HomeMy WebLinkAboutCOUNCIL MINUTES 1998-04-22 30903
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 22, 1998, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, John J
Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, and Jack Engebretson
Absent: Joe Laura
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, Michael T Slater, Director of Finance,
John Fegan, Director of Inspection, Robert J Beckley, Director of Public Works, and
Mary Rutan, Personnel Director
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#292-98 RESOLVED, that the minutes of the 1,366th Regular
Meeting of the Council of the City of Livonia, held April 8, 1998, are
hereby approved as submitted.
There was no audience communication at this time
Mayor Kirksey announced that Thursday, April 23, 1998, is "Bring your
Daughter/Son to Work" day At 9.00 a m. in the auditorium at City Hall, a talk about
things that are part of the world of work is scheduled, with treats afterward.
Councilmember Brosnan announced that the 24th Annual Livonia Prayer
Breakfast is scheduled for May 14, 1998 at 7 15 a.m at Burton Manor Wally Bronner
(Bronner's in Frankenmuth) is the featured speaker this year She also gave an update
on Barbara Feenstra, wife of former Councilmember Fernon P Feenstra. Barbara is
doing much better and is no longer in the Critical Care Unit at U of M Hospital
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A communication from the Engineering Division, dated April 16, 1998, re
status of the Hillcrest Court Development Project, located at Five Mile and Spanich
Court, on the east side of Kroger, was received and placed on file for the information of
the Council
Communications from the Engineering Division, dated April 16, 1998 and
April 21, 1998, re status of the Pines of Winfield Subdivision were received and
placed on file for the information of the Council
On a motion by Duggan, seconded by Vandersloot, it was
#293-98 RESOLVED, that having considered a communication from
the City Assessor, dated April 6, 1998, approved for submission by the
Mayor, with regard to a request from Sam Baki of Baki's Unique Home
Builders, 36700 Seven Mile, Livonia, Michigan 48152, for the proposed
division and combination of Tax Item Nos. 46-019-99-0016-002, 46-019-
99-0016-003, 46-019-99-0017-000 and 46-019-99-0019-000, located
north of Seven Mile and east of Newburgh Road, into four parcels, the
Council does hereby refer this item to the Committee of the Whole for its
report and recommendation
#294-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 30, 1998, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, the Council does hereby accept
the bid of International Building Products, Inc., 11990 Mayfield Avenue,
P 0 Box 510717, Livonia, Michigan 48151-6717, for supplying the
Department of Parks and Recreation with bathroom partitions for
Botsford, Clements Circle and Shelden Pools in the amount of$30,052 00
and for screens at Botsford and Clements Circle Pools in the amount of
$1,610 00, for the total amount of $31,662 00, the same having been in
fact the lowest and only bid received and meets specifications
#295-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 24, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which sets forth Water and Sewer Board resolution WS
3218 3/98, the Council does hereby determine to accept the bids of
Nankin Sand, 39740 Cherry Hill Road, Canton, Michigan 48187, which
meet specifications, for supplying the Public Service Division (Water
Maintenance Section) with topsoil at the unit bid price of $6 90 per yard
delivered and $4 90 per yard for pickup, FURTHER, in the event the
lowest bidder is unable to furnish the material, the Council hereby
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determines to accept the second low bids of Wolverine Contractors, Inc.,
P 0 Box 760026, Lathrup Village, Michigan 48076, which also meet
specifications, as an alternate for supplying the Public Service Division
(Water Maintenance Section) with topsoil at the unit bid price of$7 39 per
yard delivered and $6 75 per yard for pickup
#296-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 31, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Wm.
F Sell & Son, Inc., 16555 S Telegraph Road, Taylor, Michigan 48180, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) all purpose 4WD tractor with quick attach/detach loader and
60" tiller for a net price of $14,526 00, based on a total price of
$15,746 00 less trade-ins of$1,220 00, the same having been in fact the
lowest bid received which meets all specifications, and the bid of
Wolverine Power and Equipment Company is hereby rejected for the
reasons indicated in the attachment.
#297-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 24, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Burke Equipment Company, 36000 Mound Road, P 0 Box 8010, Sterling
Heights, Michigan 48311-8010, for supplying the Public Service Division
(Road Maintenance Section) with three (3) trailer-mounted leaf collectors
for a net price of$50,215 00, based on a total price of$52,215 00 less
trade-ins of$2,000 00, the same having been in fact the lowest and only
bid received and meets specifications
#298-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 24, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Red
Holman Pontiac-GMC, 35300 Ford Road, Westland, Michigan 48185, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) 10 ft. walk-in van for a net price of$29,560 00, based on a
total price of$30,560 00 less trade-ins of $1,000 00, the same having
been in fact the lowest bid received and meets all specifications.
#299-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 25, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Motor City Ford Trucks, 39300 Schoolcraft Road, Livonia, Michigan
48150, for supplying the Public Service Division (Equipment Maintenance
Section) with one (1) 1998 cab and chassis (complete with installed 10-12
yard dump body and hoist, tailgate salt spreader, underbody scraper
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blade, truck hydraulic system, and front snowplow hitch with snowplow)
for a net price of$104,890 00, based on a total price of $111,990 00 less
trade-ins of $7,100 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Wink Chevrolet
Co is hereby rejected for the reasons indicated in the attachment.
#300-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 26, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan
49345, for supplying the Public Service Division (Equipment Maintenance
and Fox Creek Golf Course Sections) with three (3) 4-wheel drive
hydraulic mowers for a net price of $81,516 00, based on a total price of
$94,101 00 less trade-ins of$12,585 00, the same having been in fact the
lowest bid received and meets all specifications.
#301-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 3, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of three (3) 1998 John Deere 6X4 Gators from Commercial
Lawnmower, 34955 Plymouth Road, Livonia, Michigan 48150, for a net
price of $17,973 45, based on a total price of $18,573 45 less trade-ins of
$600 00, the same to be expended from funds already budgeted for this
purpose in the Public Service Division Equipment Maintenance Account
No 101-446-987-000 and Idyl Wyld Golf Course Account No 101-683-
985-000; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
071B6000724), as well as for the additional reasons indicated in the
aforesaid communication; and such action is taken in accordance with
the provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#302-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 31, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the following
low bids which meet specifications for supplying the Public Service
Division (Road Maintenance Section) with bituminous materials specified
at the unit prices bid for the period May 1, 1998, through April 30, 1999.
1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A,
Farmington Hills, Michigan 48334
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12WM Asphaltic Concrete $28 50 per ton
1100 Asphaltic Concrete $22.50 per ton
31 M Wearing $28 50 per ton
2 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan
48374
20 Wearing Fine (Driveway Top) - $20 75 per ton
Cold Patch Asphaltic Material (U P M or Q P R.), delivered - $52.50
per ton
3. Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti,
Michigan 48197
Cold Patch Asphaltic Material (Pave 192), delivered - $34 50 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the
Public Service Division (Road Maintenance Section) with bituminous
materials specified at the unit prices bid for the period May 1, 1998,
through April 30, 1999.
1 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti,
Michigan 48197
12WM Asphaltic Concrete - $24 50 per ton
20 Wearing Fine (Driveway Top) - $20 00 per ton
Cold Patch Material (U P M. or Q P R.), delivered - $55 50 per ton
2. Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan
48374
1100 Asphaltic Concrete - $21 00 per ton
31 M Wearing - $26 00 per ton
Cold Patch Asphaltic Material (Pave 192), delivered - $35 50 per ton
#303-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 2, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Kirk's
Automotive, Inc., 9330 Roselawn, Detroit, Michigan 48204, for supplying
the Public Service Division (Building Maintenance Section) with mobile
electro-hydraulic jacks for a total price of$33,727 63, the same having
been in fact the lowest bid received which meets all specifications, and
the bid of Myers Tire Supply is hereby rejected for the reasons indicated
in the attachment.
30908
A communication from the Department of Law, dated March 26, 1998, re
administrative response to CR 922-97 - additional contract language for subsequent
contracts for the User-Side Subsidy Transportation Program (Dial-a-Ride) regarding
the cleanliness of the vehicles used in connection with this program as well as the
tardiness issue -was received and placed on file for the information of the Council
(CR 578-97)
A communication from the Department of Law, dated April 1, 1998, re
administrative response to CR 289-97 - a sign maintenance agreement with the Eight
Mile Boulevard Association -was received and placed on file for the information of the
Council
#304-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 1, 1998, approved
for submission by the Mayor, submitted pursuant to Council Resolution
289-97, regarding a sign maintenance agreement with the Eight Mile
Boulevard Association, the Council does hereby determine to take no
further action with respect to this matter
A communication from the Department of Law, dated March 27, 1998, re
administrative response to CR 6-98 - the display of circus animals at the SPREE '48
Celebration -was received and placed on file for the information of the Council
A communication from the Planning Department, dated April 3, 1998, re
administrative response to CR 2-98 - status of the ownership and possibility of site plan
changes on the Home Quarters/Builder's Square building located at 29659 Seven Mile
Road -was received and placed on file for the information of the Council
#305-98 RESOLVED, that having considered the communication
from the City Planning Commission, dated March 31, 1998, which
transmits its resolution 3-46-98, adopted on March 24, 1998, requesting
approval of a Landscape Plan with regard to Petition 97-9-2-25 (Navin
Oaks Condominium Development) submitted by Tri-West Development in
connection with a proposal to construct cluster housing on property
located on the east side of Farmington Road between Norfolk and Fargo
30909
Roads in the Northwest 1/4 of Section 3, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
#306-98 RESOLVED, that in connection with the Landscape Plan
submitted by Tri-West Development for the Navin Oaks Condominium
Development (Petition 97-9-2-25), the Council does hereby refer the
subject of additional capabilities of the City with regard to establishing
bond requirements for condominium projects (including the possibility of
utilizing bond monies to replace trees if the planned project is not
constructed) to the Department of Law for its report and recommendation.
#307-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which transmits its
resolution 3-41-98 adopted on March 24, 1998, with regard to Petition 98-
2-3-1, submitted by William Wright, requesting the vacating of a ten foot
wide easement for surface drainage on Lot 45 in Thomas F O'Connors
Parkview Acres located on the east side of Floral Avenue, south of Curtis
Road, in the Southeast 1/4 of Section 12, the Council does hereby concur
in the recommendation of the City Planning Commission and does grant
and approve the said petition; and the Department of Law is hereby
requested to prepare the necessary vacating ordinance in accordance
with this resolution
#308-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which transmits its
resolution 3-43-98 adopted on March 24, 1998, with regard to revisions to
Petition 96-4-8-5 submitted by Mobil Oil, requesting site plan approval in
connection with a proposal to construct a gas station/convenience store
on property located at 29231 Eight Mile Road, in the Northwest 1/4 of
Section 1, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 96-4-8-5, as revised, is hereby
approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet CE-1 prepared by The Building
Design Group, as received by the Planning Commission on March
10, 1998, is hereby approved and shall be adhered to,
2. That the brick used in the construction of the station/convenience
store shall be full face 4" brick;
3 That the Landscape Plan marked Sheet L-1 prepared by The
Building Design Group, as received by the Planning Commission
on March 10, 1998, is hereby approved and shall be adhered to;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
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5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plans marked Sheet A6 and
A7 prepared by Wolfgang Doerschlag Architect, as received by the
Planning Commission on March 10, 1998, are hereby approved
and shall be adhered to,
7 That the columns that support the gas pump island canopy will be
replaced or covered with the same brick used in the construction of
the station/convenience store,
8 No outdoor storage, placement or display of merchandise shall be
permitted at any time on this site; however the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil-based products as permitted in Section 11 03(a) of the
Zoning Ordinance,
9 That the window signage for the station shall be limited to what is
permitted by Section 18 50 Permitted Signs, subheading (g)
"Window Signage", and
10 That the Sign Package as shown on Sheet SN-1 as received by the
Planning Commission on March 10, 1998, is hereby approved and
shall be adhered to
#309-98 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated April 1, 1998, to which is attached
a request from Yvonne L. Lillibridge, on behalf of Local 192 members and
unrepresented General Employees, to amend the Retirement Ordinance
so as to allow a Defined Contribution Plan member to be eligible for
election to the Board of Trustees of the Livonia Employees Retirement
System, the Council does hereby refer the subject of a recommended
course of action in this regard and whether the subject of representation
of Defined Contribution Plan members on the Board of Trustees is a
matter which could be negotiated by the unions as part of their collective
bargaining agreements to the Department of Law for its report and
recommendation.
#310-98 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated April 1, 1998, to which is attached
a request from Yvonne L. Lillibridge, on behalf of Local 192 members and
unrepresented General Employees, to amend the Retirement Ordinance
so as to allow a Defined Contribution Plan member to be eligible for
election to the Board of Trustees of the Livonia Employees Retirement
30911
System, the Council does hereby refer this item to the Legislative
Committee for its report and recommendation
#311-98 WHEREAS, the City of Livonia has received a request from
Carl V Creighton, Brashear, Tangora and Spence, LLP, on behalf of
Concord Properties, L L.0 and Livonia Building Materials Co , dated April
1, 1998, proposing the establishment of an industrial development district;
and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 5 10 acres lying in the Southeast 1/4 of Section
28 as more particularly described in the attachment to the application
which is hereby incorporated by reference and which is hereinafter
referred to as "Proposed City of Livonia Industrial Development District
No 69";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows.
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 69
2. This City Council sets Wednesday, May 27, 1998, at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson.
NAYS None
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
30912
#312-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
March 31, 1998, submitted pursuant to Council Resolution 987-97, and a
communication from the City Clerk, dated November 14, 1997, regarding
a request to adjust the compensation schedule for members of the Board
of Canvassers, the Council does hereby approve such request and the
compensation of the members of the Board of Canvassers shall be
established at $35 00 per meeting and $45 00 per meeting for the
Chairman, the same to take effect on and after February 12, 1997
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was.
#313-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 433-95, regarding
"Agenda Livonia: 1995" and the matter of planning and implementing
technological advances through the City Hall in the Mall kiosk, the
Council does hereby refer the subject of a new definition for kiosk usage
to the Department of Community Resources for its report and
recommendation
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#314-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 703-96, concerning the
subject of a possible archery range for public use, the Council does
hereby refer the subject of the usage, design and fee structure of the
City's archery range to the Parks and Recreation Commission for its
report and recommendation
A communication from the Department of Parks and Recreation, dated
March 31, 1998, re the reconstruction of the archery range for public use was
received and placed on file for the information of the Council (CR 703-96 and CR 807-
97)
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
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#315-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 807-97, concerning the
subject of a possible archery range for public use, the Council does
hereby determine to take no further action with respect to Council
Resolution 807-97
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was:
#316-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 842-94, with regard to the
"Capital Improvement Program 1995-2000", the Council does hereby
determine to take no further action with respect to this item
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was.
#317-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 828-95, with regard to the
"Capital Improvement Program 1996-2001", the Council does hereby
determine to take no further action with respect to this item
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was.
#318-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 31,
1998, submitted pursuant to Council Resolution 1018-96, with regard to
the "Capital Improvement Program 1997-2002", the Council does hereby
determine to take no further action with respect to this item.
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#319-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 36-98, and a communication
from the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-204-97 adopted on December 16, 1997, with
regard to a Sign Permit Application submitted by A-1 Signs, Inc., on
behalf of Rio Bravo Cantina, requesting approval for signage for the
30914
restaurant located at 19265 Victor Parkway in the Southeast 1/4 of
Section 6, the Council does hereby concur in part in the recommendation
of the Planning Commission and the said Sign Permit Application is
hereby approved, with the exception of the ground monument sign,
subject to the following conditions
1 That the Sign Package submitted by A-1 Signs, Inc., as received
by the Planning Commission on December 4, 1997, is hereby
approved, with respect to the two building signs on the west and
south sides of the building, and shall be adhered to, and
2 That all the signage shall not be illuminated beyond one (1) hour
after this business closes
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#320-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 37-98, and a communication
from the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-206-97 adopted on December 16, 1997,
requesting approval to revise Petition 95-4-2-15, submitted by Westborn
Market, which received waiver use approval to construct a fruit market on
property located on the west side of Middlebelt Road between Five Mile
Road and Linda Avenue in the Northeast 1/4 of Section 23, which plans
were previously revised in Council Resolution 474-97 on May 28, 1997,
and having considered a subsequent communication from Mark
Anusbigian, President, Westborn Market, dated April 1, 1998, withdrawing
such request, the Council does hereby determine to take no further action
with respect to this item
On a motion by Brosnan, seconded by Walsh, it was
#321-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 43-98, and a communication
from the City Planning Commission, dated October 22, 1997, which
transmits its resolution 10-170-97 adopted on October 14, 1997, with
regard to Petition 97-2-8-1 submitted by First Federal of Michigan,
requesting site plan approval in connection with a proposal to erect an
ATM and construct a new driveway for the bank located at 28999 Five
Mile Road in the Northwest 1/4 of Section 24, pursuant to the provisions
set forth in Section 18 58 of Ordinance No 543, as amended, and the
Council having conducted a public hearing with regard to this matter on
December 15, 1997, pursuant to Council Resolution 909-97, the Council
does hereby reject the recommendation of the Planning Commission and
30915
Petition 97-2-8-1 is hereby approved and granted with the following
conditions
1 That the Site Plan prepared by Nordstrom Samson Associates,
revised, dated April 22, 1998, is hereby approved and shall be
adhered to,
2 That the conditions as set forth in Zoning Board of Appeals Case
No 9701-10 shall be adhered to,
3 That there shall be no curb cuts onto Haller Avenue or Garden
Avenue, and the existing curb cut on Five Mile Road shall be
moved further west to minimize cross traffic with pedestrians, and
4 That any deviations from the approved plan resulting from input of
Wayne County, or any other party, shall cause the plans to be
resubmitted to the City Council for its approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, and Engebretson
NAYS Duggan
The President declared the resolution adopted
A communication from Nordstrom Samson Associates, dated April 14,
1998, re explaining revisions to the site plan dated April 22, 1998, with respect to
Petition 97-2-8-1 was received and placed on file for the information of the Council
Peter J Albertson, Vice President of Nordstrom Samson Associates, was present to
answer questions on the aforementioned matter
Pastor left the podium at 8 32 p m due to a conflict of interest regarding the next
Agenda item
A communication from Jonna Construction Company, dated April 7, 1998,
re• the percentage of completion of the split face block masonry for the dates of
12/2/97 and 12/17/97, with respect to Petition 96-9-2-27, was received and placed on
file for the information of the Council
30916
A communication from the Inspection Department, dated April 7, 1998, re
the block work with respect to Petition 96-9-2-27 for Extended Stay America, located at
11808 Middlebelt, was received and placed on file for the information of the Council
On a motion by Walsh, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 197-98, and a communication
from Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of
ESA Development, dated January 20, 1998, appealing a determination
made on January 13, 1998, by the City Planning Commission in its
resolution 1-07-98, with regard to proposed revisions to elevation plans to
retain block for the first floor and substitute panel brick for full brick in
connection with the construction of an Extended Stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25 (Petition 96-9-2-27),
the Council does hereby reject the recommendation of the Planning
Commission and the proposed revisions to the elevation plans are hereby
approved and granted subject to the following conditions
1 That the petitioner shall submit payment in the amount of
$46,000 00 to the City as a penalty for proceeding with
construction without obtaining a valid building permit;
2 That additional landscaping shall be provided on the site pursuant
to Code Section 19 06(j),
3 That all thin/panel brick shall be removed,
4 That the split faced block may remain on the first floor only; and
5 That full 4" brick shall be installed on the second and third floors of
the building
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh
NAYS Brosnan, Vandersloot, Duggan, and Engebretson
The President declared the resolution denied
Norm Hyman, Honigman Miller Schwartz & Cohn - apologized for what was considered
a mistake He stated they did not want an increase in monetary fines
30917
On a motion by Walsh, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 197-98, and a communication
from Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of
ESA Development, dated January 20, 1998, appealing a determination
made on January 13, 1998, by the City Planning Commission in its
resolution 1-07-98, with regard to proposed revisions to elevation plans to
retain block for the first floor and substitute panel brick for full brick in
connection with the construction of an Extended Stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25 (Petition 96-9-2-27),
the Council does hereby reject the recommendation of the Planning
Commission and the proposed revisions to the elevation plans are hereby
approved and granted subject to the following conditions:
1 That the petitioner shall submit payment in the amount of
$75,000 00 to the City as a penalty for proceeding with
construction without obtaining a valid building permit;
2. That additional landscaping shall be provided on the site pursuant
to Code Section 19 06(j),
3 That all thin/panel brick shall be removed,
4 That the split faced block may remain on the first floor only; and
5 That full 4" brick shall be installed on the second and third floors of
the building
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh and Duggan.
NAYS Brosnan, Vandersloot, and Engebretson
The President declared the resolution denied
On a motion by Vandersloot, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 197-98, and a communication
from Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of
ESA Development, dated January 20, 1998, appealing a determination
made on January 13, 1998, by the City Planning Commission in its
resolution 1-07-98, with regard to proposed revisions to elevation plans to
30918
retain block for the first floor and substitute panel brick for full brick in
connection with the construction of an Extended Stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25 (Petition 96-9-2-27),
the Council does hereby concur in the recommendation of the Planning
Commission and the proposed revisions to the elevation plans are hereby
denied for the following reasons
1 That the building was approved by the Planning Commission and
City Council with full brick exterior;
2. That B 0 C.A. Section 111 3 requires all work to conform to
approved construction documents,
3 That B 0 C.A. Section 111 4 requires compliance with Site Plan,
4 That B 0 C.A. Section 1405 3 requires minimum 2" thickness for
brick veneer; and
5 That B 0 C.A. Section 14 05 6 5 specifies approved method of
applying adhered veneer units
The President relinquished the gavel to the Vice President at 8 40 p m in order to
address this matter
A roll call vote was then taken on the resolution proposed by Vandersloot, seconded by
Brosnan, as follows.
#322-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 6, 1998,
submitted pursuant to Council Resolution 197-98, and a communication
from Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of
ESA Development, dated January 20, 1998, appealing a determination
made on January 13, 1998, by the City Planning Commission in its
resolution 1-07-98, with regard to proposed revisions to elevation plans to
retain block for the first floor and substitute panel brick for full brick in
connection with the construction of an Extended Stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25 (Petition 96-9-2-27),
the Council does hereby concur in the recommendation of the Planning
Commission and the proposed revisions to the elevation plans are hereby
denied for the following reasons
1 That the building was approved by the Planning Commission and
City Council with full brick exterior;
2. That B 0 C.A. Section 111 3 requires all work to conform to
approved construction documents,
30919
3
4 That B 0 C.A. Section 111 4 requires compliance with Site Plan,
That B 0 C.A. Section 1405 3 requires minimum 2" thickness for
brick veneer; and
5 That B 0 C.A. Section 14 05 6 5 specifies approved method of
applying adhered veneer units
with the following result:
AYES Brosnan, Engebretson, and Vandersloot.
NAYS Duggan and Walsh
The Vice President declared the resolution adopted.
The President resumed the Chair at 8.43 p m.
Pastor returned to the podium at 8.43 p m.
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was:
#323-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 208-94, with
regard to establishing dialog and regular communication with Schoolcraft
College concerning such items as sidewalk construction, cellular tower
construction, etc., the Council does hereby determine to take no further
action with respect to this item
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was.
#324-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 340-96, with
respect to the subject matter of Facility Reservation Fees as prescribed in
the "City of Livonia Fees/Waivers" policy and the accompanying Four-
Category Grid, the Council does hereby determine to take no further
action with respect to Council Resolution 340-96
30920
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#325-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 340-96, with
respect to the subject matter of Facility Reservation Fees as prescribed in
the "City of Livonia Fees/Waivers" policy and the accompanying Four-
Category Grid, the Council does hereby refer the subject of updating the
Four-Category Grid to the Committee of the Whole for a report and
recommendation.
A communication from the Department of Law, dated March 30, 1998, re.
State requirements regarding drivers licenses for persons under 18 years of age was
received and placed on file for the information of the Council (CR 650-96)
A communication from the Department of Law, dated April 3, 1998, re:
proposed Ordinance amendments adding Section 10 18 085 and Section 10 18 095 to
the Livonia Code of Ordinances requiring graduated licensing status card to be in
driver's possession and prohibiting violation of graduated licensing status restrictions
was received and placed on file for the information of the Council (CR 650-96)
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was:
#326-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
Council does hereby determine to take no further action with respect to
Council Resolution 650-96
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was.
#327-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
30921
Council does hereby request that the subject of possible ways to resolve
the parking problems in the area surrounding Stevenson High School be
placed on a Livonia Public School Board agenda for consideration and
that a copy of this resolution be forwarded to Dianne Nay
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was.
#328-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
Council does hereby refer the subject of what might be done to alleviate
traffic problems in the area of Stevenson High School (including the
impact of school traffic exiting onto Six Mile from an additional parking lot)
to the Police Department for a report and recommendation.
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was.
#329-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
Council does hereby refer the subject of possible solutions to the parking
problem in Burton Hollow Subdivision near the vicinity of Stevenson High
School (such as by limiting the duration of permissible parking) to the
Traffic Commission for a report and recommendation.
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#330-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
Council does hereby refer the question of whether fines for parking in the
vicinity of a school can be doubled as a means of discouraging parking
violations to the Department of Law for a report and recommendation.
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
30922
#331-98 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 7, 1998, submitted pursuant to Council Resolution 650-96, regarding
traffic and parking problems in the area of Stevenson High School, the
Council does hereby determine to keep this subject matter in committee
for tracking purposes
Vandersloot gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 97-10-3-4)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-9-1-17)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-11-1-19)
30923
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Bid tabulations received on April 22, 1998, prepared by Stauder, Barch &
Associates, Inc., re the $7,500,000 1998 Downtown Development Bonds (Limited Tax
General Obligation) were received and placed on file for the information of the Council
Dennis Neiman of Miller, Canfield, Paddock, and Stone, P L.0 , addressed the sale of
the aforementioned bonds
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#332-98 WHEREAS, Wednesday, April 22, 1998 at 3 30 o'clock p m ,
Eastern Daylight Time, has been set as the date and time for opening
bids for the purchase of the City's $7,500,000 1998 Downtown
Development Bonds (General Obligation Limited Tax) (the "Bonds"), and
WHEREAS, said bids have been publicly opened and read, and
WHEREAS, the bids attached hereto as Exhibit A have been received,
and
WHEREAS, it is appropriate for the City Council to award the sale of the
Bonds to the bidder whose bid meets the requirements of law and which
has been determined to produce the lowest interest cost to the City and to
undertake to make continuing disclosure respecting the City and the
Bonds in accordance with Rule 15c2-12 of the U S Securities and
Exchange Commission.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
1 Award The bid of Dain Rauscher Corporation, as attached hereto
as part of Exhibit A, is determined to produce the lowest interest
cost to the City, and the bid is hereby approved and accepted.
30924
2 Return of Good Faith Checks Checks received from the
unsuccessful bidders shall be returned to each bidder's
representative or by registered mail or overnight courier as set
forth in the Official Notice of Sale as published
3 Terms of the Bonds The Bonds shall be dated, shall be in the
principal amounts, and shall mature, bear interest and otherwise
conform in all respects to the terms set forth in the Official Notice of
Sale published with respect to the Bonds
4 Continuing Disclosure Undertakings The City shall enter into
separate undertakings for the benefit of the holders and beneficial
owners of the Bonds and the benefit of the holders and beneficial
owners of the 1998 Building Authority Bonds (the "BA Bonds")
issued on behalf of the City by the Municipal Building Authority of
Livonia in accordance with the requirements of Rule 15c2-12 of the
U S Securities and Exchange Commission, in substantially the
forms attached hereto (the "Undertakings"), provided, however,
that the terms of the Undertakings are subject to completion and
modification prior to delivery of the Bonds and the BA Bonds by the
authorized officer of the City executing the Undertaking as such
authorized officer shall deem necessary to comply with law or
market requirements The Mayor, City Clerk and Finance Director
are each authorized to execute and deliver the Undertakings.
5 Agreement Regarding Building Authority Lease Rental Payments
The City further agrees and covenants that it will make its required
lease rental payments to the Municipal Building Authority of
Livonia, either because of regularly scheduled debt service or
because of early redemption of the BA Bonds, only on the date that
the principal and interest or interest on the BA Bonds is due
6 Tax Covenant. The City hereby covenants that, to the extent
permitted by law, it shall take all actions within its control
necessary to maintain the exclusion of the interest on the Bonds
from adjusted gross income for general federal income tax
purposes under the Internal Revenue Code of 1986, as amended
(the "Code"), including, but no limited to, actions relating to the
rebate of arbitrage earnings, if applicable, and the expenditure and
investment of Bond proceeds and moneys deemed to be Bond
proceeds.
7 Repealer All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same
hereby are rescinded
30925
CONTINUING DISCLOSURE UNDERTAKING
1998 Downtown Development Bonds (General Obligation Limited Tax)
This Continuing Disclosure Undertaking (the "Undertaking") is executed and delivered
by the City of Livonia, County of Wayne, State of Michigan (the "City"), in connection with
the issuance of its 1998 Downtown Development Bonds (General Obligation Limited Tax) (the
"Bonds"). The City covenants and agrees for the benefit of the Bondholders, as hereinafter
defined, as follows:
(a) Definitions. The following terms used herein shall have the following
meanings.
"Audited Financial Statements" means the annual audited financial
statement pertaining to the City prepared by an individual or firm of independent
certified public accountants as required by Act 2, Public Acts of Michigan, 1968,
as amended, which presently requires preparation in accordance with generally
accepted accounting principles
"Bondholders" shall mean the registered owner of any Bond or any person
(a) with the power, directly or indirectly, to vote or consent with respect to, or
to dispose of ownership of, any Bond (including any person holding a Bond
through a nominee, depository or other intermediary) or (b) treated as the owner
of any Bond for federal income tax purposes
"Disclosure Representative" means the Finance Director of the City or his
or her designee, or such other officer, employee, or agent as the City shall
designate from time to time in writing
"MSRB" means the Municipal Securities Rulemaking Board
"NRMSIR" means each nationally recognized municipal securities
information repository as designated by the SEC in accordance with the Rule.
"Rule" means Rule 15c2-12 promulgated by the SEC pursuant to the
Securities Exchange Act of 1934, as amended
"SEC" means the United States Securities and Exchange Commission
"SID" means the state information depository for the State of Michigan as
designated by the SEC in accordance with the Rule.
(b) Continuing Disclosure The City hereby agrees, in accordance with
the provisions of the Rule, to provide or cause to be provided to each NRMSIR and to
the SID for the State of Michigan ("SID"), on or before the last day of the 6th month
Imp
30926
after the end of the fiscal year of the City, the following annual financial information and
operating data, commencing with the fiscal year ended November 30, 1998
(1) Updates of the numerical financial information and operating data
included in the official statement of the City relating to the Bonds (the "Official
Statement") appearing in the Tables in the Official Statement as described below
a. Historical Valuations - Current Year Taxable Value/SEV including
IFT/CFT Value and Total Valuation
b Per Capita Valuation - Current Year Per Capita Taxable Value, State
Equalized Valuation and True Cash Value
c. Tax Base Composition - By Class and By Use - Analysis of Current Year
Taxable Value by Class and Use
d Major Taxpayers - Current Year Major Taxpayers and Current Year
Taxable Value Thereof
e. Tax Rates - Current Year Tax Rates.
f Tax Rate Limitation - Current Year Tax Rate Limitation
g Tax Levies and Collections - Current Year Tax Levies and Collections
h. Revenues from the State of Michigan - Current Year
i. Debt Statement - Update as of Current Year
j Legal Debt Margin - Update as of Current Year
k. Tax Increment Revenue Coverage Over Debt - Current Year Captured
Assessed Value, Tax Increment Revenues and Coverage, and
(2) Audited Financial Statements, provided, however, that if the
Audited Financial Statements are not available by the date specified above, they
shall be provided when available and unaudited financial statements in a format
similar to the financial statements contained in the Official Statement will be filed
by such date and the Audited Financial Statements will be filed as soon as
available
Such annual financial information and operating data described above are expected to be
provided directly by the City in the following documents to be filed with each NRMSIR
and the SID, if any, the Audited Financial Statements, materials containing the updates
described in (b)(1) above, and in subsequent official statements of the City filed with the
MSRB
If the fiscal year of the City is changed, the City shall send notices of such change to
each NRMSIR or the MSRB, and to the SID, prior to the earlier of the ending date of
the fiscal year prior to such change or the ending date of the fiscal year as changed
(c) Notice of Failure to Disclose The City agrees to provide or cause to be
provided, in a timely manner, to (i) each NRMSIR or the MSRB and (ii) the SID, notice
of a failure by the City to provide the annual financial information with respect to the
City described in subsection (b) above on or prior to the dates set forth in subsection (b)
above.
30927
(d) Occurrence of Events The City agrees to provide or cause to be provided
in a timely manner to (i) each NRMSIR or the MSRB and (ii) the SID, if any, notice of
the occurrence of any of the following events listed in (b)(5)(i)(C) of the Rule with
respect to the Bonds, if applicable, if matenal
(1) principal and interest payment delinquencies
(2) non-payment related defaults
(3) unscheduled draws on debt service reserves reflecting financial
difficulties
(4) unscheduled draws on credit enhancements reflecting financial
difficulties
(5) substitution of credit or liquidity providers, or their failure to
perform
(6) adverse tax opinions or events affecting the tax-exempt status of
the security
(7) modifications to rights of security holders
(8) bond calls
(9) defeasances
(10) release, substitution, or sale of property securing repayment of the
securities
(11) rating changes
(e) Materiality Determined Under Federal Securities Laws The City agrees
that its determination of whether any event listed in subsection (d) is material shall be
made in accordance with federal secunties laws
(f) Termination of Reporting Obligation The obligation of the City to
provide annual financial information and notices of material events, as set forth above,
shall be terminated if and when the City no longer remains an "obligated person" with
respect to the Bonds within the meaning of the Rule, including upon legal defeasance of
all Bonds.
(g) Benefit of Bondholders The City agrees that its undertaking pursuant to
the Rule set forth in this Undertaking is intended to be for the benefit of the Bondholders
and shall be enforceable by any Bondholder; provided that, the right to enforce the
provisions of this Undertaking shall be limited to a right to obtain specific enforcement
30928
of the City's obligations hereunder and any failure by the City to comply with the
provisions of this Undertaking shall not constitute a default or an event of default with
respect to the Bonds.
(h) Amendments to the Undertaking Amendments may be made in the
specific types of information provided or the format of the presentation of such
information to the extent deemed necessary or appropriate in the judgment of the City,
provided that the City agrees that any such amendment will be adopted procedurally and
substantively in a manner consistent with the Rule, including any interpretations thereof
by the SEC, which, to the extent applicable, are incorporated herein by reference. Such
interpretations currently include the requirements that (a) the amendment may only be
made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature, or status of the City or
the type of activities conducted thereby, (b) the undertaldng, as amended, would have
complied with the requirements of the Rule at the time of the primary offering of the
Bonds, after taldng into account any amendments or interpretations of the Rule, as well
as any change in circumstances, and (c) the amendment does not matenally impair the
interests of Bondholders, as determined by parties unaffiliated with the City (such as
independent legal counsel), but such interpretations may be changed in the future. If the
accounting principles to be followed by the City in the preparing of the Audited Financial
Statements are modified, the annual financial information for the year in which the
change is made shall present a comparison between the financial statements as prepared
on the prior basis and the statements as prepared on the new basis, and otherwise shall
comply with the requirements of the Rule, in order to provide information to investors
to enable them to evaluate the ability of the City to meet its obligations A notice of the
change in accounting principles shall be sent (i) to each NRMSIR or the MSRB and (ii)
the SID
IN WITNESS WHEREOF, the City has caused this Undertaking to be executed by its
authorized officer
CITY OF LIVONIA
County of Wayne
State of Michigan
By
Michael T Slater
Its Finance Director
30929
CONTINUING DISCLOSURE UNDERTAKING
1998 Building Authority Bonds
This Continuing Disclosure Undertaking (the "Undertaking") is executed and delivered
by the City of Livonia, County of Wayne, State of Michigan (the "City"), in connection with
the issuance of the Municipal Building Authority of Livonia's 1998 Building Authority Bonds
issued on behalf of the City (the "Bonds") The City covenants and agrees for the benefit of the
Bondholders, as hereinafter defined, as follows.
(a) Definitions The following terms used herein shall have the following
meanings.
"Audited Financial Statements" means the annual audited financial
statement pertaining to the City prepared by an individual or firm of independent
certified public accountants as required by Act 2, Public Acts of Michigan, 1968,
as amended, which presently requires preparation in accordance with generally
accepted accounting principles
"Bondholders" shall mean the registered owner of any Bond or any person
(a) with the power, directly or indirectly, to vote or consent with respect to, or
to dispose of ownership of, any Bond (including any person holding a Bond
through a nominee, depository or other intermediary) or (b) treated as the owner
of any Bond for federal income tax purposes
"Disclosure Representative" means the Finance Director of the City or his
or her designee, or such other officer, employee, or agent as the City shall
designate from time to time in writing
"MSRB" means the Municipal Securities Rulemaking Board
"NRMSIR" means each nationally recognized municipal securities
information repository as designated by the SEC in accordance with the Rule.
"Rule" means Rule 15c2-12 promulgated by the SEC pursuant to the
Securities Exchange Act of 1934, as amended
"SEC" means the United States Securities and Exchange Commission
"SID" means the state information depository for the State of Michigan as
designated by the SEC in accordance with the Rule.
(b) Continuing Disclosure The City hereby agrees, in accordance with
the provisions of the Rule, to provide or cause to be provided to each NRMSIR and to
the SID for the State of Michigan ("SID"), on or before the last day of the 6th month
30930
after the end of the fiscal year of the City, the following annual financial information and
operating data, commencing with the fiscal year ended November 30, 1998
(1) Updates of the numerical financial information and operating data
included in the official statement of the City relating to the Bonds (the "Official
Statement") appearing in the Tables in the Official Statement as described below
a. Historical Valuations - Current Year Taxable Value/SEV including
IFT/CFT Value and Total Valuation
b Per Capita Valuation - Current Year Per Capita Taxable Value, State
Equalized Valuation and True Cash Value.
c. Tax Base Composition - By Class and By Use - Analysis of Current Year
Taxable Value by Class and Use
d. Major Taxpayers - Current Year Major Taxpayers and Current Year
Taxable Value Thereof
e. Tax Rates - Current Year Tax Rates
f Tax Rate Limitation - Current Year Tax Rate Limitation
g Tax Levies and Collections - Current Year Tax Levies and Collections
h Revenues from the State of Michigan - Current Year
i. Debt Statement - Update as of Current Year
j Legal Debt Margin - Update as of Current Year; and
(2) Audited Financial Statements, provided, however, that if the
Audited Financial Statements are not available by the date specified above, they
shall be provided when available and unaudited financial statements in a format
similar to the financial statements contained in the Official Statement will be filed
by such date and the Audited Financial Statements will be filed as soon as
available.
Such annual financial information and operating data described above are expected to be
provided directly by the City in the following documents to be filed with each NRMSIR
and the SID, if any, the Audited' Financial Statements, materials containing the updates
described in (b)(1) above, and in subsequent official statements of the City filed with the
MSRB
If the fiscal year of the City is changed, the City shall send notices of such change to
each NRMSIR or the MSRB, and to the SID, prior to the earlier of the ending date of
the fiscal year prior to such change or the ending date of the fiscal year as changed
(c) Notice of Failure to Disclose The City agrees to provide or cause to be
provided, in a timely manner, to (i) each NRMSIR or the MSRB and (ii) the SID, notice
of a failure by the City to provide the annual financial information with respect to the
City described in subsection (b) above on or prior to the dates set forth in subsection (b)
above.
30931
(d) Occurrence of Events The City agrees to provide or cause to be provided
in a timely manner to (i) each NRMSIR or the MSRB and (ii) the SID, if any, notice of
the occurrence of any of the following events listed in (b)(5)(i)(C) of the Rule with
respect to the Bonds, if applicable, if matenal
(1) principal and interest payment delinquencies
(2) non-payment related defaults
(3) unscheduled draws on debt service reserves reflecting financial
difficulties
(4) unscheduled draws on credit enhancements reflecting financial
difficulties
(5) substitution of credit or liquidity providers, or their failure to
perform
(6) adverse tax opinions or events affecting the tax-exempt status of
the security
(7) modifications to rights of security holders
(8) bond calls
(9) defeasances
(10) release, substitution, or sale of property securing repayment of the
securities
(11) rating changes
(e) Materiality Determined Under Federal Securities Laws The City agrees
that its determination of whether any event listed in subsection (d) is material shall be
made in accordance with federal securities laws
(f) Termination of Reporting Obligation The obligation of the City to
provide annual financial information and notices of material events, as set forth above,
shall be terminated if and when the City no longer remains an "obligated person" with
respect to the Bonds within the meaning of the Rule, including upon legal defeasance of
all Bonds.
(g) Benefit of Bondholders The City agrees that its undertaking pursuant to
the Rule set forth in this Undertaking is intended to be for the benefit of the Bondholders
and shall be enforceable by any Bondholder; provided that, the right to enforce the
provisions of this Undertaking shall be limited to a right to obtain specific enforcement
30932
of the City's obligations hereunder and any failure by the City to comply with the
provisions of this Undertaking shall not constitute a default or an event of default with
respect to the Bonds.
(h) Amendments to the Undertaking Amendments may be made in the
specific types of information provided or the format of the presentation of such
information to the extent deemed necessary or appropriate in the judgment of the City,
provided that the City agrees that any such amendment will be adopted procedurally and
substantively in a manner consistent with the Rule, including any interpretations thereof
by the SEC, which, to the extent applicable, are incorporated herein by reference Such
interpretations currently include the requirements that (a) the amendment may only be
made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature, or status of the City or
the type of activities conducted thereby, (b) the undertaking, as amended, would have
complied with the requirements of the Rule at the time of the primary offering of the
Bonds, after taking into account any amendments or interpretations of the Rule, as well
as any change in circumstances, and (c) the amendment does not materially impair the
interests of Bondholders, as determined by parties unaffiliated with the City (such as
independent legal counsel), but such interpretations may be changed in the future. If the
accounting principles to be followed by the City in the preparing of the Audited Financial
Statements are modified, the annual financial information for the year in which the
change is made shall present a comparison between the financial statements as prepared
on the prior basis and the statements as prepared on the new basis, and otherwise shall
comply with the requirements of the Rule, in order to provide information to investors
to enable them to evaluate the ability of the City to meet its obligations A notice of the
change in accounting principles shall be sent (i) to each NRMSIR or the MSRB and (ii)
the SID
IN WITNESS WHEREOF, the City has caused this Undertaking to be executed by its
authorized officer
CITY OF LIVONIA
County of Wayne
State of Michigan
By
Michael T Slater
Its Finance Director
L
30933
EXHIBIT A
Sal.Data:4122/98
$7,800,000
CITY OF LIVONIA
County of Wayne, State of Michigan
1998 Downtown Development Bonds
(Limited Tax General Obligation)
BID TABULATION
1. Bidder: Dein Rawchsr Corporation 2.Bidder Harris Trust b Savings Bank 3. Bidder. J.C. Bradford&Co.
Mallon Financial Markets
Meskow Financial,Inc.
Wachovia Bank,N.A.
First Tennessee Capital Markets
NBC Capital Markets Group Inc.
Discount: $74,877.65 Discount: $74,979.00 Discount: $75,000.00
Principal Interest Principal Interest Principal Interest
Due Rate Due Rate Due Rate
1999 4.600% 1999 4.650% 1999 4 700%
2000 4.800% 2000 4.700% 2000 4 700%
2001 4.600% 2001 4 700% 2001 4.700%
2002 4.600% 2002 4 700% 2002 4 700%
2003 4.600% 2003 4 700% 2003 4.700%
2004 4.600% 2004 4 700% 2004 4 700%
2005 4.825% 2005 4.700% 2005 4 700%
2006 4.700% 2008 4.700% 2006 4 700%
L 2007 4.700% 2007 4.700% 2007 4 700%
2008 4 700% 2008 4 700% 2008 4 700%
2009 4.700% 2009 4 700% 2009 4.700%
2010 4.700% 2010 4 700% 2010 4 700%
2011 4.700% 2011 4.700% 2011 4 700%
2012 4 700% 2012 4.700% 2012 4 700%
2013 4.700% 2013 4 700% 2013 4 700%
2014 4.700% 2014 4 700% 2014 4 700%
2015 4.700% 2015 4 700% 2015 4.700%
2016 4 700% 2016 4 700% 2016 4 700%
2017 4.700% 2017 4.700% 2017 4 700%
2018 4 700% 2018 4 700% 2018 4 700%
Net Interest Cost: Net Interest Cost: Net Interest Cost:
$4,395,718.90 $4 402,634.00 54,402,760.00
Nit Net Net
Interest Interest Interest
Rate: 4 7738% Rate: 4 7813% Rate: 4 7814%
Ratings. Moody's Investors Service Al
Standard&Poor's Corp. A+
L Stam,BARCH L ASSOCIATES,Inc
3989 Research Park Drive
Ann Arbor Michigan 48108
(734)888-8888 FAX 9:(734)66 .11723
30934
Ssl•pal•:4122118
$7,600,000
CITY OF LNONIA
County of Wayne, State of Michigan
1998 Downtown Development Bonds
(Limited Tax General Obligation)
BID TABULATION
4. Bidder, Piper Jaffray, Inc. 5. Bidder: Robert W. Baird&Co. 6.Bidder: First of Michigan Corporation
A.G.Edwards&Sons,Inc.
Cornsrica Securities
McDonald I Company S curitiss,Inc.
Roney a Co.
Discount: $73,903.85 Discount: $64,929.80 Discount: $75,000.00
Principal Interest Principal Interest Principal interest
Due Rate ( Due Rate Due Rate 1
1� 4.500% 1999 4.050% i- 9�9- 4.600% i
2000 4.500% 2000 4.125% 2000 4.600%
2001 4.500% 2001 4 150% 2001 4.800%
2002 4.500% 2002 4.200% 2002 4.800%
2003 4.500% 2003 4.250% 2003 4.800%
2004 4.500% 2004 4.350% 2004 4.600%
2005 4.500% 2005 4 400% 2005 4.600%
2006 4.500% 2006 4.450% 2006 4.600%
L 2007 4.500% 2007 4.500% 2007 4.600%
2008 4.550% 2008 4.550% 2008 4.600%
2009 4.800% 2009 4.800% 2009 4.800%
2010 4.600% 2010 4.700% 2010 4.625%
2011 4.650% 2011 4 700% 2011 4.850%
2012 4.700% 2012 4 750% 2012 4 700%
2013 4 750% 2013 4.800% 2013 4 750%
2014 4.800% 2014 4,850% 2014 4 750%
2015 4.800% 2015 4.875% 2015 4.800%
2016 4.800% 2016 4.875% 2016 4.800%
2017 4.850% 2017 4.875% 2017 4.850%
2018 4.875% 2018 4.875% 2018 4.850%
Net Interest Cost: Net Interest Cost: Net Interest Cost:
$4,425,603.85 $4,433,812.10 $4,435,700.00
Net Net Net
Interest Interest Interest
Rate: 4.8082% Rate: 4.8149% Rate: 4 817%
r..
Ratings: Moody's Investors Service Al
Standard&Poor's Corp. A+
Stauder,BARCH 4 ASSOCIATES,Inc.
3986 Research Park Orbit
Ann Arbor,Michigan 46108
(734)6e8-058e FAX 9:(734)5684723
30935
Sal.Data:4122Ha
$7,500,000
CITY OF LIVONIA
F, County of Wayne, State of Michigan
I 1998 Downtown Development Bonds
La (Limited Tax General Obligation)
BID TABULATION
7 Bidder: Dean Witter Reynolds Inc. 8.Bidder PaineWebber Incorporated 9. Bidder EVEREN Securities, Inc.
ABN Amro Chicago Corp. Securities Corp.
Prudential Securities, Inc. FBS
Salomon Smith Barney Inc.
The Ohio Company
CIBC Oppenheimer Corp.
Discount: $75,000.00 Discount $74,386.40 Discount: $75,000.00
Principal Interest Principal Interest Principal Interest
Due Rate Due Rate Due Rate
1999 4.500% 1999 4.625 1999 =CM-
2000
.60092000 4.500% 2000 4.825% 2000 4.600%
2001 4.500% 2001 4.825% 2001 4.600%
2002 4.500% 2002 4.825% 2002 4.800%
2003 4.500% 2003 4.625% 2003 4.600%
2004 4.500% 2004 4.825% 2004 4.600%
2005 4.500% 2005 4.625% 2005 4.600%
2006 4.500% 2006 4.625% 2006 4.600%
2007 4.800% 2007 4.825% 2007 4.600%
2008 4.800% 2008 4.625% 2008 4.600%
2009 4.600% 2009 4.825% 2009 4.800%
2010 4.800% 2010 4.625% 2010 4 700%
2011 4.850% 2011 4.850% 2011 4.800%
2012 4 700% 2012 4.750% 2012 4.800%
2013 4 750% 2013 4.800% 2013 4.850%
2014 4.800% 2014 4.850% 2014 4 900%
2015 4 850% 2015 4.850% 2015 4.950%
2018 4.875% 201E 4 900% 2018 5.000%
2017 4.875% 2017 4.900% 2017 5.000%
2018 4.875% 2018 4.900% 2018 5.000%
Net interest Cost: Net Interest Cost: Net Interest Cost:
$4,445,752.50 $4,479,781 40 $4,538,075.00
Net Net Net
Interest Interest Interest
Rate: 4.8281% Rate: 4.865075% Rate: 4 928405%
Ratings: Moody's Investors Service Al
Standard&Poor's Corp. A+
Stender,BARCH L ASSOCIATES,Inc.
308a Raaaarch Park Drive
Mn Arbor,MlcNgan 45108
(734)abs-eaaa FAX t,(734)868-0723
30936
lull oaa:4123n11
$1,100,000
MUNICIPAL BUILDING AUTHORITY OP UVONIA
County of Wayne, State of Michigan
Bop 1916 Building Authority Bonds
BID TABULATION
- - ,
1. Bidder: Fleet of Michigan Corporation 2.Bidder. Bernardi Securities, Inc. 3. Blddsr: NstCity Investments, Inc.
Cornetist 6ewlhee
MaDanW•Company Securities,Inc.
Roney i Co.
Discount: 317,000.00 Discount: $18,98110 Discount: $18,788.25
Principal Intermit Principal Interest Principal Interest
Due Rate Due Rets Due Rate
4, ; - 4.825% - - 4.0009
2000 4.700% 2000 4.625% 2000 4.100%
2001 4.700% 2001 4.825% 2001 4.200%
2002 4.700% 2002 4.825% 2002 4.300%
2003 4.700% 2003 4,825% 2003 4.400%
2004 4.700% 2004 4.650% 2004 4.500%
2005 4.700% 2005 4.650% 2005 4.800%
2006 4.700% 2006 4.660% 2006 4.700%
2007 4.700% 2007 4 700% 2007 4.750%
2006 4.750% 2006 4 700% 2006 4.600%
2009 4.750% 2009 4 700% 2009 4.850%
2010 4.750% 2010 4.700% 2010 4.900%
2011 4.750% 2011 4.700% 2011 4.950%
2012 4.750% 2012 4.800% 2012 5.000%
2013 4.750% 2013 4 850% 2013 5.050%
2014 4.800% 2014 4.900% 2014 5.100%
2015 4.860% 2016 5.000% 2015 5.100%
2016 4.900% 2016 5.000% 2018 5.100%
2017 5.000% 1017 5.100% 2017 5.100%
2018 5.000% 2018 5.100% 2018 5.100%
Net Interest Cost: Net Interest Cost: Net interest Coat:
$1,021,580.00 $1,032,319.65 31,050,228.25
Nat Net Net
Interest Interest into net
Rate: 4.913% late: 4 9454% Rate: 5.050%
Ratings. Moody's Investors Service Al
Standard i Pools Corp. A+
LMaude',MARCH S ASSOCIATE,inc.
MS Research Pam Woe
Mvr Moor,UidUpa 146106
(734)1sa41$6 FAX e:(734)161723
30937
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#333-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated March 18, 1998, approved
for submission by the Mayor, to which is attached a proposal from John
Linardos, President, Motor City Brewing Works, Inc., on behalf of the
Michigan Brewers Guild, dated March 10, 1998, requesting permission to
hold the First Annual Michigan Brewers Festival on July 25, 1998, at
Greenmead, the Council does hereby grant permission as requested, the
action taken herein being subject to the following conditions
1 That the Michigan Brewers Guild and all equipment operators shall
provide the City of Livonia with appropriate insurance policies
naming the City of Livonia as additional insured with liability
coverage of $1 million, and all certificates of insurance shall be
submitted to the Department of Law for approval by the City prior to
the event;
2 That the Michigan Brewers Guild and any vendors involved in the
sale of beer or wine on Greenmead property shall provide the City
of Livonia with an insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of $1
million, such certificate to be submitted to the Department of Law
for approval by the City prior to the event;
3 That the Michigan Brewers Guild shall execute a Hold Harmless
agreement in favor of the City of Livonia in a manner and form
acceptable to the Department of Law;
4 That all vendors must obtain transient merchant licenses from the
City of Livonia prior to the event, and all necessary licenses and
permits from state and county agencies prior to the event; and
5 That the Michigan Brewers Guild shall pay the event fee and the
police fee as stated on the City of Livonia Fees/Waivers III
Category Grid as established in Council Resolution 371-93,
adopted on May 5, 1993
A communication from the Department of Community Resources, dated
April 20, 1998, re. additional information on the use of Greenmead property for the
First Annual Michigan Brewers Festival was received and placed on file for the
information of the Council
30938
A communication from the Department of Finance, dated April 20, 1998,
re additional information pertaining to the request from Lauren Mary, Inc. to transfer
iW. ownership of a 1997 SDD-SDM licensed business from Sesco Enterprises, Inc. for a
business located at 19213 Newburgh Road was received and placed on file for the
information of the Council
A communication from the Inspection Department, dated April 20, 1998,
re history of the signage with respect to the business located at 19213 Newburgh
Road, as well as a history of the signage on the building itself, was received and placed
on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#334-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 16, 1997, and a
report and recommendation from the Chief of Police, dated March 20,
1998, approved for submission by the Mayor, regarding the request from
Lauren Mary, Inc. for transfer of ownership of a 1997 SDD-SDM licensed
business from Sesco Enterprises, Inc. for a business located at 19213
Newburgh Road, Livonia, Michigan 48152, Wayne County, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was.
#335-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 25, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Michigan Caterpillar, 24800 Novi Road, Novi, Michigan 48375, for
supplying the Public Service Division (Road Maintenance Section) with
one (1) trailer-mounted 13" brush chipper for a net price of $21,535 00,
based on a total price of $26,035 00 less trade-ins of$4,500 00, the same
having been in fact the lowest bid received which meets all specifications,
and the bid of Vermeer Sales & Service, Inc. is hereby rejected for the
reasons indicated in the attachment.
30939
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#336-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 27, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Wm.
F Sell & Son, Inc., 16555 S Telegraph Road, Taylor, Michigan 48180, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) all purpose tractor with all-weather cab for a net price of
$32,102.00, based on a total price of$36,937 00 less trade-ins of
$4,835 00, the same having been in fact the lowest and only bid received
which meets specifications
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#337-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 2, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Michigan Caterpillar, 24800 Novi Road, Novi, Michigan 48375, for
supplying the Public Service Division (Road Maintenance Section) with
one (1) trailer-mounted 17" brush chipper for a net price of $25,485 00,
based on a total price of$29,985 00 less trade-ins of$4,500 00, the same
having been in fact the lowest bid received which meets all specifications,
and the bids of Bandit Industries, Inc., Vermeer Sales & Service, Inc., and
Burke Equipment Company are hereby rejected for the reasons indicated
in the attachment.
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
#338-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which transmits its
resolution 3-42-98, adopted on March 24, 1998, with regard to a Sign
Permit Application, submitted by Allied Signs, Inc. on behalf of Kmart,
requesting approval for signage for the store located at 30255 Plymouth
Road in the Northeast 1/4 of Section 35, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
30940
The minutes of the Special Meeting held October 21, 1997, re. Zoning
Board of Appeals Appeal Case No 9710-159 - a modification of an existing wall sign
for the Kmart store located at 30255 Plymouth Road, resulting in excess number of wall
signs and wall sign area -were received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Walsh, it was.
#339-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 1998, which transmits its
resolution 3-49-98, adopted on March 31, 1998, with regard to a Sign
Permit Application, submitted by Doyle Signs on behalf of Walgreens
Drug Store, requesting approval for signage for the store located at 17700
Middlebelt Road in the Southwest 1/4 of Section 12, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, and Duggan.
NAYS Engebretson.
The President declared the resolution adopted.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#340-98 RESOLVED, that the Council does hereby refer the subject
of building reliefs as they relate to the issue of signage to the Committee
of the Whole for its report and recommendation
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#341-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 31, 1998, which transmits its
resolution 3-44-98, adopted on March 24, 1998, with regard to a revision
to Petition 94-12-2-36, submitted by Archie's Restaurant requesting
waiver use approval to expand the building and increase the seating
capacity of an existing restaurant located at 30471 Plymouth Road in the
Northwest 1/4 of Section 35, which property is zoned C-2, the Council
30941
does hereby concur in the recommendation made by the City Planning
Commission and Petition 94-12-2-36, as revised, is hereby approved and
granted, subject to the following conditions
1) That Council Resolution #326-95 be amended to allow the
retaining of the east driveway;
2) That no parking shall be permitted in this area and the existing
parking spaces shall be removed; and
3) That if the necessary right-of-way for the realignment of Milburn
Avenue with Sears Drive is obtained by the City of Livonia, the
issue of a drive connecting the restaurant's property with Milburn
Avenue shall be revisited with the petitioner
On a motion by Walsh, seconded by Vandersloot, it was.
#342-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which transmits its
resolution 3-40-98, adopted on March 24, 1998, with regard to Petition
98-3-2-5, submitted by Westborn Market of Livonia, Inc. requesting
waiver use approval to utilize an SDM license for a market on property
located on the west side of Middlebelt Road between Five Mile Road and
Linda Avenue in the Northeast 1/4 of Section 23, which property is zoned
C-2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 98-3-2-5 is hereby approved and
granted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan, and Engebretson
NAYS Brosnan
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#343-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which transmits
its resolution 2-21-98 adopted on February 24, 1998, with regard to
Petition 98-1-8-4 submitted by Manor Care Health Services, requesting
site plan approval in connection with a proposal to construct a senior
housing facility on property located at 32440 Seven Mile Road in the
Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section
18 47 of Ordinance No 543, as amended, the Council does hereby
30942
concur in the recommendation of the Planning Commission and Petition
98-1-8-4 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked Sheet 2 prepared by Nowak & Fraus, as
received by the Planning Commission on February 13, 1998, is
hereby approved and shall be adhered to,
2. That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building, and the enclosure gates shall be maintained and when
not in use closed at all times,
3 That the Landscape Plan marked Sheet 3 prepared by Nowak &
Fraus, dated February 19, 1998, is hereby approved and shall be
adhered to;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plans marked Sheet A4
prepared by David L. Hoffman, as received by the Planning
Commission on February 17, 1998, are hereby approved and shall
be adhered to,
7 That the exterior of the facility shall be finished in earth tone colors
and the short fencing around the ground mechanical equipment
shall be painted or finished to match the color of the building,
8 That the petitioner shall meet to the satisfaction of the Engineering
Department the following requirements as outlined in the
correspondence dated February 3, 1998
• sidewalks are required along the Seven Mile Road side of the
property to connect existing sidewalks together;
• both the sidewalk and approach location will need approval by
Wayne County prior to obtaining a permit from the Engineering
Department; and
9 That this approval is subject to the petitioner being granted a
variance by the Zoning Board of Appeals for the location and
height of the proposed fences
30943
Brosnan left the podium at 9 15 p m due to a conflict of interest on the next Agenda
item
On a motion by Duggan, seconded by Vandersloot, it was
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 398
for a proposed improvement consisting of removing the existing asphalt
curb sections, installing two foot (2') wide asphalt curbs and gutters and
resurfacing the pavement with 1-1/2" of asphalt (Modified Alternate III -
Option 3), thus retaining the current total width of 19-1/2 feet on Hubbard
Road, Cranston, Blackburn, Ingram, Berwick, Auburndale, Melrose and
Arden Avenues between Plymouth Road and West Chicago, as well as
Elmira and Orangelawn Avenues between Hubbard and Merriman Roads,
in the Old Rosedale Gardens Subdivision in the Northeast 1/4 of Section
34, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, April 1, 1998, at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 398, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1998, in
the amount of $894,845 39, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 398 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
30944
above the average rate of interest borne by said bonds. In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998,
(5) The first installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08.210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($157,913 89), 100% of drainage costs ($46,000 00) for a
total amount of $203,913 89
Communications from Ronald S Cyrul, 9909 Melrose Avenue, dated April
20, 1998, and from Constance Krause, 32106 West Chicago Street, dated April 7,
1998, re stating their opposition of the street improvement in Old Rosedale Gardens
Subdivision were received and placed on file for the information of the Council
30945
A communication from Ann and David McShane, 11300 Auburndale,
dated April 22, 1998, re voicing disagreement with the proposed tax assessment
regarding homes on corner lots with respect to the street improvement in Old Rosedale
Gardens Subdivision was received and placed on file for the information of the Council
A communication from Tom Wozniak, dated April 21, 1998, re in favor of
paving the streets in the Old Rosedale Gardens Subdivision was received and placed
on file for the information of the Council
The following individuals from the audience addressed this matter
1) Alan Wakenhut, 11300 Cranston - opposed to the way corner lots are assessed;
2) Thelma Ruckhaber, 11036 Cranston - opposed to cost for corner lots,
3) Craig Duncan, 11305 Blackburn - opposed to corner lot assessments,
4) Christopher L. Koppen, 9838 Blackburn - opposed to corner lot assessments,
5) Mark Green, 11301 Arden - opposed to the improvement;
6) Paul Lukas, 9840 Melrose - opposed to the improvement;
7) James Kirchoff, 11033 Blackburn - doesn't think his road needs to be paved;
8) Mike Olis, 11301 Ingram - opposed to corner lot assessments,
9) Dr W J Miller, 11037 Blackburn - opposed to the improvement;
10) David Wright, 9836 Ingram - opposed to corner lot assessments;
11) Jerry Shaughnessy, 11300 Blackburn - opposed to corner lot assessments,
12) John Muir, 11301 Melrose - wants City to pick up more of the costs re: certain
streets in the subdivision,
13) Curt Tyson, 9900 Hubbard - wants relief for corner lots;
14) Denise Barlage, 11030 Arden - in favor of repaving
15) Carole Bischoff, 9901 Arden - opposed to corner lot assessments; and
16) Elsa Johnston, 11033 Arden - thinks everyone should pay according to footage
The President relinquished the Chair to the Vice President at 9.51 p m to address this
matter
A roll call vote was then taken on the resolution by Duggan, seconded by Vendersloot,
as follows.
#344-98 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 398
for a proposed improvement consisting of removing the existing asphalt
curb sections, installing two foot (2') wide asphalt curbs and gutters and
resurfacing the pavement with 1-1/2" of asphalt (Modified Alternate III -
Option 3), thus retaining the current total width of 19-1/2 feet on Hubbard
Road, Cranston, Blackburn, Ingram, Berwick, Auburndale, Melrose and
Arden Avenues between Plymouth Road and West Chicago, as well as
30946
Elmira and Orangelawn Avenues between Hubbard and Merriman Roads,
in the Old Rosedale Gardens Subdivision in the Northeast 1/4 of Section
34, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, April 1, 1998, at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 398; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1998, in
the amount of $894,845 39, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 398 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
fike. roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
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statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998,
(5) The first installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08.220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($157,913 89), 100% of drainage costs ($46,000 00) for a
total amount of$203,913 89
with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, and Walsh
NAYS None
The Vice President declared the resolution adopted
The President resumed the Chair at 10 01 p m.
Brosnan returned to the podium at 1001 p m
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#345-98 RESOLVED, that having considered a communication from
the City Engineer, dated January 21, 1998, approved by the Director of
Public Works and approved for submission by the Mayor, regarding the
replacement of sidewalks in the City of Livonia pursuant to the 1997
Sidewalk Program (Contract 97-J) on the following parcels in the following
amounts.
Parcels of property and assessment, as outlined in the Treasurer's
letter dated April 17, 1998, is included herein by reference,
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which work was done pursuant to Council Resolution 232-97 and in
accordance with the provisions of Section 12.04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges;
FURTHER, the Council does hereby authorize installment payments in
the number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time, this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
A communication from the Civil Service Department, dated April 7, 1998,
re forwarding a Letter of Understanding Addendum to the Livonia Lieutenants and
Sergeants Association Contract Agreement for the period December 1, 1997 through
November 30, 2000 to clarify the basis for the calculation of the lump-sum rollover to
the Defined Contribution Retirement Plan was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
it was.
#346-98 RESOLVED, that having received a Letter of Understanding
Addendum to the Livonia Lieutenants and Sergeants Association Contract
Agreement for the period December 1, 1997 through November 30, 2000,
the Council does hereby approve said Contract Addendum
On a motion by Brosnan, seconded by Duggan, it was
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#347-98 RESOLVED, that having considered a communication from
the Department of Law, dated April 14, 1998, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held Tuesday, April 28, 1998, at 6 30 p m. for the purposes of discussing
litigation matters and attorney/client privileged communications in
connection with pending litigation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson.
NAYS None
The President declared the resolution adopted.
No one from the audience wished to speak at this time
On a motion by Walsh, seconded by Duggan, and unanimously adopted,
this 1,367th Regular Meeting of the Council of the City of Livonia was adjourned at
1005 p m., April 22, 1998
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Joa cCotter, City Clerk