
AN ORDINANCE TO AMEND ORDINANCE NO. 193, ENTITLED "AN ORDINANCE TO REGULATE SIGNS."
The City of Grosse Pointe Farms Ordains:
Section 1. Section 6 of the Sign Ordinance, Code No. 11-09, Ordinance No. 193, is hereby amended and restated in its entirety as follows:
Section 6. Unsafe Signs; Dilapidated Signs. All signs shall be securely and adequately fastened and anchored. Single strand wires, wood plugs or other structurally unsafe materials are prohibited in the erection or maintenance of any sign. All signs shall be properly maintained, and any sign that falls into disrepair (in whole or in part) or, due to age, wear or neglect, becomes (in whole or in part) dilapidated or decayed, shall be repaired or removed.
Section 2. Section 8 of the Sign Ordinance, Code No. 11-09, Ordinance No. 193, is hereby amended and restated in its entirety as follows:
[Note: Section 8(1) is unchanged]
Section 8. Signs in Residential and in Community Service and Recreation Districts. In residential districts and in community service and community recreation districts, identification and announcement signs are permitted as follows:
(1) For principal uses other than residences:
(a) one permanent identification sign and one bulletin or announcement board, each not to exceed thirty-two (32) square feet in area and not to exceed six (6) feet in overall height;
(b) in connection with the occurrence of any upcoming event or community activity, and upon receipt of a permit issued by the Director of Public Service (application for which shall be made on a form prescribed by the City), one (or more, if permitted by the Director of Public Service for good cause shown) temporary announcement sign not to exceed twenty-four (24) square feet in area and not to exceed four (4) feet in overall height, and such sign(s) shall not be maintained for a duration of more than seven (7) days;
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(c) no sign or bulletin or announcement board permitted herein shall contain any visible moving parts or be illuminated by other than continuous indirect white light. (2) For principal uses that are residential: (a) one permanent sign identifying a security or alarm provider, not to exceed one (1) square foot in area, and located within five (5) feet of the principal residential structure; (b) one temporary "For Sale," "For Rent" or "General Contractors" sign, not to exceed six (6) square feet in area, advertising only the premises on which erected, and not to be maintained on the premises more than five (5) days after the property has been sold, rented or the construction completed; (c) temporary political signs (pertaining to a candidate or other matter(s) to be considered by the voters at an upcoming election) not to exceed six (6) square feet in area. Political signs shall not be maintained on the premises sooner than thirty (30) days prior to the election for which the signs are erected nor later than five (5) days after the date of such election. The owner or resident of the property on which the sign is erected shall be responsible for the removal of such signs; (d) one announcement sign not to exceed six (6) square feet in area; (e) any sign permitted under subsections (2)(b), (2)(c) and (2)(d) herein shall be located (i) at least six (6) feet away from the nearest point of any public sidewalk or other public right of way (provided that if the principal residential structure is within twelve (12) feet of the applicable sidewalk or other public right of way, then the sign may be located away from the sidewalk or other public right of way at least half the distance to the principal residential structure), and (ii) in a manner so as not to interfere with necessary sight lines that could imperil vehicular traffic or cyclists properly utilizing nearby pubic rights of way; (f) no sign permitted under subsections (2)(a) through (2)(d) herein shall contain any visible moving parts or be illuminated in any manner, and Sections 2 through 5 of this Ordinance are not applicable to such signs.
Section 3. Severability. If any provision of this Ordinance shall be held invalid, the remainder of the Ordinance shall not be affected thereby. Section 4. Effective Date. This Ordinance shall take effect twenty (20) days after its enactment or upon its publication, whichever is later.
Enacted: November __, 2017
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At a rescheduled regular meeting of the City Council of the City of Grosse Pointe Farms,
Wayne County, Michigan, held on November 15, 2017.
PRESENT: ___________________________________________________________________
___________________________________________________________________
ABSENT: ___________________________________________________________________
The following resolution was offered by ____________________ and supported by
_____________________:
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION UNLIMITED TAX BONDS, SERIES 2017
WHEREAS, the City of Grosse Pointe Farms (the “City”) is the defendant in the
following lawsuits filed against the City in the Wayne County Circuit Court as a result of
flooding that occurred in the City on May 25, 2011 and September 9-10, 2011: Sinclair v Grosse
Pointe Farms, Case No. 11-011115-NZ, Cholody v Grosse Pointe Farms, Case No. 11-015209-
NZ, Citizens Ins Co of America v Grosse Pointe Farms, Case No. 12-001426-NZ, Auto-Club v
Grosse Pointe Farms et al., Case No. 12-011965-NZ, Allison v Grosse Pointe Farms, Case No.
13-007151-NZ, Stonisch v Grosse Pointe Farms, Case No. 13-007152-NZ, Abraham v Grosse
Pointe Farms, Case No. 13-007154-NZ, Bourbeau v Grosse Pointe Farms, Case No. 13-007156-
NZ, Church Mutual v Grosse Pointe Farms, Case No. 13-008221-NZ, Bishai v Grosse Pointe
Farms, Case No. 15-003124-NZ, Bertetto v Grosse Pointe Farms, Case No. 15-009673-NZ, Sine
v Grosse Pointe Farms, Case No. 15-012280-NZ, Kaczmarek v Grosse Pointe Farms, Case No.
15-012309-NZ, Citizens v Grosse Pointe Farms, Case No. 15-012339-NZ, Brunke v Grosse
Pointe Farms, Case No. 15-012986-NZ, and Wolfington v Grosse Pointe Farms, Case No. 15-
013176-NZ (collectively, the “Litigation”); and
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WHEREAS, plaintiffs in the Litigation and the City have reached a settlement with
respect to the claims in the Litigation, and pursuant to an order of the Wayne County Circuit
Court entered on September 29, 2017, the Court preliminarily approved a Class Action
Settlement Agreement (the “Settlement Agreement”), which provides that if the Court approves
the Settlement Agreement following a Final Fairness Hearing (as defined in the Settlement
Agreement) on December 6, 2017, the Court, at the request of counsel for the plaintiffs, will
enter a Final Consent Judgment (as defined in the Settlement Agreement) that, among other
things, will approve the Settlement Agreement and order the City to pay to the plaintiffs from
the proceeds of a municipal bond the sum of $4,000,000 within three days of receiving the bond
proceeds, in exchange for a full release by the plaintiffs of all claims against the City in the
Litigation (the foregoing required payment to the plaintiffs is hereinafter referred to as the
“Judgment Amount”); and
WHEREAS, the City is authorized by Section 6097 of Act 236, Public Acts of Michigan,
1961, as amended (“Act 236”), to issue bonds for the purpose of raising money to pay the
Judgment Amount and paying the costs of issuing such bonds, and the City Council has
determined that it is in the best interest of the City to issue bonds under Section 6097 of Act 236
for such purpose.
NOW, THEREFORE, BE IT RESOLVED:
1. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the City, aggregating
the principal sum of not to exceed Four Million One Hundred Thousand Dollars ($4,100,000)
(the “Bonds”) shall be issued and sold pursuant to the provisions of Section 6097 of Act 236, and
other applicable statutory provisions, for the purpose of raising money to pay the Judgment
Amount and paying the costs of issuing the Bonds. The City Manager or the City
Controller/Treasurer shall determine the principal amount of the Bonds at the time of sale.
2. BOND DETAILS. The Bonds shall be designated “General Obligation Unlimited
Tax Bonds, Series 2017;” shall be dated as of the date of delivery thereof; shall be numbered
from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any
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integral multiple thereof not exceeding the aggregate principal amount for each maturity at the
option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6.00% per
annum to be determined by the City Manager or the City Controller/Treasurer at the time of sale
payable on such dates as shall be determined by the City Manager or the City
Controller/Treasurer at the time of sale; and shall mature in such principal amounts and on such
dates and in such years as shall be determined by the City Manager or the City
Controller/Treasurer at the time of sale.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on
the Bonds shall be payable in lawful money of the United States. Principal shall be payable upon
presentation and surrender of the Bonds to the bond registrar and paying agent as they severally
mature. Interest shall be paid to the registered owner of each Bond as shown on the registration
books at the close of business on the fifteenth day of the calendar month preceding the month in
which the interest payment is due. Interest shall be paid when due by check or draft drawn upon
and mailed by the bond registrar and paying agent to the registered owner at the registered
address.
4. PRIOR REDEMPTION. The Bonds shall be subject to redemption prior to
maturity, if so determined by the City Manager or the City Controller/Treasurer at the time of sale,
upon such terms and conditions as may be determined by the City Manager or the City
Controller/Treasurer.
5. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity
of the Bonds, in the aggregate amount of such maturity, shall be issued in the name of Cede &
Co., as nominee of The Depository Trust Company (“DTC”) for the benefit of other parties (the
“Participants”) in the book-entry-only transfer system of DTC. In the event the City determines
that it is in the best interest of the City not to continue the book-entry system of transfer or that
the interests of the holders of the Bonds might be adversely affected if the book-entry system of
transfer is continued, the City may notify DTC and the bond registrar and paying agent,
whereupon DTC will notify the Participants of the availability through DTC of bond certificates.
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In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond
certificates as requested by DTC and any Participant or “beneficial owner” in appropriate
amounts in accordance with this Bond Resolution. DTC may determine to discontinue providing
its services with respect to the Bonds at any time by giving notice to the City and the bond
registrar and paying agent and discharging its responsibilities with respect thereto under
applicable law or the City may determine that DTC is incapable of discharging its duties and
may so advise DTC. In either such event, the City shall use reasonable efforts to locate another
securities depository. Under such circumstances (if there is no successor securities depository),
the City and the bond registrar and paying agent shall be obligated to deliver bond certificates in
accordance with the procedures established by this Bond Resolution. In the event bond
certificates are issued, the provisions of this Bond Resolution shall apply to, among other things,
the transfer and exchange of such certificates and the method of payment of principal of and
interest on such certificates. Whenever DTC requests the City and the bond registrar and paying
agent to do so, the City and the bond registrar and paying agent shall cooperate with DTC in
taking appropriate action after reasonable notice to make available one or more separate
certificates evidencing the Bonds to any Participant having Bonds certificated to its DTC account
or to arrange for another securities depository to maintain custody of certificates evidencing the
Bonds.
Notwithstanding any other provision of this Bond Resolution to the contrary, so long as
any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to the principal of, interest on and redemption premium, if any, on the Bonds and all notices with
respect to the Bonds shall be made and given, respectively, to DTC as provided in the Blanket
Issuer Letter of Representations previously entered into by the City and DTC, and the City
Manager is authorized to execute such additional documents with DTC as deemed to be
appropriate in order to accomplish the issuance of the Bonds in accordance with law and this
Bond Resolution.
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6. BOND REGISTRAR AND PAYING AGENT. U.S. Bank National Association
is hereby appointed as bond registrar and paying agent for the Bonds, and the City Manager is
authorized to enter into an agreement with the bond registrar and paying agent. The City
Manager from time to time may designate, and may enter into an agreement with, a successor
bond registrar and paying agent, which shall be a bank or trust company located in the State of
Michigan which is qualified to act in such capacity under the laws of the United States of
America or the State of Michigan.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The Bonds
shall be executed in the name of the City by the facsimile signatures of the Mayor and the City
Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the City (or a facsimile thereof) shall be impressed or
imprinted on the Bonds. After the Bonds have been executed and authenticated for delivery to
the original purchaser, they shall be delivered by the City Controller/Treasurer to the purchaser
upon receipt of the purchase price. Additional Bonds bearing the facsimile signatures of the
Mayor and the City Clerk and upon which the seal of the City (or a facsimile thereof) is
impressed or imprinted may be delivered to the bond registrar and paying agent for
authentication and delivery in connection with the exchange or transfer of the Bonds. The bond
registrar and paying agent shall indicate on each Bond the date of its authentication.
8. EXCHANGE AND TRANSFER OF BONDS. Any Bond, upon surrender thereof
to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond
registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at
the option of the registered owner thereof, may be exchanged for Bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate
of interest as the surrendered Bond.
Each Bond shall be transferable only upon the books of the City, which shall be kept for
that purpose by the bond registrar and paying agent, upon surrender of such Bond together with a
6
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed
by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any Bond, the bond registrar and paying agent on behalf
of the City shall cancel the surrendered Bond and shall authenticate and deliver to the transferee
a new Bond or Bonds of any authorized denomination of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered Bond. If, at the time
the bond registrar and paying agent authenticates and delivers a new Bond pursuant to this
section, payment of interest on the Bonds is in default, the bond registrar and paying agent shall
endorse upon the new Bond the following: “Payment of interest on this bond is in default. The
last date to which interest has been paid is __________.”
The City and the bond registrar and paying agent may deem and treat the person in whose
name any Bond shall be registered upon the books of the City as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such Bond and for all other purposes, and all payments made to any
such registered owner, or upon his order, in accordance with the provisions of Section 3 of this
Bond Resolution shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid, and neither the City nor the bond registrar and
paying agent shall be affected by any notice to the contrary. The City agrees to indemnify and
save the bond registrar and paying agent harmless from and against any and all loss, cost, charge,
expense, judgment or liability incurred by it, acting in good faith and without negligence
hereunder, in so treating such registered owner.
For every exchange or transfer of Bonds, the City or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by
the person requesting such exchange or transfer as a condition precedent to the exercise of the
privilege of making such exchange or transfer.
7
The bond registrar and paying agent shall not be required to transfer or exchange Bonds
or portions of Bonds which have been selected for redemption.
9. FORM OF BONDS. The Bonds shall be in substantially the following form:
8
UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE
CITY OF GROSSE POINTE FARMS GENERAL OBLIGATION UNLIMITED TAX BOND,
SERIES 2017
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL ISSUE
CUSIP
Registered Owner:
Principal Amount:
The City of Grosse Pointe Farms, County of Wayne, State of Michigan (the “City”), acknowledges itself indebted to, and for value received hereby promises to pay to, the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at the corporate trust office of U.S. Bank National Association, Detroit, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolutions identified below, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue specified above, or such later date through which interest has been paid, until the City’s obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first days of __________ and __________ in each year, commencing on _____________, 201__. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.
This bond is one of a series of bonds aggregating the principal sum of ________________________________ Dollars ($__________) issued by the City under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Section 6097 of Act No. 236, Public Acts of 1961, as amended) and a resolution adopted by the City Council of the City and an order executed by the ______________ of the City (collectively, the “Resolutions”) for the purpose of raising money to pay a judgment against the City and paying the costs of issuing the bonds. The City is authorized and required to levy annually ad valorem taxes, without limitation as to rate or amount, to pay the principal of and interest on the bonds of this series as the same shall become due.
9
This bond is transferable, as provided in the Resolutions, only upon the books of the City kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolutions, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds
or portions of bonds which have been selected for redemption.
MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and
accrued interest as follows: Redemption Date
Principal Amount of Bonds to be Redeemed
(REPEAT IF MORE THAN ONE TERM BOND) Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by
lot.
10
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to _____________, __________, are not subject to redemption prior to maturity. Bonds maturing on and after _____________, __________, are subject to redemption prior to maturity at the option of the City, in such order as shall be determined by the City, on any one or more dates on and after _____________, __________. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows:
__% of the par value if called for redemption on or after __________, ____, but prior to __________, ____;
No premium if called for redemption on or after __________, ____.
Not less than thirty days notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the City, including the series of bonds of which this bond is one, does not exceed any constitutional, statutory or charter limitation.
IN WITNESS WHEREOF, the City of Grosse Pointe Farms, County of Wayne, State of Michigan, by its City Council, has caused this bond to be executed in its name by facsimile signatures of the Mayor and the City Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent.
CITY OF GROSSE POINTE FARMS
(SEAL)
By:_______________________________ By:_________________________________ City Clerk Mayor
11
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolutions. U.S. Bank National Association Bond Registrar and Paying Agent
By: ____________________________ Authorized Representative
AUTHENTICATION DATE:
12
ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto __________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint ______________ _________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: _______________ _______________________________ Signature Guaranteed: _______________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
END OF BOND FORM
13
10. SECURITY. The Bonds shall be unlimited tax general obligations of the City.
There shall be levied upon all taxable property in the City upon the tax roll of the year 2018 and
upon the tax roll of each year thereafter while any of the Bonds are outstanding, an amount such
that the estimated collections therefrom will be sufficient to promptly pay at maturity the
principal and interest maturing on the Bonds prior to the time of the following year's tax
collections. Taxes required to be levied to pay such principal and interest shall be levied without
limitation as to rate or amount.
11. DEFEASANCE. In the event cash or direct obligations of the United States or
obligations the principal of and interest on which are guaranteed by the United States, or a
combination thereof, the principal of and interest on which, without reinvestment, come due at
times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional
redemption, the principal of, premium, if any, and interest on the Bonds, shall have been
deposited in trust, this Bond Resolution shall be defeased and the owners of the Bonds shall have
no further rights under this Bond Resolution except to receive payment of the principal of,
premium, if any, and interest on the Bonds from the cash or securities deposited in trust and the
interest and gains thereon and to transfer and exchange bonds as provided herein.
12. PRINCIPAL AND INTEREST FUND. There shall be established for the Bonds
a Principal and Interest Fund. From the proceeds of the sale of the Bonds there shall be set aside
in the Principal and Interest Fund any accrued interest received from the original purchaser at the
time of delivery of the same. All payments made by the City pursuant to Section 10 of this Bond
Resolution are pledged for the payment of the principal of and interest on the Bonds and as made
shall be placed in the Principal and Interest Fund, and so long as the principal or interest on the
Bonds remain unpaid, no moneys shall be withdrawn from such fund except to pay such
principal and interest.
13. PAYMENT FUND. The remainder of the proceeds of the sale of the Bonds shall
be set aside in a payment fund and used solely to pay the Judgement Amount and the costs of
issuing the Bonds. Any unexpended balance of the proceeds of the sale of the Bonds remaining
14
in the payment fund after payment of the Judgment Amount and the costs of issuing the Bonds
shall be deposited in the Principal and Interest Fund established by Section 12 hereof.
14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the
Bonds shall be subject to permission being granted therefor by the Department of Treasury of the
State of Michigan as provided in Act 34, Public Acts of Michigan, 2001, as amended, and the
Mayor or the City Manager is authorized and directed, if necessary, to make application to the
Department of Treasury for permission to issue and sell the Bonds as provided by the terms of this
Bond Resolution.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS.
The Bonds shall be sold pursuant to a negotiated sale to Fifth Third Securities, Inc. (the
“Underwriter”) as hereinafter provided, and it is hereby determined that such negotiated sale is in
the best interest of the City, is calculated to provide the maximum flexibility in pricing the Bonds
and is the most cost effective and efficient way to sell the Bonds.
The City Manager and the City Controller/Treasurer are each authorized to determine the
principal amount of the Bonds to be sold and to enter into a Bond Purchase Agreement with the
Underwriter, which shall be approved in the Sale Order (as hereinafter defined). The City
Manager or the City Controller/Treasurer shall execute an order at the time of sale of the Bonds
(the “Sale Order”) which shall set forth the principal amount of the Bonds, principal maturities
and dates, interest rates and interest payment dates, redemption provisions, if any, purchase price
to be paid by the Underwriter, and compensation to be paid to the Underwriter, as well as such
other terms and provisions as the City Manager or the City Controller/Treasurer determines to be
necessary or appropriate in connection with the sale of the Bonds. The Mayor, the City
Manager, the City Clerk, the City Controller/Treasurer and other appropriate City officials are
each authorized to execute and deliver to the Underwriter such certificates and documents as the
Underwriter or bond counsel shall require and to do all things necessary to effectuate the sale,
issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this
Bond Resolution. In making the determination in the Sale Order with respect to principal
15
maturities and dates, interest rates, purchase price of the Bonds and compensation to be paid to
the Underwriter, the City Manager and the City Controller/Treasurer shall be limited as follows:
(a) The interest rate on any Bond shall not exceed 6.00% per annum.
(b) The final maturity date of the Bonds shall not be later than October 1, 2032.
(c) The purchase price of the Bonds shall not be less than 98.00% of the principal
amount thereof.
(d) The Underwriter’s discount with respect to the Bonds or the compensation to be
paid to the Underwriter shall not exceed 0.35% of the principal amount of the Bonds.
(e) The Wayne County Circuit Court shall have entered an order approving the Final
Consent Judgment and such order shall be in full force and effect.
16. REPLACEMENT OF BONDS. Upon receipt by the City Clerk of proof of
ownership of an unmatured Bond, of satisfactory evidence that the Bond has been lost,
apparently destroyed or wrongfully taken and of security or indemnity which complies with
applicable law and is satisfactory to the City Clerk, the City Clerk may authorize the bond
registrar and paying agent to deliver a new executed Bond to replace the Bond lost, apparently
destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding
matured Bond is lost, apparently destroyed or wrongfully taken, the City Clerk may authorize the
bond registrar and paying agent to pay the Bond without presentation upon the receipt of the
same documentation required for the delivery of a replacement Bond. The bond registrar and
paying agent, for each new Bond delivered or paid without presentation as provided above, shall
require the payment of expenses, including counsel fees, which may be incurred by the bond
registrar and paying agent and the City in the premises. Any Bond delivered pursuant to the
provisions of this Section 16 in lieu of any Bond lost, apparently destroyed or wrongfully taken
shall be of the same form and tenor and be secured in the same manner as the Bond in
substitution for which such Bond was delivered.
17. TAX COVENANT. The City covenants to comply with all applicable
requirements of the Internal Revenue Code of 1986, as amended (the “Code”), necessary to
16
assure that the interest on the Bonds will be and will remain excludable from gross income for
federal income tax purposes. The Mayor, the City Manager, the City Clerk, the City
Controller/Treasurer and other appropriate City officials are authorized to do all things necessary
(including the making of such covenants of the City as shall be appropriate) to assure that the
interest on the Bonds will be and will remain excludable from gross income for federal income
tax purposes.
18. QUALIFIED TAX EXEMPT OBLIGATIONS. The Bonds are hereby designated
as “qualified tax exempt obligations” as described in Section 265(b)(3)(B) of the Code.
19. OFFICIAL STATEMENT; CONTINUING DISCLOSURE. The City Manager is
authorized to cause the preparation of an official statement for the Bonds for the purpose of
enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as
amended (the “Rule”), by the Underwriter and shall do all other things necessary to enable
compliance with the Rule by the Underwriter. After the award of the Bonds, the City will
provide copies of a “final official statement” (as defined in paragraph (f)(3) of the Rule) on a
timely basis and in reasonable quantity as requested by the Underwriter to enable the
Underwriter to comply with paragraph (b)(4) of the Rule and the rules of the Municipal
Securities Rulemaking Board.
The Mayor and the City Clerk are hereby authorized to execute and deliver in the name
and on behalf of the City (i) a certificate of the City to comply with the requirements for a
continuing disclosure undertaking of the City pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate
(the certificate and any amendments thereto are collectively referred to herein as the “Continuing
Disclosure Certificate”). The City hereby covenants and agrees that it will comply with and
carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the City to comply with and carry out the provisions of the Continuing Disclosure
Certificate shall be as set forth therein.
17
20. PROFESSIONAL SERVICES. The following are appointed to act in the
following capacities with respect to the Bonds:
As registered municipal advisor: Bendzinski & Co., Municipal Finance Advisors Detroit, Michigan
As Underwriter: Fifth Third Securities, Inc. Detroit, Michigan
As bond counsel: Dickinson Wright PLLC Detroit, Michigan
21. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are hereby rescinded.
YEAS: ________________________________________________________
________________________________________________________
NAYS: ________________________________________________________
RESOLUTION ADOPTED.
18
STATE OF MICHIGAN ) )SS
COUNTY OF WAYNE )
I hereby certify that the foregoing is a true and complete copy of a resolution duly
adopted by the City Council of the City of Grosse Pointe Farms, Wayne County, Michigan, at a
rescheduled regular meeting held on November 15, 2017, the original of which resolution is on
file in my office. I further certify that notice of said meeting was given in accordance with the
provisions of the open meetings act.
____________________________________ City Clerk City of Grosse Pointe Farms
Troy 90409-9 1944145v1
10C
MEMORANDUM
Date: 23 October 2017
To: Derrick Kozicki, City Clerk/Assistant City Manager
From: Terry Brennan
Subject: Wayne County Permit, 360 Moselle, Tennis House
Please be advised, Wayne County Department of Public Service requires a “Maintenance of Storm Water Management” permit for the proposed Tennis House project at 360 Moselle.
The City is required to obtain required permit, hold jurisdiction and accept responsibility for the maintenance of the storm water management system and ensure the system functions in accordance with the approved design.
Under the separate subdivision agreement, continued maintenance of this storm water management system is the responsibility of the property owner/s.
Please place this on the next available City Council agenda.
10E
10F
/ IN ACCOUNT WITH
' DJCKINSONrv-RIGHTPLLC
CITY OF GROSSE POINTE FARMS 90 KERBY ROAD GROSSE PTE. FARMS, Ml 48236
ATTN: SHANEL. REESIDE, CITY MANAGER
CLIENT/MATTER NO.: 004439-00001
'RE: GENERAL
PRIVILEGED AND CONFIDENT/AL
FOR PROFESSIONAL SERVICES THROUGH SEPTEMBER 30, 2017 ·
500 WOODWARD AVENUE, SUITE 4000
DETROIT, MICHIGAN 48226-3425
TELEPHONE: (313) 223-3500
http://www. dickinsonwright. com
FEDERAL l.D. #38-1364333
INVOICE DATE: OCTOBER 5, 2017 INVOICE NO.: 1199658
!EJcopy
USD
TOTAL FEES CURRENT INVOICE ................................ ~ .............. . $ 11,496.50
TOTAL DISBURSEMENTS CURRENT INVOICE .................................... . $ 599.20 ------TOTAL CURRENT INVOICE ..•..............•............•.....•................ $ 12,095.70
Mai/To: Dickinson Wright PLLC 2600 W Big Beaver Suite 300 Troy, Ml 48084
ACH Instructions: JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 072 000 326 Account# 38852
Please Reference Invoice Numbers
~~~---~~
JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 021 000 021 Swift Code: CHASUS33 (International) Account# 38852 Please Reference Invoice Numbers
/ IN ACCOUNT WITH .. .. . .
DI<::KINSONfVRIGHTPLLC.
CITY OF GROSSE POINTE FARMS 90 KERBY ROAD GROSSE PTE. FARMS, Ml 48236
ATTN: SHANEL. REESIDE, CITY MANAGER
CLIENT/MATTER NO.: 004439-00008
RE: MAY 2011 CLASS ACTION
PRIVILEGED AND CONFIDENTIAL
FOR PROFESSIONAL SERVICES THROUGH SEPTEMBER 30, 2017
500 WOODWARD·AVENUE, SUITE 4000
DETROJT,- MIC-HIGAN ·48226--342·5· TELEPHONE: (3_13) 223-3500
http: I !wWw. dick ins' on wright.com
FEDERAL l.D. #38-1364333
INVOICE DATE: OCTOBER 5, 2017 INVOICE NO.: 1199659
[E]COPY
TOTAL FEES CURRENT INVOICE ............................................... . $
USO
32,981.75
TOTAL DISBURSEMENTS CURRENTINVOICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 1~,7_1_1_.4_4_
TOTAL CURRENT INVOICE..................................................... $ 34,693.19 -----~--
Mail To: Dickinson Wright PLLC 2600 W Big Beaver Suite 300 :. Troy, Ml 48084
' *"Terms: Due and Pa able U A CH Instructions:
JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 072 000 326 Account# 38852
Please Reference Invoice Numbers
JP Margan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 021 000 021 Swift Code: CHASUS33 (lntematianal) Account# 38852 Please Reference Invoice Numbers
CITY OF GROSSE POINTE FARMS 90 KERBY ROAD GROSSE PTE. FARMS, Ml 48236
ATIN: SHANEL. REESIDE, CITY MANAGER
CLIENT/MATIER NO.: 004439-00009
RE: SEPTEMBER 2011 CLASS ACTION
- .. ---·---·-5 o-o-w-onuw A R-U-AVENUE';"""SVITE 4-0 oo-D ETRO.IT, MICHIGAN 48226-3425
TELEPHONE: (313) 223-3500
http://www. dickinsollwright. com
FEDERAL I.D. #38-1364333
INVOICE DATE: OCTOBER 5, 2017 INVOICE NO.: 1199660
[BCOPY
PRIVILEGED AND CONFIDENTIAL
FOR PROFESSIONAL SERVICES THROUGH SEPTEMBER 30, 2017 USO
TOTAL FEES CURRENT INVOICE................................ . . . . . . . . . . . . . . . . $ 17,382.50
TOTAL CURRENT INVOICE..................................................... $ ·-~~17.,.,3~8~2-~so_
Mail To: Dickinson Wright PLLC 2600 W. Big Beaver Suite 300 Troy, Ml 48084
Ill ''. •••Terms: Due and Pa able U
ACH Instructions: JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 072 000 326 Account# 38852
Please Reference Invoice Numbers
JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number. 021 000 021 Swift Code: CHASUS33 (International) Account# 38852 Please Reference Invoice Numbers
./ IN ACCOUNT WITH
DICKINSON~RIGHTFLLC ..
CITY OF GROSSE POINTE FARMS 90 KERBY ROAD GROSSE PTE. FARMS, Ml 48236
ATIN: SHANEL. REESIDE, CITY MANAGER
CLIENT/MATIER NO.: 004439-00017
RE: GENERAL PROPERTY TAX MATTERS
PRIVILEGED AND CONFIDENTIAL
500 WOODWARD AVENUE, SUITE 4000
DETROIT, ·MICHIGAN 48226-3425
TELEPHONE: (31~) 223-3500
h ttP: I /www_: di c·ki n~so·n w rl g ht :c 0 m
FEDERAL 1.D. #38-1364333
INVOICE DATE: OCTOBER 5, 2017 INVOICE NO.: 1199661
ffiJCOPY
FOR PROFESSIONAL SERVICES THROUGH SEPTEMBER 30, 2017 USO
TOTAL FEES CURRENT INVOICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 332.50 -------TOTAL CURRENT INVOICE..................................................... $ ~--...;3;.;;3;;;;2.,;;.50;....
Mail To: Dickinson Wright PLLC 2600 W: Big Beaver Suite 300 Troy, Ml 48084
ACH Instructions: JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 072 000 326 Account# 38852
Please Reference Invoice Numbers
JP Morgan Chase Bank N.A. 28660 Northwestern Highway Southfield, Ml 48034 ABA Number: 021 000 021 Swift Code: CHASUS33 (lntemational) Account# 38852 Please Reference Invoice Numbers
11A
City of Grosse Pointe Farms
Quarterly Financial Report
For the Three Months Ended September 30, 2017
• Quarter End Highlights
• Statement of Revenue and Expenditures - Budget and Actual
• Investment Listing -Type, Location, Rate, and Maturity Date
GENERAL FUND
REVENUE
QUARTER END HIGHLIGHTS
SEPTEMBER 30, 2017
• Revenue for the 1st quarter is up 0.42% as a percentage of budget when compared to last year.
• Building permit revenue totaled $85,157 vs. $30,372 for the same period last year. The increase in revenue to date is due to a number of large construction projects permitted during this quarter. It should be noted that due to the anticipated construction activity, the 2017-18 budget for this line item was increased $10,000. Currently, we are on pace to meet or exceed this budget with over 65% collected in this first quarter alone.
• Charges for services were down 1.27% when compared to last year. This budget category is only at 10.11% of the budget due to the timing of receivables, including boat mooring fees and the Wayne County sewage lease which are not billed until later in the fiscal year. This is consistent with prior years and we expect this category to meet budgeted levels.
• State Shared Revenue payments for this fiscal year will be received beginning November 1st. At this time, we expect those payments to be in line with our budgeted revenue.
EXPENDITURES
• Expenditures for the l 5t quarter are up 1.18% as a percentage of budget when compared to last year.
• Transfers to the Debt Service fund for bond principal and interest payments, totaling $484,128, w ere made in the first quarter this year. This transfer was done during the second quarter last year, due to the timing of the bond payment. This transfer represents 3.4% of the total budget. Without that transfer, we would be at 19% of budget, below prior year.
• Pier park budget expenditures reflect seasonal expenditures in line with last year's expenditures.
• Public works function collectively is at 17% of budget.
PRELIMINARY JUNE 30, 2016 RESULTS
• Preliminary financial results for the fiscal year ended June 30, 2017, show General Fund revenues coming in over expenditures by approximately $69,600. The total fund balance is estimated at $5,209,176, which compares to $5,139,558 last year. The Unassigned fund balance is estimated at$ 3.99 million or 28% of the Genera l Fund Budget.
COMMENTS
• Overall the General fund revenues and expenditures to date appear in line with the budget, when taking into consideration timing differences and seasonal expenditures and when compared to the same period last year.
WATER/SEWER FUND
• Utility bill revenue is down for the first quarter compared to last year by approximately $480,000. The first quarter consumption in 2016-2017 was considerably higher than the previous three years. This quarter's consumption reflects usage levels closer to historical averages. We have budgeted for the sale of 61.5 million cubic feet of water in the 2017-2018 fiscal year. During the first quarter, 18.6 million cubic feet was billed. We will continue to closely monitor our actual consumption to our budget estimate.
10/27/2017 10 : 38 AM User : DPECK
REVENUE AND EXPENDITURE REPORT FOR GROSSE POINTE FARMS
DB : Grosse Pointe Farms
GL NUMBER
Fund 101 - GENERAL Revenues 4010 4500 5010 5390 574 0 6000 6550 6640 67 1 0 6950
TOTAL REVENUES
Expenditures 136.000 170. 000 3 00. 000 335 . 000 370 . 000 4 40 . 000 44 5 . 000 528. 000 530 . 000 751. 001 751. 002 850 . 000 890 . 000 965 . 000
TOTAL EXPENDITURES
Fu n d 101 - GEN ERAL : TOTAL REVENUES TOTAL EXPENDITURES
DESCRIPTION
TAXES LICENSES & PERM ITS FEDERAL GRANTS STATE GRANTS STATE REVENUE SHARI NG CHARGES FOR SERVICES FINES AND FORFEITS I NTEREST AND RENTS OTHER REVENUE OTHER FINANCING SOURCES
COURT GENERAL GOVERNMENT PUBLIC SAFETY - POLICE PUBLIC SAFETY - FIRE PUBLIC SERVICE PUBLIC WORKS DRAINS RUBBISH COLLECTION LEAVES PARKS & REC . - PIER PARK PARKS & REC . - KERBY FIELD OTHER FUNCTIONS CONTINGENCY TRANSFERS OUT
NET OF REVENUES & EXPENDI TURES
PERIOD ENDING 09/30/2017
END BALANCE 2017-18 06/30/2017 AMENDED BUDGET
10 , 197 , 228. 77 465 , 172 . 09 10 , 279 . 67 12 , 935 . 05
835 , 548 . 01 1 , 739 , 435 . 36
387 , 632 .85 8 , 0 90 .72
242 ,5 62 . 03 0 . 00
10, 355 , 000 . 00 485 , 550 . 00
0 . 00 12 , 000 . 00
799 , 500 . 00 1 , 671 , 150 . 00
415 , 200 . 00 95 , 000 . 00
1 95 , 00 0. 0 0 200 , 000 . 00
YTD BALANCE 09/ 30/2017
10 , 14 4, 2 12 . 42 184, 589 . 7 4
0 . 00 0 . 00
8 ,465 . 05 1 68 ,877 .41
85 , 492 . 72 25 , 609 .8 3 10 ,760 . 57
0 . 00
13,8 98 , 884 . 55 14 , 228 , 400 . 00 10 ,628, 007 . 74
291 , 354 . 52 972 , 182 . 25
4, 178 , 535 . 84 437 , 084 . 34 492 , 719 . 71 510 , 095 . 52
11 , 37 6. 38 1, 121 , 212 . 27
188 , 582 . 57 1, 267 , 574 . 77
22 , 835 . 69 2 , 166, 681.21
47 , 723 . 74 2 , 121 , 304 . 69
13 , 829 , 263.50
13 , 898 , 884 . 55 13 , 829 , 263 . 50
69 ,621.05
309 , 730 . 00 98 2 , 910 . 00
4 , 2 42 , 660 . 00 486 , 530 . 00 479 , 460 . 00 600,210 . 00
17 , 190 . 00 1 , 110 , 260 . 00
199 , 300 . 00 1 , 348 , 510 . 00
35 , 810 .00 2 , 180 , 500 . 00
51 , 000 . 00 2 , 184 , 330 . 00
14 , 228 , 400 . 00
14 , 228 , 400 . 00 14 , 228 , 400 . 00
0 . 00
72 , 356 . 96 219 , 23 4. 43 98 7 , 013 . 98
97 , 540 . 05 104 , 820 . 72 107 , 937 . 14
3 ,1 05 . 1 4 215 , 519 . 02
3 , 500 . 00 3 97 , 189 . 33
3 , 222 . 97 78 , 642 . 82
9,533 . 06 894 , 160 . 16
3 , 193 , 775 . 78
10 , 628 , 007 . 74 3 , 193 , 775 . 78
7 , 434 , 2 31.96
ACTIVITY FOR MONTH
09 /30/17
0 . 00 77,681 . 50
0 . 00 0 . 00
8 , 465 . 05 87 , 512 . 62 23 , 639 . 28
6 , 600 . 00 4 , 9 4 6 .44
0 . 00
208 , 844 . 8 9
25 , 370 . 71 67 , 070 . 80
332 , 416 . 07 34,8 45 . 22 39,355 . 61 10 , 653 . 58
1 , 155 . 04 100,723 . 42
3 , 500 . 00 107 , 646 . 58
915 . 78 50 , 544 . 76
130 . 64 894 , 160 . 16
1 , 668 , 488.37
208 , 844 . 89 1,668,488.37
(1 , 459 , 64 3 . 48)
Page : 1/1
AVAILABLE BALANCE
210 ,787 . 58 300 , 960 . 26
0.00 12 , 000 . 00
791 , 034 . 95 1,502, 272 . 59
329 , 707 . 2 8 69 , 390 . 17
184 , 239 . 43 200 , 000 . 00
3 , 600,392 . 26
237,373.04 763 , 675 . 57
3 , 255 ,646 . 02 388 , 989 . 95 374 , 639 . 28 4 92 , 272 . 86
14 , 084. 86 89 4 ,7 40 . 98 195 , 800.00 951 , 320.67
32 , 587 . 03 2 , 101 , 857 . 18
41 , 466.94 1 , 290 , 169 . 84
11 , 034 , 624 . 22
3 , 600,392 . 26 11,034,624 .22
(7 , 434 , 2 31.96)
% BDGT USED
97 . 96 38 . 02
0 . 00 0 . 00 1.06
10 . 11 20 . 59 26 . 96
5 . 52 0 . 00
7 4. 70
23 . 36 22 . 30 23 . 26 20 . 05 21. 86 17 . 98 18 . 06 19 . 41
1. 76 29 .4 5
9 . 00 3 . 61
18 . 69 40.94
22 . 45
74 . 70 22 . 45
100 .00
CITY OF GROSSE POINTE FARMS
QUARTERLY INVESTMENT REPORT
SEPTEMBER 2017
INT. PRINCIPAL MATURITY
LOCATION RATE AMOUNT DATE
GENERAL FUND
CD 'S
LEVEL ONE BANK 1.050% $ 101,996.98 3/5/2018
CRESTMARK BANK 1.350% 250,708.90 12/11/2017
THE PRIVATE BANK 1.100% 257,627.07 12/14/2017
KEY BANK 5.600% 100,000.00 10/11/2017
HUNTINGTON BANK 0.150% 123,736.54 10/31/2017
FLAGSTAR BANK 0.800% 156,294.40 11/16/2017
FLAGSTAR BANK 0.900% 203,507.83 11/30/2017
CHASE 0 .150% 58,383.20 12/5/2017
NORTHERN TRUST 0.245% 118,156.85 4/22/2018
NORTHERN TRUST 0 .295% 126,981.57 10/23/2018
JP MORGAN CHASE MBS 1.800% 250,000.00 11/18/2021
MONEY MARKET
HUNTINGTON BANK 0.120% 73,217.93 N/A
HUNTINGTON BANK 0.350% 900,658.64 N/A
MICHIGAN CLASS/MBIA 1.180% 145,995.77 N/A
CHEM ICAL BANK 0.150% 100,834.20 N/A
5/3 BANK 0.770% 74,113.19 N/A
COM ERICA 0.250% 100,903.28 N/A
HUNTINGTON BANK 0.200% 241,396.41 N/A
FLAGSTAR BANK 0 .800% 1,723,177. 11 N/A
GOV'T BONDS
FNMA MBS 1.250% 250,000.00 2/26/2020
FHLB MBS 1.250% 250,000.00 2/26/2021
FNMA MBS 2.000% 250,000.00 2/24/2028
FHLB 5/3 1.000% 500,000.00 5/25/2021
FH LB 5/3 1.050% 100,000.00 11/23/2021
FFCB 5/3 1.920% 70,000.00 4/19/2022
FHLB 5/3 2.000% 570,000.00 8/15/2031
FHLM 5/3 2.000% 870,944.57 11/15/2032
$ 7,968,634.44
CITY OF GROSSE POINTE FARMS
QUARTERLY INVESTMENT REPORT
SEPTEMBER 2017
INT. PRINCIPAL MATURITY
LOCATION RATE AMOUNT DATE
LOCAL STREETS
CD'S
TCF NATIONAL BANK MBS 0.900% 50,000.00 6/29/2018 JP MORGAN CHASE MBS 1.250% 28,000.00 7 /27 /2022
$ 78,000.00
INSURANCE RETENTION
CD'S
TCF NATIONAL BANK MBS 0 .750% $ 100,000.00 12/29/2017
MONEY MARKET
M ICHIGAN CLASS/MBIA 1.180% 111.21 N/A
$ 100,111.21
CAPITAL FUND
CD'S
TCF NATIONAL BANK MBS 0.900% 50,000.00 6/29/2018
WELLS FARGO MBS 1.250% $ 345,000.00 7/1/2019
$ 395,000.00
WATER FUND
MONEY MARKET
HUNTINGTON BANK 0.050% $ 18,740.42 N/A
$ 18,740.42
TAX FUND
MONEY MARKET
COMERICA 0.970% $ 20,518.68 N/A
TOTAL INVESTMENTS $ 8,618,485.59