HomeMy WebLinkAboutCOUNCIL MINUTES 1996-01-17 29228
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWELFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 17, 1996, 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 Taylor delivered the invocation
Roll was called with the following result. Gerald Taylor, Brian Duggan,
Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and
Joe Laura Absent: None
Elected and appointed officials present. Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan
McCotter, City Clerk, Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director
of Legislative Affairs, Michael T Slater, Finance Director; John Fegan, Director of
Inspection, Ronald Reinke, Superintendent of Parks and Recreation, Laura M Toy,
City Treasurer; Elizabeth Todd, Deputy City Treasurer; Ronald J Engle, Fire Chief;
Michael Deller, City Librarian, Kathleen McCann, 16th District Court Judge, Linda
McCann, newly appointed Director of Community Resources, William C Fried,
Municipal Building Authority of Livonia, Sue Daniel, Historical Commission, and Al
Flores, Zoning Board of Appeals
On a motion by Brosnan, seconded by Feenstra, and unanimously*
adopted, it was
#1-96 RESOLVED, that the minutes of the 1,311th Regular
Meeting of the Council of the City of Livonia, held December 20, 1995,
are hereby approved as submitted
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*Councilmembers Duggan, Vandersloot, and Laura abstained from voting, which are
recorded as "yes" votes under the provisions of Section 2 04 190B of the Livonia Code
of Ordinances
During the audience communication portion of the meeting, Jeremiah
Riordan, 34934 Parkdale, Livonia, addressed a problem he has been having with his
garbage cans and lids, to which he was told the Director of Inspection would look into
his problem
Councilmember Duggan announced his children are proud to be watching
him for the second time, that he loved them, but they should be in bed
Councilmember McGee commended the professionalism the Livonia
Police Department displayed during Newt Gingrich's recent appearance at Burton
Manor
Mayor Kirksey addressed a communication which indicated his
administrative appointments for the upcoming year He also spoke to a meeting that
was held recently with the Councilmembers, the Superintendent of Schools, the
President of the Chamber of Commerce, LEDO, and others to help a corporate entity
relocate and find more space in Livonia The Mayor also concurred with
Councilmember McGee in giving accolades to the Police Department during Newt
Gingrich's recent visit to Livonia, and commended the Burton Manor as having been an
excellent host.
On a motion by Feenstra, seconded by Brosnan, it was
#2-96 RESOLVED, that having considered a request from Kevin Y
Martin, 30889 Mayville, dated December 1, 1995, for street lighting
installation at the intersections of Mayville and Merriman and Bobrich and
Merriman, the Council does hereby refer this item to the Streets, Roads
and Plats Committee for its report and recommendation
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#3-96 RESOLVED, that having considered a request from Kevin Y
Martin, 30889 Mayville, dated December 1, 1995, for street lighting
installation at the intersections of Mayville and Merriman and Bobrich and
Merriman, the Council does hereby refer this item to the Engineering
Department for its report and recommendation
#4-96 RESOLVED, that having considered a letter from Mary
Mengel, 18090 Fairway, Livonia, Michigan 48152, received by the Office
of the City Clerk on December 27, 1995, which, in behalf of St. Genevieve
Church, requests permission to place four 30" x 48" sandwich signs
advertising a BingoNegas Festival to be conducted on February 16 and
17, 1996, said signs to be installed on February 9, 1996, at the following
intersections
Five Mile and Garden
Middlebelt and Jamison
Inkster and Lyndon
Lyndon and Harrison
and all signs to be removed by midnight on February 17, 1996, the
Council does hereby approve of and concur in this request in the manner
and form herein requested
Communications from the City Clerk, dated December 21, 1995,
forwarding a communication from the Secretary of the Livonia Public Schools Board of
Education re 1996 tax collection for Livonia Public Schools, as well as from the City
Treasurer, dated January 15, 1996, regarding the same subject matter, were received
and placed on file for the information of the Council
#5-96 RESOLVED, that having considered a communication from
the City Clerk, dated December 27, 1995, to which is attached a
communication from the Oakland Schools, dated December 20, 1995, as
well as a communication from the City Treasurer, dated January 15, 1996,
the Council does hereby approve the request from the Board of Education
of Oakland Schools to collect 100% of the eligible property tax for general
education, special education and vocational education for the fiscal year
beginning July 1, 1996, in the same manner and at the time that school
district or community college taxes are being collected by the City; and
the City Treasurer is hereby authorized to do all things necessary or
incidental to the full performance of this resolution
#6-96 RESOLVED, that having considered a communication from
the City Clerk, dated December 27, 1995, to which is attached a
communication from the Wayne County Regional Educational Service
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Agency (RESA), dated December 21, 1995, as well as a communication
from the City Treasurer, dated January 15, 1996, the Council does hereby
approve the request to collect one-half of the RESA intermediate school
property taxes as part of the City's summer collection process for the tax
year 1996, and the City Treasurer is hereby authorized to do all things
necessary or incidental to the full performance of this resolution
#7-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 30, 1995, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and having also considered a letter from Allie Brothers,
Inc., dated November 30, 1995, the Council does hereby authorize the
purchase of uniforms for the Fire Department from Allie Brothers, Inc ,
20295 Middlebelt Road, Livonia, Michigan 48152, for the same unit bid
prices accepted in Council Resolution 910-92, adopted on November 9,
1992, for an additional one-year period, FURTHER, the Council does
hereby authorize the action herein without competitive bidding in
accordance with Section 3 04 140D4 of the Livonia Code of Ordinances,
as amended
#8-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 18, 1995, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, and having also considered a letter from Douglass Safety
Systems, dated December 7, 1995, the Council does hereby authorize the
purchase of twelve (12) self-contained breathing apparatus (SCBA) for
the Fire Department from Douglass Safety Systems, 3649 Swinson Road,
Rhodes, Michigan 48652, for the same bid price accepted in Council
Resolution 274-95, adopted on May 3, 1995, in the amount of $18,605 64,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended, FURTHER, the Council does hereby
authorize the sale of the old SCBA equipment by the Fire Department as
such equipment is replaced
#9-96 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
December 22, 1995, approved by the City Attorney and the Finance
Director, and approved for submission by the Mayor, and to which is
attached an amended User-Side Subsidy/Specialized Transportation
Services Agreement to Provide Specialized Transportation Service for
Non-Transferable Handicapped Persons in Northwest Wayne County,
Farmington and Farmington Hills, between the City of Livonia and
Northwest Transport Co , 31376 Industrial Road, Livonia, Michigan
48150, for the period October 1, 1995 through September 30, 1996, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the said agreement, as amended,
as well as to execute an agreement with SMART for support of this
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Specialized Services (Lift-Equipped) Transportation Program, provided
that the agreement is approved as to form by the Department of Law
#10-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 19, 1995,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 476-95, to which is attached a handout for residents
explaining the City's sidewalk installation process, the Council does
hereby request that the Engineering Department incorporate this
additional information into the existing pamphlet provided to residents
#11-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
December 20, 1995, which bears the signature of the Finance Director
and is approved for submission by the Mayor, and which submits a new
proposed lease between the City of Livonia and the Detroit Metropolitan
YMCA for a period of three seasons commencing June 1, 1996 through
September 15, 1998, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the attached
agreement in the manner and form herein submitted, as well as to do all
other things necessary to the full performance of this resolution, provided,
however, that a Letter of Understanding shall be submitted by the Detroit
Metropolitan YMCA stating that if daily admission charges and rates for
hourly rentals and lessons offered for sale by tenant are increased,
pursuant to Section II, 2 2 of the agreement, such charges and rates shall
only be increased in an amount sufficient to meet increased costs of
operation of the facility
#12-96 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
February 26, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 95-9-1-20, submitted by the City Planning Commission,
pursuant to CR 482-94, for a change of zoning of property located
west of Middlebelt Road between Five Mile Road and Puritan
Avenue in the Southeast 1/4 of Section 14, from PL and RUF to
NP, the City Planning Commission in its resolution 12-243-95
having recommended to the City Council that Petition 95-9-1-20 be
approved,
(2) Petition 95-10-1-21, submitted by the City Planning Commission,
for a change of zoning of a portion of Helman Park located on the
east side of Gill Road between Southampton Avenue and Curtis
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Road in the Northeast 1/4 of Section 9, from PL to NP, the City
Planning Commission in its resolution 12-244-95 having
recommended to the City Council that Petition 95-10-1-21 be
approved,
(3) Petition 95-10-1-22, submitted by the City Planning Commission,
for a change of zoning of Denmar Park located on the north side of
Curtis Road between Golfview Drive and Hampton Court in the
Northeast 1/4 of Section 8, from PL to NP, the City Planning
Commission in its resolution 12-245-95 having recommended to
the City Council that Petition 95-10-1-22 be approved,
(4) Petition 95-10-1-23, submitted by the City Planning Commission,
for a change of zoning of Madonna Park located on the south side
of Lyndon Avenue between Fairway Drive and Parklane Drive in
the Southwest 1/4 of Section 20, from PL to NP, the City Planning
Commission in its resolution 12-246-95 having recommended to
the City Council that Petition 95-10-1-23 be approved, and
(5) Petition 95-10-1-24, submitted by the City Planning Commission,
for a change of zoning of Greenbriar Park located on the north side
of Lyndon Avenue between Yale Avenue and Ellen Drive in the
Northwest 1/4 of Section 21, from PL to NP, the City Planning
Commission in its resolution 12-247-95 having recommended to
the City Council that Petition 95-10-1-24 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and
Laura
NAYS None
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Taylor gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 95-10-3-3)
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 gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 95-10-3-4)
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
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 25 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 95-7-1-16)
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
On a motion by Vandersloot, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the City Assessor, dated December 13, 1995, approved for submission by
the Mayor, with regard to a request from Mr Mark Standley, 28530
Pickford, Livonia, Michigan 48152, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby determine to deny the request for
dividing Tax Item No 46-052-99-0105-000 into two parcels since the
same would be in violation of the City's Zoning Ordinance and law, as
well as for the reason that the proposed lot split would not be consistent
with good planning and zoning practice
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On a motion by Duggan, seconded by Feenstra, it was
RESOLVED, that the Council does hereby determine to
substitute an approving resolution with regard to a request from Mr Mark
Standley, 28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item
No 46-052-99-0105-000 into two parcels
A roll call vote was taken on the motion to substitute with the following result:
AYES Duggan, Feenstra, McGee, and Laura
NAYS Taylor, Brosnan, and Vandersloot.
The President declared the motion to substitute adopted
On a motion by Duggan, seconded by Feenstra, it was
RESOLVED, that having considered a communication from
the City Assessor, dated December 13, 1995, approved for submission by
the Mayor, with regard to a request from Mr Mark Standley, 28530
Pickford, Livonia, Michigan 48152, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby determine to approve the request
for dividing Tax Item No 46-052-99-0105-000 into two parcels, the legal
descriptions of which shall read as follows
PARCEL A.
The North 40 feet of the South 1402 feet of the West 220 feet of the East
654 feet of the East 1/2 of the Southeast 1/4 of Section 13 thereof, except
the East 30 feet.
PARCEL B.
The South 40 feet of the North 80 feet of the South 1402 feet of the West
220 feet of the East 654 feet of the East 1/2 of the Southeast 1/4 of
Section 13 thereof, except the East 30 feet
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
A roll call vote was taken on the substitute resolution with the following result.
AYES Duggan, Feenstra, and Laura
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NAYS Taylor, Brosnan, Vandersloot, and McGee
The President declared the substitute resolution denied
On a motion by Feenstra, seconded by Duggan, it was
RESOLVED, that the Council does hereby determine to
adopt a substitute resolution which would refer to the Committee of the
Whole for its report and recommendation the request from Mr Mark
Standley, 28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item
No 46-052-99-0105-000 into two parcels
On a motion by Taylor, seconded by McGee, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution denying the request from Mr Mark Standley,
28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item No 46-
052-99-0105-000 into two parcels
A roll call vote was taken on the motion to substitute with the following result.
AYES Taylor, Brosnan, Vandersloot, and McGee
NAYS Duggan, Feenstra, and Laura
The President declared the motion to substitute adopted
On a motion by Taylor, seconded by McGee, it was
#13-96 RESOLVED, that having considered a communication from
the City Assessor, dated December 13, 1995, approved for submission by
the Mayor, with regard to a request from Mr Mark Standley, 28530
Pickford, Livonia, Michigan 48152, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby determine to deny the request for
dividing Tax Item No 46-052-99-0105-000 into two parcels since the
same would be in violation of the City's Zoning Ordinance and law, as
well as for the reason that the proposed lot split would not be consistent
with good planning and zoning practice
A roll call vote was taken on the substitute resolution with the following result.
AYES Taylor, Brosnan, Vandersloot, and McGee
NAYS Duggan, Feenstra, and Laura
The President declared the substitute resolution adopted
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On a motion by McGee, seconded by Taylor, and unanimously adopted, it
was
#14-96 RESOLVED, that having considered a communication from
the City Engineer, dated December 27, 1995, approved for submission by
the Mayor, to which are attached lists of sidewalks requiring installation or
replacement within miscellaneous locations throughout the City of
Livonia, said list being included herein by reference, and for the reasons
stated, the Council does hereby require the respective owners of lots and
premises referred to in said list to install or to remove and replace
sidewalk at such premises, to carry out the provisions of this resolution
which is made pursuant to Title 12, Section 340 of the Livonia Code of
Ordinances, as amended, FURTHER, said notice shall set forth that the
respective owners of lots and premises herein referred to shall complete
said sidewalk no later than June 1, 1996, after which date the
Engineering Department shall arrange for the construction and/or
reconstruction of the said sidewalks, FURTHER, the Council does hereby
authorize the construction and/or reconstruction of various sections of
sidewalks and crosswalks at several locations within the City inasmuch as
the same are the City's responsibility; and FURTHER, the Engineering
Department is hereby authorized to finalize plans and specifications and
arrange for the taking of bids for the 1996 Sidewalk Program, which
program will include all required work which has not been completed by
private property owners by June 1, 1996
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#15-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated December 20,
1995, 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 Detroit Temperature Engineers, Inc , 12490 Globe Road,
Livonia, Michigan 48150, for completing all work required in connection
with the repair and replacement of the heating system at the Alfred Noble
Library for the sum of $72,350 00, FURTHER, the Council does hereby
authorize the expenditure of the sum of $36,941 00 from funds already
budgeted for this project in the Capital Projects Fund (Account No 401-
000-076-025), and the Council does further appropriate and authorize the
expenditure of the additional sum of $35,409 00 from the Capital Projects
Fund (401) Unexpended Fund Balance for this purpose, and the Director
of Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary, and the Mayor and City Clerk are hereby
authorized to execute a contract, for and on behalf of the City of Livonia,
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
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On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#16-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 19, 1995, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize the purchase, through
the Oakland County Bid Specification process, of one 3/4 ton 4x2 GMC
pick-up for the Fire Fighting Division from Red Holman Pontiac GMC,
35300 Ford Road, Westland, Michigan 48185, for the price of $17,609 00,
and one Chevrolet S-10 pick-up for the Fire Maintenance Division from
Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan
48313, for the price of $17,500 00, for a total price of $35,109 00, the
same to be expended from funds already budgeted for this purpose,
FURTHER, the Council does hereby authorize the said purchase without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#17-96 RESOLVED, that the Council does hereby refer the subject
of the disposition of excess City vehicles and the question of whether all
excess vehicles have been disposed of to the Department of Public
Works for its report and recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#18-96 RESOLVED, that the Council does hereby request that the
Department of Public Works submit its report and recommendation
relative to an updated list of vehicle assignments, including pool vehicles,
and the name of the individual assigned to each City vehicle
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#19-96 RESOLVED, that the Council does hereby refer the subject
of City policy in regards to employees and City officials taking City
vehicles home to the Department of Public Works, the Fire Department
and the Police Department for their respective reports and
recommendations
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On a motion by Taylor, seconded by Duggan, it was
#20-96 RESOLVED, that the Council does hereby refer the subject
of the amount of budgeted funds for vehicles and the number of vehicles
currently authorized in the budget compared to the number currently
owned or leased by the City to the Director of Finance for his report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Feenstra, Vandersloot, McGee, and Laura.
NAYS Brosnan.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
December 20, 1995, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which
transmits Parks and Recreation Commission Resolution 2340-95,
adopted on December 5, 1995, wherein the following increase in greens
fees with outing fees and changes to the outing policy and City of
Livonia fees/waivers as follows
1 FEES
CURRENT PROPOSED
RESIDENT
Mon - Fri 9 Holes $ 8 50 $ 9 00
Mon - Fri 18 Holes 13 00 14 50
Sat/Sun/Hol 9 Holes 9 50 10 50
SatlSun/Hol 18 Holes 14 00 15 50
Junior & Senior 9 Holes 4 00 4 50
Junior & Senior 18 Holes 7 50 8 25
Twilight 5 00 5 50
Winter Rate 6 00 6 75
December 1 - March 31
Seniors at Regular Rate
NON-RESIDENT
Mon - Fri 9 Holes $13 00 $14 00
Mon - Fri 18 Holes 19 50 20 50
Sat/Sun/Hol 9 Holes 16 00 16 50
Sat/Sun/Hol 18 Holes 20 50 22 00
Twilight 7 50 8 50
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RESERVATION
Weekends $ 50/golfer No Change
Weekdays $ 50/golfer No Change
LEAGUE RATE $11 50/golfer $12 25/golfer
OUTING RATE
Mon - Fri* 9 Holes $11 00 $12 25
Mon - Fri* 18 Holes 16 50 18 00
Sat - Sun* 9 Holes 13 00 14 50
Sat - Sun* 18 Holes 17 50 19 00
No outing on Holidays
*Includes reservation fee for guaranteed starting time
No changes to Senior or Junior Times They will remain as follows
SENIOR TIMES
April 1 thru September 30.
Mon - Fri Idyl Wyld 7 a m till 2 p m
Mon, Tues & Thurs Whispering Willows 7 a m till 12 30 p m
Tues & Thurs Fox Creek 7am till 12 30 p m
After September 30
Mon - Fri Idyl Wyld 7 a m till 3 p m
Mon - Fri Whispering Willows 7 a m till 12 30 p m
Mon - Fri Fox Creek 7 a m till 12 30 p m
JUNIOR TIMES
Mon & Thurs Idyl Wyld 7 a m till 2 p m
Tues Whispering Willows 7 a m till 11 30 a m
Fri Fox Creek 7am till 11 30 a m
From Friday of week school is out until the Friday prior to the start of
school - ages 10-17 Resident of Livonia with school identification,
bus pass or report card
2 PROPOSED CHANGES IN OUTING POLICY
CURRENT
a Shotgun starts prior to 8 a m only Monday - Friday
b Memorial Day to Labor Day, no outings prior to 1 p m on
Saturday and Sunday
c. Minimum number for outing is 24 players
d Minimum deposit of $200 required to book an outing
CHANGES
a. Shotgun starts prior to 8 a m only, Monday through Friday, from
Memorial Day to Labor Day, and shotgun starts would be permitted
anytime prior to Memorial Day and after Labor Day
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d Minimum deposit of $100 required to book an outing
3 CITY OF LIVONIA FEES/WAIVERS CHANGES
CURRENT
STATUS CATEGORY I CATEGORY II CATEGORY III CAT IV
Golf Course $5 per golfer/18 $7 per golfer/18 $10 per golfer/18 Full fees
Use Fee *1 holes or equiva- holes or equiva- holes *501-C-3 paid
per/year lent donation to lent donation to at $5/18 holes
Parks & Rec Dept Parks & Rec Dept
Adopted May 5, 1993 CR 371-93
PROPOSED
STATUS CATEGORY I CATEGORY II CATEGORY III CAT IV
Golf Course $5 50 per golfer/ $7 75 per golfer/ $11 per golfer/18 Full fees
Use Fee *1 18 holes or 18 holes or holes *501-C-3 paid
per/year equivalent equivalent at $5 50/18 holes
donation to the donation to the
Parks & Rec Dept Parks & Rec Dept
the Council does hereby determine to concur and approve of the foregoing
action
On a motion by Brosnan, seconded by Vandersloot, it was
RESOLVED, that a substitute resolution be adopted that
would refer the foregoing matter to the Committee of the Whole
A roll call vote was taken on the motion to substitute as follows
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura
NAYS None
The President declared the motion to substitute adopted
On a motion by Brosnan, seconded by Vandersloot, it was
#21-96 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the matter of the
proposed increase in greens fees and changes to outing policy and City of
29242
Livonia fees/waivers which was approved by the Parks and Recreation
Commission in its resolution #2340-95, adopted on December 5, 1995
A roll call vote was taken on the substitute resolution with the following result:
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and
Laura
NAYS None
The President declared the substitute resolution adopted
From the audience, Bob Snyder, 16774 Ronnie Lane, stated his opposition to the
proposed price increases and requested that a price study be done comparing the
surrounding areas' facilities to Livonia's
On a motion by Taylor, seconded by Vandersloot, it was
#22-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 22, 1995, and the
report and recommendation of the Chief of Police, dated December 12,
1995, approved for submission by the Mayor, the Council does hereby
approve of the request from Garden Enterprises, Inc for transfer of
ownership of a 1995 SDM licensed business from Gleno's Inc for a
business located at 27405 Grand River, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura
NAYS McGee
The President declared the resolution adopted
On a motion by McGee, seconded by Taylor, and unanimously adopted, it
was
#23-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1995, which
transmits its Resolution 12-248-95, adopted on December 19, 1995, with
regard to Petition 95-10-3-5 submitted by Garfield Kindred Associates,
P C , Architects, on behalf of the Livonia Community Credit Union,
requesting the vacating of a portion of Westmore Avenue south of
Roycroft Avenue and east of Farmington Road in the Southwest 1/4 of
Section 15, the Council does hereby concur in the recommendation of the
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City Planning Commission and does grant and approve the said Petition
95-10-3-5 subject to maintaining a full-width easement for public utilities,
and the Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#24-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1995, which
transmits its resolution 12-251-95, adopted on December 19, 1995, with
regard to Petition 95-11-8-27 submitted by the Livonia Community Credit
Union, requesting site plan approval in connection with a proposal to
construct a new driveway for the financial facility located at 15420
Farmington Road in the Southwest 1/4 of Section 15, pursuant to the
provisions set forth in Section 18 47 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 95-11-8-27 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan, marked Sheet A-1 dated October 20, 1995,
prepared by Garfield Kindred Associates, is hereby approved and
shall be adhered to,
2 That this approval is contingent on City Council approval to vacate
the adjacent section of Westmore Avenue, and
3 That the directional signs shown on the plan, which are in
compliance with Section 18 50D Permitted Signs, subheading
Directional Signs, are hereby approved
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the Director of Finance, dated December 20, 1995, approved for
submission by the Mayor, in response to the request from Council
regarding the budget adjustment that would be necessary to achieve
personnel cost savings with respect to the Deputy Treasurer position, the
Council does hereby authorize a budget transfer (effective March 1, 1996)
as follows
Amount
Account (101-) Description Debit Credit
253-702-000 Salaries and Wages $37,257
253-722-000 Retirement Contrib 8,215
253-715-000 Emp Soc Sec - FICA 2,849
253-720-000 Life Insurance 120
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253-719-000 Medical Payment 3,102
325-702-000 Patrol Salaries & Wages $51,543
for Police patrol personnel
On a motion by Vandersloot, it was
RESOLVED, that the Council does hereby determine to
substitute a denying resolution in lieu of the foregoing approving
resolution
President Laura relinquished the Chair to the Vice President at 8 45 p m in order to
second the substitute motion made by Vandersloot.
A roll call vote was taken on the motion to substitute with the following result.
AYES Vandersloot and Laura
NAYS Taylor, Duggan, Feenstra, McGee, and Brosnan
The Vice President declared the motion to substitute denied
The President resumed the gavel at 8 46 p m
The following individuals from the audience spoke at this time
1) Jim Biga, 35354 Lancashire - stated this subject matter was not publicly
discussed in the past. He was upset there was no public hearing on this matter, and
asked that this matter not be acted upon until an investigation is done regarding a
possible violation regarding the Open Meetings Act.
2) Denise Mika-Biga, 35354 Lancashire - stated there was no analysis done
regarding the duties and responsibilities of the position of Deputy Treasurer, and she
would like to see an analysis done before this position is eliminated
3) Loraine Connelly, 32148 Camborne Lane - stated that to her it seemed like if the
Treasurer didn't appoint the person the Council wanted as the Deputy Treasurer, that
this position would be eliminated
4) Lillian Edney, 15405 Harrison - commented on the fact that just as the former
Treasurer was retiring, he stated the City didn't really need a Treasurer Ms Edney
stated if the Council is being vindictive, that bothers her
On a motion by Duggan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution that would send this matter to the Committee of the
Whole for its report and recommendation
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The motion failed for lack of support.
On a motion by Feenstra, seconded by Taylor, it was
#25-96 RESOLVED, that having considered a communication from
the Director of Finance, dated December 20, 1995, approved for
submission by the Mayor, in response to the request from Council
regarding the budget adjustment that would be necessary to achieve
personnel cost savings with respect to the Deputy Treasurer position, the
Council does hereby authorize a budget transfer (effective March 1, 1996)
as follows.
Amount
Account (101-) Description Debit Credit
253-702-000 Salaries and Wages $37,257
253-722-000 Retirement Contrib 8,215
253-715-000 Emp Soc Sec - FICA 2,849
253-720-000 Life Insurance 120
253-719-000 Medical Payment 3,102
325-702-000 Patrol Salaries & Wages $51,543
for Police patrol personnel
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Duggan, Feenstra, Brosnan, and McGee
NAYS Vandersloot and Laura
The President declared the resolution adopted.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#26-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 2, 1995, which sets forth its
resolution 9-180-95 adopted on September 26, 1995, with regard to
Petition 95-7-1-15, submitted by the City Planning Commission, for a
change of zoning of property located on the southeast corner of Plymouth
Road and Laurel Avenue, in the Northwest 1/4 of Section 33, from C-1 to
C-2, and the Council having conducted a public hearing with regard to
this matter on December 6, 1995, pursuant to Council Resolution 726-95,
the Council does hereby approve Petition 95-7-1-15 for preparation of the
ordinance for submission to Council, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
29246
Law is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#27-96 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated October 9, 1995, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a
first public hearing having been held thereon on December 6, 1995, after
due notice as required by Section 3 08 070 of said Code, and after careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting of a 28 foot
wide full-depth asphalt pavement (approximately 7-1/2" thick) with
mountable asphalt curbs (Alternate III) of Savoie and Grove south
of Six Mile Road and east of Middlebelt Road in the Northwest 1/4
of Section 13, T 1 S , R 9E , City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived or to be
derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated October 9, 1995,
(4) determine that the estimated cost of such improvement is
$374,689 18,
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions thereafter established,
(6) that the proportion of the cost and expense of said improvement to
be borne and paid by the City shall be 15% of paving ($44,128 38)
and 100% of drainage ($80,500 00) and that the balance of said
cost and expense of said public improvement amounting to 85%
shall be borne and paid by special assessments on all lands and
premises in the special assessment district as herein established in
proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with interest
thereon on the unpaid balance,
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(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the N W 1/4 of Section 13, T 1
S , R. 9 E , City of Livonia, Wayne County, Michigan, described as
containing the property listed on the attached Special Assessment
Roll and shown on the attached Special Assessment District Map
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each
such lot or parcel of land such relative portions of the whole sum to
be levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor shall attach
.L
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, of the
City of Livonia and file the same with the City Clerk who thereupon
is directed to present the same to the City Council prior to the
holding of the second public hearing thereon as required by
Section 3 08 110 of the said Code
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#28-96 RESOLVED, that the Council does hereby refer the subject
of possibly posting signs stating "No Through Traffic" on Savoie and
Grove (south of Six Mile Road and east of Middlebelt Road) in the
Northwest 1/4 of Section 13 to the Traffic Commission for its report and
recommendation
Also, through the direction of the Chair, the Engineering Department was requested to
prepare an Alternate IV roll
Several individuals from the audience spoke regarding the proposed street
improvement of Savoie and Grove They are as follows
1) Denny Winegarden - was representing his father, who resides at 29181 Grove
He addressed the inequity of the assessment; some people will have to pay much more
than others, and a good portion of the homeowners are retired This is about the third
time in the past six years this proposed paving matter has come up The City was
29248
supposed to be taking care of the road, but hasn't been doing so properly (He was
also representing another neighbor on Savoie )
2) Paul McEachern, 29182 Grove - he is against having the road paved at this time,
and also feels perhaps there could be a more cost-effective way to handle this
3) Sharon Bushway, 29127 Grove - she likes the rural setting and the fact there is
no paved road There is no way she could recoup the money she would have to pay
for the road paving if she ever sold her house
4) Deborah Koss, 29181 Grove - also likes the rural setting and feels there may be
a better alternative She is against the improvement. What's next? Street lights and
sidewalks?
5) Art Bardell, 16862 Savoie - he has been in his home less than a year; the setting
was a major factor for him in buying his home He asked the Council to consider the
life span of a dirt road
6) Carol Donahue, 16744 Savoie - she's in favor of paving the road The ditches
are at least 4' deep, and roads don't stay graded Prices keep going up -- might as well
do it now
7) Bill Meldrum, 16570 Savoie - if the assessment could be equalized, he would be
in favor of that instead of some people paying much more than others He's in favor of
paving the road
8) Tom Donahue, 16744 Savoie - the street is very bad, it needs to be paved
9) Linda Spellich, 29153 Grove - stated she was not notified of the public hearing
10) Richard Seaman, 16702 Savoie - the ditches are 4' deep and drainage has been
a problem. The only thing to do is to pave He's in favor of it.
11) Roxana Pippin, 29152 Grove - she has 130' of frontage and the place is a mud
bath She's in favor of paving
12) Mrs Gress, 16715 Savoie - she and her husband would like the road paved It's
muddy, bumpy, and rocky
13) Earl Sonoc, 29215 Grove - also representing the Jeffers across the street from
him They don't want the road paved Stated he received the letter from Engineering,
but received no other information from the City
14) Ed Lamont, 16800 Savoie - his lot is on the lowest part of the road Stated he
also didn't receive the public hearing notice It would cost him about $10,000 plus 8%
interest, which would be a major cost to him Doesn't feel there is a real need to do
this
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15) Leann Lamont, 16800 Savoie - the road just needs to be maintained She
doesn't want a storm sewer next to her house She and her husband need more
information in order to make a decision and what this would do to their taxes Not in
favor of paving
16) Samuel DeGrande, 16555 Savoie - he likes the existing road and the country
living
17) Michelle Bardell, 16862 Savoie - she likes the rural setting and raising her three
young children in this type of setting
18) Dennis Walker, 16700 Savoie - also owns the house at 16696 Savoie Indicated
we don't need a new road, we need to take care of the one we have
19) Carol Donahue, 16744 Savoie - indicated there were discrepancies in the
Engineering letter Safety for children is a major factor for her The ditches are not
going to go away; let's get it done and taken care of
20) A gentleman that previously spoke asked the Council to consider an Alternate
IV
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#29-96 RESOLVED, that the City Engineer having filed with the City
Clerk statements dated October 5, 1995 and December 11, 1995, on all
matters required by Section 3 08 060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon on
December 6, 1995, after due notice as required by Section 3 08 070 of
said Code, and after careful consideration having been given to all such
matters, the Council does hereby, pursuant to Section 3 08 080 of said
Code
(1) accept and approve said statements in all respects,
(2) determine to make the road improvement consisting of
approximately 4" of asphalt over existing roadway (approximately
20 ft. to 22 ft. wide) (Alternate IV) of Alois, south of Plymouth Road,
in the Southwest 1/4 of Section 30, T 1S , R.9E , City of Livonia,
Wayne County, Michigan, as described in said statements, and to
defray the cost of such improvement by special assessment upon
the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statements dated October 5, 1995 and December 11,
1995,
29250
(4) determine that the estimated cost of such improvement is
$43,518 24,
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions thereafter established,
(6) that the proportion of the cost and expense of said improvement to
be borne and paid by the City shall be 15% of paving ($5,665 24)
and 100% of drainage ($5,750 00) and that the balance of said cost
and expense of said public improvement amounting to 85% shall
be borne and paid by special assessments on all lands and
premises in the special assessment district as herein established in
proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest thereon
on the unpaid balance,
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the S W 1/4 of Section 30, T 1
S , R. 9 E , City of Livonia, Wayne County, Michigan, described as
containing the property listed on the attached Special Assessment
Roll and shown on the attached Special Assessment District Map
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each
such lot or parcel of land such relative portions of the whole sum to
be levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, of the
City of Livonia and file the same with the City Clerk who thereupon
is directed to present the same to the City Council prior to the
holding of the second public hearing thereon as required by
Section 3 08 110 of the said Code
On a motion by Feenstra, seconded by Brosnan, it was
29251
#30-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 2, 1995, which sets forth its
resolution 9-183-95, adopted on September 26, 1995, with regard to
Petition 95-8-1-18, submitted by Robert Goldman for Edward and Mary Jo
Olschanski, for a change of zoning of property located on the west side of
Inkster Road between Six Mile Road and Whitcomb Drive in the
Northeast 1/4 of Section 13, from R-2 to C-1, and the Council having
conducted a public hearing with regard to this matter on December 6,
1995, pursuant to Council Resolution 726-95, 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 Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS Vandersloot and McGee
The President declared the resolution adopted
Several individuals from the audience spoke at this time regarding the foregoing
matter They are as follows
1) Joseph Brokas, 32535 Schoolcraft - stated they were just trying to improve the
project, follow the Master Plan, and add some landscaping Then it went into the
discussion of drug stores
2) Tino Baderis - owns Howard Drugs at Six Mile and Inkster He asked for a
clarification of Committee of the Whole proceedings
3) Ray Tent, 18051 Deering - asked that his name be put on the mailing list to
receive notice of meetings pertaining to this matter He referenced information
discussed at the Planning Commission meeting on this, stated that this area is zoned
C-2, and that we are not depriving the owner from putting in a commercial building
here
4) Lew Franco - the Real Estate Director for Rite-Aid Stated that their intent is to
move forward with the 9,000 foot store, which doesn't require any variances
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#31-96 RESOLVED, that having considered a communication from
the City Treasurer, dated January 11, 1996, regarding the placement of
drive approaches in the Northeast 1/4 of the City of Livonia on the
following parcels in the following amounts
29252
Parcels of property and assessment, as outlined in the Treasurer's
letter dated January 11, 1996, is included herein by reference,
which work was done pursuant to Council Resolutions 394-94 and 87-95,
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
McGee made the following disclosure respecting a conflict of interest on this matter
Mr President, regarding the next matter, as I have previously disclosed
my law firm represents the Municipal Building Authority in this matter, and I wish
to announce the conflict and will abstain from any consideration of this agenda
item I refer to my prior statements and my letter dated February 24, 1992, to
the City Clerk on this subject and would ask that these remarks be made part of
the official record of this meeting Thank you.
McGee left the podium at 1035 p m.
On a motion by Taylor, seconded by Feenstra, it was
#32-96 THIS CONTRACT, made and entered into as of this 21st
day of December, 1995, by and among the MUNICIPAL BUILDING
AUTHORITY OF LIVONIA (the "Authority"), a public corporation
organized and existing under the authority of Act 31, Public Acts of
Michigan, 1948 (First Extra Session), as amended (the "Act"), under the
provisions of Act 202, Public Acts of Michigan, 1943, as amended, ("Act
202") and the Act (collectively the "Acts"), and the CITY OF LIVONIA, a
29253
Michigan municipal corporation organized and existing under the
Constitution and laws of the State of Michigan (the "City"),
WHEREAS, the Authority has been incorporated under and in pursuance
of the provisions of the Act for the purpose of acquiring, furnishing,
equipping, owning, improving, enlarging, operating and maintaining a
building or buildings, automobile parking lots or structures, recreational
facilities, stadiums, and the necessary site or sites therefor, together with
appurtenant properties and facilities necessary or convenient for the
effective use thereof, for use for any legitimate public purpose of the City;
and
WHEREAS, the City and the Authority have entered into (i) certain
Contracts of Lease wherein the Authority agreed to acquire (a) senior
citizen housing facilities and (b) additions to the City's existing Court
facilities and lease all of said facilities to the City (the "1990 Leases"), (ii)
a certain Contract of Lease wherein the Authority agreed to acquire a
police station facility and lease said facility to the City (the "Police Station
Lease") and (iii) a certain Contract of Lease wherein the Authority agreed
to acquire a recreation facility to the City (the "Recreation Lease"), and
WHEREAS, bonds have been issued pursuant to the 1990 Leases,
denominated Building Authority Bonds, Series 1990 dated June 1, 1990
(the "1990 Bonds"), in the presently outstanding principal amount of
$6,025,000; and
WHEREAS, bonds have been issued pursuant to the Police Station
Lease, denominated Building Authority Bonds, Series 1985 A dated
December 1, 1985 (the "1985 A Bonds"), which were not refunded with
part of the proceeds of the Authority's Building Authority Refunding
Bonds, Series 1992, in the presently outstanding principal amount of
$375,000; and
WHEREAS, bonds have been issued pursuant to the Recreation Lease,
denominated Building Authority Bonds, Series 1985 B dated December 1,
1985 (the "1985 B Bonds"), which were not refunded with part of the
proceeds of the Authority's Building Authority Refunding Bonds, Series
1992, in the presently outstanding principal amount of $200,000; and
WHEREAS, the Authority and the City have been advised that conditions
in the bond market have now improved to the point that the 1990 Bonds
maturing in the years 2004 through 2015, inclusive, the 1985 A Bonds
maturing in the year 2005 and the 1985 B Bonds maturing in the year
2005 (hereinafter collectively referred to as the "Bonds") could be
refunded at a considerable savings to the City and to the Authority; and
WHEREAS, it is the determination and judgment of the Authority and the
City that the Bonds should be refunded to secure for the City the interest
29254
savings anticipated and thereby permit the operation of the financed
facilities in a more economical fashion for the benefit of the users of all of
said facilities and the taxpayers of the City; and
WHEREAS, the execution of this contract (the "Refunding Contract") is
necessary in order to implement a refunding program,
NOW, THEREFORE, in consideration of the premises and the covenants
of each other, the parties hereto agree as follows
1 The Authority and the City hereby approve and confirm the
refunding of (i) the outstanding 1990 Bonds due March 1, 2004 and
thereafter ($4,425,000), (ii) all of the outstanding 1985 A Bonds due June
1, 2005 ($375,000) and (iii) all of the outstanding 1985 B Bonds due June
1, 2005 ($200,000) under the provisions of the Acts in the manner
provided by and pursuant to this Refunding Contract.
2 The Authority will issue a single series of refunding bonds (the
"Refunding Bonds") in the total principal amount of not to exceed
$6,000,000 in order to pay all or part of the costs of refunding the Bonds
as described in Section 1 All costs of retiring the Bonds and of issuing
the Refunding Bonds, including payment of the principal of and interest
on the Bonds, call premiums, underwriting discount, bond and other
printing, administrative, legal and financial advisory expenses, credit
enhancement costs, rating fees, trustee and paying agent/registrar fees
and all related expenses shall be paid from the proceeds of sale of the
Refunding Bonds or from cash amounts to be made available to pay such
costs
3 To carry out and accomplish the refunding in accordance with the
provisions of Michigan law, the Authority shall take the following steps
(a) The Authority will adopt a resolution providing for the issuance of
the Refunding Bonds in the aggregate principal amount of not to exceed
$6,000,000 (the "Refunding Bond Resolution"), such Resolution to be
substantially in the form attached hereto and based upon the financial
analysis provided by Robert W Baird & Co Incorporated of the financial
benefits of the refunding The Refunding Bonds shall mature serially, as
authorized by law, and will be issued in anticipation of the debt service
installment payments required to be made by the City as provided in the
1990 Leases, the Police Station Lease and the Recreation Lease
(hereinafter collectively referred to as the "Original Leases") and as
hereinafter provided in this Refunding Contract and will be secured
primarily by the contractual obligations of the City to pay said installments
when due, including interest. After due adoption of the Refunding Bond
Resolution, the Authority will take all legal procedures and steps
necessary to effectuate the sale and delivery of the Refunding Bonds
29255
(b) The Authority, upon receipt of proceeds of sale of the Refunding
Bonds, will comply with all provisions and requirements of law, the
Refunding Bond Resolution and this Refunding Contract relative to the
disposition and use of the proceeds of sale thereof
(c) The Authority shall not make any investments or take any other
actions which would cause the Refunding Bonds herein authorized to be
constituted as arbitrage bonds pursuant to any applicable federal statutes
or regulations
(d) The Authority shall take all steps necessary to refund the Bonds
4 The full principal amount of the Refunding Bonds shall be charged
to and paid by the City to the Authority in annual principal installments,
together with interest and other expenses as herein provided It is
understood and agreed that the Refunding Bonds of the Authority will be
issued in anticipation of such payments by the City
It is agreed that the City shall pay to the Authority, not later than
one business day prior to the annual maturity date of principal amounts of
the Refunding Bonds, such principal amount, and in addition, not later
than one business day prior to each interest payment date on the
Refunding Bonds, as accrued interest on the principal installments
remaining unpaid, an amount sufficient to pay all interest due on the next
succeeding interest payment date From time to time as the Authority is
billed by the registrar/transfer/paying agent for the Refunding Bonds for
their services, and as other costs and expenses accrue to the Authority
from handling of the payments made by the City or from other action
taken in connection with the Refunding Bonds, the Authority shall notify
the City of the amount of such fees, costs and expenses, and the City
shall, within thirty (30) days from such notification, remit to the Authority
sufficient funds to pay such amounts
The Authority shall, within thirty (30) days after the delivery of the
Refunding Bonds, furnish the City with a complete schedule of said
installments and the interest thereon and due dates and shall also, at
least thirty (30) days prior to each due date, advise the City, in writing, of
the exact amount due on said date The failure to give such notice shall
not, however, excuse the City from making required payments when due
under the provisions hereof
5 The City, pursuant to authorization of Section 11 k of the Act,
hereby irrevocably pledges its full faith and credit for the prompt and
timely payment of its obligations pledged for payment of the Refunding
Bonds as expressed in this contract. Pursuant to such pledge, if other
funds are not available, the City shall be required to pay such amounts
from any of its general funds as a first budget obligation and shall each
year levy an ad valorem tax on all the taxable property in the City in an
29256
amount which, taking into consideration estimated delinquencies in tax
collections, will be sufficient to pay such obligations under this Refunding
Contract becoming due before the time of the following year's tax
collections, such annual levy shall however be subject to applicable
constitutional, statutory and charter limitations Commitments of the City
are expressly recognized as being for the purpose of providing funds to
meet the respective contractual obligations of the City in anticipation of
which the Authority Refunding Bonds hereinbefore referred to are issued
Nothing herein contained shall be construed to prevent the City from
using any, or any combination of, the means and methods provided in
Section 8a of the Act for the purpose of providing funds to meet its
obligations under this Refunding Contract, and if at the time of making the
annual tax levy there shall be other funds on hand earmarked and set
aside for the payment of the contractual obligations due prior to the next
tax collection period, then such annual tax levy may be reduced by such
amount.
6 Additional moneys over and above any of the payments specified
in this Refunding Contract may be prepaid as provided in the Original
Leases
low 7 All provisions of the Original Leases not inconsistent herewith, and
particularly all covenants relative to the payment of and security for the
Bonds made by the City therein, shall remain in full force and effect and
shall apply with equal effect to the Refunding Bonds authorized hereby, it
being understood that upon issuance of the Refunding Bonds, the Bonds
in the maturities described in Section 1 of this Refunding contract will be
defeased and the Refunding Bonds shall be substituted therefor and shall
be outstanding in their place and stead It is also hereby recognized that
the obligation of the City to make payments for debt service for those
maturities of the 1990 Bonds which are not being refunded will continue in
full force and effect.
8 Nothing herein contained shall in any way be construed to prevent
additional financing under the provisions of the Act.
9 The obligations and undertakings of each of the parties to this
Refunding Contract shall be conditioned upon the successful
accomplishment of the proposed refunding, and therefore if for any
reason whatsoever the Refunding Bonds are not issued, then this
Refunding Contract shall be considered void and of no force and effect,
provided, however, that in such event, all costs and expenses shall be
paid by the City in accordance with existing commitments to the Authority,
and the Authority shall not be obligated for such costs and expenses
10 The Authority and the City each recognize that the holders from
time to time of the Refunding Bonds will have contractual rights in this
Refunding Contract, and it is therefore covenanted and agreed by each of
29257
them that so long as any of the Refunding Bonds shall remain outstanding
and unpaid, the provisions of this Refunding Contract shall not be subject
to any alteration or revision which would in any manner materially affect
either the securing of the Refunding Bonds or the prompt payment of
principal of or interest thereon The City and the Authority further
covenant and agree that they will each comply with their respective duties
and obligations under the terms of this Refunding Contract promptly at all
times and in the manner herein set forth, and will not suffer to be done
any act which would in any way impair the Refunding Bonds, the security
therefor, or the prompt payment of principal of and interest thereon It is
hereby declared that the terms of this Refunding Contract insofar as they
pertain to the security of Refunding Bonds shall be deemed to be for the
benefit of the holder of said Refunding Bonds
11 This Refunding Contract shall remain in full force and effect for a
period of forty (40) years from the date hereof, or until such lesser time as
the Refunding Bonds issued by the Authority are paid, at which time this
Refunding Contract shall be terminated, and the provisions of the Original
Leases relative to disposition of the financed facilities shall be carried out.
In any event, the obligations of the City to make the payments required
hereunder shall be terminated at such time as all of the Refunding Bonds
are paid in full by the City, together with all interest and penalties and
other obligations hereunder
12 The City and the Authority each hereby designate the Refunding
Bonds as "qualified tax exempt obligations" for purposes of deduction of
interest expense by financial institutions under the provisions of the
Internal Revenue Code of 1986, as amended
13 The City and the Authority each agree to comply with the requests
of Rule 15c2-12 of the Securities and Exchange Commission regarding
continuing disclosure The City agrees to provide documentation relative
to their undertaking by form of a Certificate to be executed by the Mayor,
City Clerk or Finance Director at the time of delivery by the Refunding
Bonds
14 This Refunding Contract shall inure to the benefit of and be binding
upon the respective parties hereto, their successors and assigns
IN WITNESS WHEREOF, the MUNICIPAL BUILDING
AUTHORITY OF LIVONIA, by its Commission, and the CITY OF
LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have
each caused its name to be signed to this instrument by its duly
authorized officers and its seal to be affixed hereto the day and year first
above written
A roll call vote was taken on the foregoing resolution with the following result:
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AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Feenstra, it was
#33-96 WHEREAS, it is deemed reasonable and economically
advantageous for the Municipal Building Authority of Livonia (the
"AUTHORITY") to take the necessary steps under the provisions of Act
31, Public Acts of Michigan, 1948, 1st extra session, as amended, and
Act 202, Public Acts of Michigan, 1943, as amended, to have the
AUTHORITY issue refunding bonds to refund portions of certain series of
bonds previously issued to acquire and construct court facilities, senior
citizen housing facilities, recreational facilities and police station facilities
to benefit the City of Livonia (the "CITY"), and
WHEREAS, the AUTHORITY and the CITY have negotiated a contract
providing for such refunding, by the terms of which contract the CITY is
obligated to pay the debt service on such refunding bonds to the
AUTHORITY in installments as therein provided, a copy of which contract
is attached to this resolution and incorporated by reference, and
WHEREAS, said refunding is desirable and necessary to reduce the
capital costs of the previously described facilities to the CITY,
NOW, THEREFORE, BE IT RESOLVED THAT
1 This City Council hereby approved the Refunding Contract as
hereto attached
2 The Mayor and the City Clerk are authorized to execute
immediately and deliver to the Authority the Refunding Contract
approved by this resolution Said refunding contract shall
immediately become binding and effective upon such execution
since the refunding contract has already received the approval
thereof by resolution of the Board of Commissioners of the
AUTHORITY
3 The City Council does hereby ratify and confirm its covenant in the
aforesaid Contract to levy ad valorem taxes against all taxable
property in the CITY to the extent necessary to meet the
obligations of the CITY thereunder in the event revenues from
other sources are insufficient for any reason whatsoever Any such
taxes levied to pay the Cash Rental under said Contract shall be
limited as to rate or amount in the manner provided by law
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4 The Mayor, City Clerk and Finance Director be and are each
hereby authorized to file an application with the Municipal Finance
Division of the Michigan Department of Treasury for permission to
issue said refunding bonds, including any necessary waivers in
connection therewith, and to execute any document or certificate
necessary to authorize, sell and deliver the refunding bonds
5 All resolutions and parts of resolutions insofar as the same conflict
with the provisions of this resolution be and the same hereby are
rescinded
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 10 37 p m
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#34-96 RESOLVED, that having considered a communication from
the Department of Law, dated January 9, 1996, approved for submission
by the Mayor, with regard to pending litigation involving the condemnation
of property in connection with the Merriman Road Grade Separation
Project, 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 on Monday, January 29,
1996, at 7 00 p m for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with this
condemnation case
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#35-96 RESOLVED, that having considered a communication from
the City Clerk, dated January 9, 1996, wherein it is indicated that she has
reappointed Ann Tavolacci, 18415 University Park, Livonia, Michigan
48152, as Deputy City Clerk, for a two year period effective January 1,
1996, the Council does hereby confirm the said appointment in
accordance with Chapter V, Section 9 of the Charter of the City of Livonia
at an annual salary of $40,643 20 for the fiscal year 1995-1996 with the
same benefits extended to other full-time classified employees under the
29260
Local 192 agreement, said salary and benefits to remain the same until
upcoming contract negotiations have been completed
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#36-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 12, 1995,
approved by the Finance Director and approved for submission by the
Mayor, the Council does, for and on behalf of the City of Livonia, accept
cash donations in the amount of $3,028 86 from the sources indicated in
the aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the same to Account #702-000-285-216 for use in
the Senior Citizen Programs
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#37-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 20, 1995,
approved by the Finance Director and approved for submission by the
Mayor, the Council does, for and on behalf of the City of Livonia, accept a
cash donation in the amount of $500 00 from the Hearts of Livonia,
FURTHER, the Council does hereby appropriate and credit the same to
Account #702-000-285-215 for use in the Livonia Youth Assistance
Program
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#38-96 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#39-96 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area lying in the Northeast 1/4 of Section 29,
29261
more particularly described in Exhibit A, attached hereto and incorporated
by reference herein, which area is hereinafter referred to as "City of
Livonia Industrial Development District No 60", and
WHEREAS, written notice has been given by certified mail to Action
Distributing Company, Inc of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No 60; and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 60,
and
WHEREAS, on Wednesday, January 10, 1996, a public hearing was
held on the establishment of proposed City of Livonia Industrial
Development District No 60, at which time Action Distributing Company,
Inc. and other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written and oral
made at such hearing being on file with this City Council), and a
representative of Action Distributing Company, Inc. attended said hearing
and acknowledged receipt of notice of such hearing on behalf of the said
corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 60 "
EXHIBIT A
Pt of the Northeast 1/4 of Section 29, T 1 S, R 9 E, desc as comm
at the Northeast corner of Section 29, th S OOD 26M 13S W
2043 24 ft to POB th N 89D 25M 10S W 315 0 ft th S OOD 26M
13S W 550 4 ft th S 89D 19M 30S E 315 0 ft th N
On a motion by Duggan, seconded by McGee, and unanimously adopted,
it was
#40-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1995, which sets forth
its resolution 10-219-95, adopted on October 31, 1995, with regard to
29262
Petition 95-6-1-12, as amended, submitted by the City Planning
Commission, for a change of zoning of 41 5 acres of Greenmead property
which lies west of the U S Post Office and north of Pembroke Road in the
Northeast 1/4 of Section 6, from PL to R-4, and the Council having
conducted a public hearing with regard to this matter on January 10,
1996, pursuant to Council Resolution 832-95, the Council does hereby
reject the recommendation of the Planning Commission and Petition 95-6-
1-12 is hereby denied for the following reasons
1 That the proposed change of zoning is contrary to the Future Land
Use Plan which recommends Community Service land use for the
subject property;
2 That the proposed change of zoning will remove a substantial
amount of community open space from the area, and
3 That the proposed change of zoning will provide for a substantial
amount of additional vehicular traffic in the area
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#41-96 RESOLVED, that the Council does hereby refer the issue of
long term development of Greenmead and the financial viability thereof to
the Mayor for his report and recommendation, such report and
recommendation to include a suggested plan for a dialogue and
affirmative action and to be submitted to the City Council by March 1,
1996
The President relinquished the Chair to the Vice President at 1047 p m
On a motion by Laura, seconded by Feenstra, and unanimously adopted,
it was
#42-96 RESOLVED, that the Council does hereby refer the subject
of Greenmead to the Committee of the Whole for further consideration
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#43-96 RESOLVED, that the Council does hereby refer the subject
of adherence to notice requirements set forth in the Open Meetings Act
and the report and recommendation from the Department of Law, dated
January 16, 1996, regarding this subject to the Legislative Committee for
its report and recommendation
29263
The President resumed the Chair at 10.50 p m
During the audience communication portion at the end of the meeting, the
following individuals spoke
1) Jane Soltesz, 9126 Fredrick - thanked the Council for the way they conducted
the public hearing last week regarding Greenmead The spirit of the meeting was
beautiful,
2) Jim Biga, 35354 Lancashire - commended the Council on being "fiscally
responsible" (regarding the elimination of the Deputy Treasurer), but inquired how they
became so "fiscally responsible" since their December 20, 1995, meeting where they
increased the pay for one of their staff He would hope they would apply this
everywhere
3) Mike Driscoll, 19229 Shadyside - asked for reconsideration of the vote to
eliminate the Deputy Treasurer's position This could create a problem if the elected
Treasurer is out of town on other business
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,312th Regular Meeting of the Council of the City of Livonia was adjourned at
10 55 p m , January 17, 1996
" " e# e/tW,
$•an McCotter, City Clerk