HomeMy WebLinkAboutCOUNCIL MINUTES 1993-02-24 27461
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 24, 1993, 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 8:04 p.m. Councilmember Feenstra
delivered the invocation.
Roll was called with the following result: Fernon P. Feenstra,
Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Laura M. Toy, and Gerald
Taylor. Absent: Dale A. Jurcisin (representing the City in another
capacity).
Elected and appointed officials present: Robert D Bennett,
Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner; Ann W
Tavolacci, Deputy City Clerk; Harry Tatigian, City Attorney; Karen A.
Szymula, Director of Legislative Affairs; David N. Preston, Finance
Director; Suzanne Wisler, Director of Community Resources; John Fegan,
Director of Inspection; and Karen Burskey, Assistant Superintendent of
Parks & Recreation
On a motion by Toy, seconded by Feenstra, and unanimously*
adopted, it was:
#97-93 RESOLVED, that the minutes of the 1,242nd Regular
Meeting of the Council of the City of Livonia, held February 10,
1993, are hereby approved as submitted.
*Councilmember Ochala abstained from voting which is recorded as a "yes"
vote under the provisions of Section 2.04.190B of the Livonia Code of
Ordinances.
Ray Palmer, 28475 West Chicago, spoke during the audience
imi communication portion regarding the proposed lot split in Item 1 on the
Consent Agenda.
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A communication from Department of Finance, dated February 9,
1993, re: various financial statements of the City of Livonia for the
month ending December, 1992, was received and placed on file for the
information of the Council.
At the direction of the Chair, Item 9 was removed from the
Consent Agenda.
On a motion by Feenstra, seconded by Toy, it was:
#98-93 RESOLVED, that having considered a communication from
the City Assessor, dated January 18, 1993, approved for
submission by the Mayor, with regard to a request from Mr. Nazek
R Abdul-Baki, 28623 Minton, Livonia, Michigan 48150, 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 approve of the proposed division of Tax Item No. 46
143 99 0003 000 into two parcels, the legal descriptions of which
shall read as follows
Parcel 1
The West 62.50 ft of the East 442.50 ft. of the North 1/2
of the North 1/2 of the Southwest 1/4 of Section 36, T. 1
S. , R 9 E. , exc the North 43.00 ft thereof, also exc. the
South 300.00 ft
Parcel 2
The West 62.50 ft of the East 505 00 ft. of the North 1/2
of the North 1/2 of the Southwest 1/4 of Section 36, T 1
S. , R. 9 E. , exc the North 43 00 ft. thereof, also exc. the
South 300 00 ft
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
#99-93 RESOLVED, that having considered the report and
recommendation of the Director of Emergency Preparedness, dated
January 29, 1993, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby accept the bid of Federal Signal Corporation, 2645
Federal Signal Drive, University Park, Illinois 60466, for
supplying the Office of Emergency Preparedness with two new
outdoor warning sirens, which also includes the reinstallation of
the two existing smaller units to two other sites, for a total
price of $26,860, which sum is appropriated and authorized to be
expended from Account No 401-000-987-000 for this purpose
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#100-93 RESOLVED, by the City Council of the City of Livonia,
L that the annual Spree Fireworks Display be, and hereby is
approved for Sunday, June 27, 1993, beginning at 10:00 p.m. and
that the Wayne County Road Commission is hereby requested to
close Farmington Road from Five Mile Road to Schoolcraft Road
between the hours of 8:00 p.m. and 11:30 p.m. or until the road
is returned to normal traffic operation, that the City of Livonia
will assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Joseph Derscha is
hereby designated and authorized to sign the road closure permit
on behalf of the City of Livonia.
#101-93 RESOLVED, that having considered a communication from
the Livonia Historical Commission, dated January 28, 1993, which
bears the signature of the Director of Community Resources, is
approved by the Finance Director and approved for submission by
the Mayor, with regard to the renewal of the contract between the
City of Livonia and Suzanne Daniel, a member of the Livonia
Historical Commission, as designated by the Commission,
authorizing the purchase by this member of artifacts and
furnishings, the Council does hereby authorize the said extension
in the manner and form herein recommended for a one-year period,
commencing October 5, 1992, the said one-year extension to be
based upon the same terms and conditions as those which are set
forth in a contract dated June 18, 1986, which contract was
previously authorized in Council Resolution 536-86, adopted on
June 4, 1986, and thereafter authorized to be renewed in Council
Resolution 488-87, adopted on June 3, 1987, in Council Resolution
543-88, adopted on June 22, 1988, in Council Resolution 883-89,
adopted on September 25, 1989, in Council Resolution 67-91,
adopted on January 28, 1991, and in Council Resolution 127-92,
adopted on February 24, 1992; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to
affix their signatures to the said contract extension, which
contract shall be prepared by the Department of Law in accordance
with the action taken herein.
A communication from the Director of Finance, dated February 10,
1993, re: report of the acquisition and development costs of Greenmead
for the period 1975 through November 30, 1992 was received and placed on
file for the information of the Council. (CR 957-92)
#102-93 RESOLVED, that having considered a communication from
the Director of Finance, dated February 10, 1993, approved for
submission by the Mayor, submitted pursuant to Council Resolution
957-92, and to which is attached a report of the acquisition and
development costs of Greenmead for the period 1975 through
November 30, 1992, the Council does hereby refer this item to the
Capital Improvement Committee for its consideration
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#103-93 RESOLVED, that having considered a communication from
the Livonia Historical Commission and the Director of Community
Resources, dated February 5, 1993, approved by the Finance
Director and approved for submission by the Mayor, to which is
attached the 1993 Historic Properties Development Plan and
Priority List, the Council does hereby authorize the Engineering
Department to prepare specifications and thereafter to advertise
for restoration bids on the Meeting House, Blue Office roof,
Parsonage steps and foundation facing stone on Kingsley and Shaw
Houses, in accordance with provisions of law and City Ordinance.
Communications from the Livonia Housing Commission, dated
February 11, 1993, and from the Traffic Commission, dated December 28,
1992, re: the proposed opening of Purlingbrook between Seven and Eight
Mile Roads to through traffic and concurrence with the Traffic Bureau of
the Police Department and residents that the road should remain closed were
received and placed on file for the information of the Council. (CR752-92)
#104-93 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated January 21, 1993,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby determine that effective
September 1, 1993, the non-profit rates for use of a meeting room
at the Civic Center Library shall be in the amount of $15 for
four hours and for use of the auditorium shall be in the amount
of $60 for four hours and the action taken in Council Resolution
316-89 is hereby amended and revised to the extent necessary to
be consistent with the action taken herein.
A communication from the Director of Inspection, dated February
8, 1993, re: the request from Councilmember Fernon P. Feenstra to
investigate possible business activities at 34765 Northland was received
and placed on file for the information of the Council. (CR 33-93)
A communication from the Director of Inspection, dated February
8, 1993, re: two (2) Tempura burners at the Akasaka Restaurant brought up
during discussion of Petition 92-9-2-29 submitted by Timothy Mitchell
(Furusato, Inc. ) was received and placed on file for the information of the
Council. (CR 56-93)
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#105-93 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 29, 1993, the
Council does hereby authorize renewal of the Maintenance
Agreement with Business Records Corporation, 155 North Wacker
Drive, Chicago, IL 60606, for the period January 1, 1993 through
December 31, 1993, for a total price of $7,931.00; FURTHER, the
Council does hereby authorize the said item without competitive
bidding in accordance with Section 3.04. 140.D.5 of the Livonia
Code of Ordinances, as amended.
#106-93 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 29, 1993, the
Council does hereby authorize renewal of the Software Licensing
Agreement for Voter Registration and Election Programs with
Business Records Corporation, 155 North Wacker Drive, Chicago, IL
60606, for the period February 1, 1993 through December 31, 1993,
for a total price of $3,529.16; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with Section 3.04.140 D.5 of the Livonia Code of Ordinances, as
amended.
#107-93 RESOLVED, that the Council does hereby refer the
subject of renewal of the Hardware Maintenance Agreement and
Software Licensing Agreement for Voter Registration and Election
Programs to the Capital Improvement Committee for its
consideration
#108-93 RESOLVED, that having considered a communication from
the City Engineer, dated January 27, 1993, approved for
submission by the Mayor, to which is attached a list of sidewalks
requiring installation, 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 sidewalks 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 work no later than June 1, 1993, after which date the
Engineering Department shall arrange for the construction of the
said sidewalks as part of the 1993 Sidewalk Program; FURTHER, the
Council authorizes the installation of a sidewalk adjacent to the
Ben Celani Recreation Area (City) park site (approximately the
east 600 feet thereof) which shall also be included in said
Sidewalk Program.
#109-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-19-93, adopted on January 26, 1993,
with regard to the proposed preliminary plat of Hunters Pointe
Subdivision to be located on the north side of Plymouth Road
between Newburgh and Eckles Roads in the Southeast 1/4 of Section
30, City of Livonia, Wayne County, Michigan, and the preliminary
plat having been approved by the City Planning Commission on
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January 26, 1993, the Council does hereby approve of the said
preliminary plat, subject to the waiving of the open space
requirement and subject to the receipt of a report and
recommendation by the City Engineer relative to the development
plans and specifications for the improvements therein, and the
financial assurances guaranteeing the satisfactory installation
of such improvements.
#110-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-15-93, adopted on January 26, 1993,
with regard to Petition 92-12-2-53, submitted by Senate Coney
Island, requesting waiver use approval to increase the floor area
and seating capacity of an existing restaurant located at the
southeast corner of Stark and Plymouth Roads in the Northeast 1/4
of Section 33, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 92-12-2-53 is hereby approved and
granted, subject to a limitation on the total number of customer
seats not to exceed 260.
#111-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-18-93, adopted on January 26, 1993,
with regard to Petition 92-12-2-56, submitted by Fry & Partners
Architects, Inc. , requesting waiver use approval to construct an
addition to an existing credit union located on the south side of
Six Mile Road between Merriman Road and Oporto Street in the
Northwest 1/4 of Section 14, which property is zoned OS, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-12-2-56 is hereby approved
and granted, subject to the following conditions:
1) That the Site Plan dated 1-15-93, as revised, prepared by
Fry Associates, Inc. , Architects, which includes the
substitution of a greenbelt to be maintained along the
west property line and a portion of the south property
line in lieu of a protective wall as required by
Section 18.45 of Zoning Ordinance No. 543, and which is
hereby approved, shall be adhered to;
2) That the building elevation shown on the approved site plan
and on an accompanying sheet dated 1-18-93, prepared by Fry
Associates, Inc. , Architects, which is hereby approved,
shall be adhered to; and
3) That the landscaping shown on the approved site plan shall
be installed prior to the issuance of a Certificate of
Occupancy and thereafter maintained in a healthy condition.
#112-93 RESOLVED, that having considered the report and
recommendation of the Court Administrator and the judges of the
16th District Court, dated January 29, 1993, approved for
submission by the Director of Finance and the Mayor, the Council
27467
does hereby authorize the court to negotiate for time and
materials not to exceed a total amount of $55,000 for computer
programming services with Software Alternatives, Inc. (Livonia),
or the State of Michigan, Office of Systems Management
(Southfield); and the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3.04.140.D.5 of the Livonia Code of Ordinances, as amended
#113-93 WHEREAS, the City of Livonia has received a request
from EPI Printers, Inc , 5350 Dickman Road, P.O. Box 1025, Battle
Creek, Michigan 49016, dated January 20, 1993, which submits an
application 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 as follows:
Sidwell #110-01-0006-002
Richter-Lipton Industrial Sub
Town 1 South, Range 9 East, Liber 92,
Pages 6 & 7, Wayne County Records
S 60 Ft. of Lot 6, Also Lots 7 and 8
and which is hereinafter referred to as "Proposed City of Livonia
Industrial Development District No. 54";
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. 54.
2. This City Council sets Monday, April 5, 1993 at 8:00 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:
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AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#114-93 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 27,
1993, approved for submission by the Finance Director and the
Mayor, and which transmits Parks and Recreation Commission
resolution 2201-92, adopted on November 2, 1992, wherein the
Commission did recommend the establishment of fees for the use of
the rifle and pistol range located at Eddie Edgar Arena as
follows:
Effective Proposed
Facility rental 1/1/93 $10/hour
1/1/94 $15/hour
Hunters' Safety Class 1/1/93 $5/person
$5 current
DNR fee
The Council does hereby concur in and approve of such action.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#115-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, and submitted pursuant to Council Resolution 191-92 in
connection with a communication from Councilman Fernon P.
Feenstra, dated February 14, 1992, with regard to ordinance
provisions which pertain to the subject of the installation
of fences upon property and which way they are installed
(wrong side out/right side out/double-sided, etc.), the Council
does hereby refer this item back to the Legislative Committee for
a new report and recommendation.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#116-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, and submitted pursuant to Council Resolution 191-92 in
connection with a communication from Councilman Fernon P.
Feenstra, dated February 14, 1992, with regard to ordinance
provisions which pertain to the subject of the installation of
fences upon property and which way they are installed (wrong side
out/right side out/double-sided, etc. ), the Council does hereby
request that the Mayor submit a report and recommendation.
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On a motion by Feenstra, seconded by Toy, and unanimously
ihoradopted, it was:
#117-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, and submitted pursuant to Council Resolution 192-92 in
connection with a communication from Councilman Fernon P.
Feenstra, dated February 14, 1992, with regard to the need, if
any, to modify Section 18.45 of Zoning Ordinance 543 with respect
to Protective Wall requirements prescribed therein, the Council
does hereby determine to take no further action.
On a motion by Feenstra, seconded by McGee, it was:
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, submitted pursuant to Council Resolutions 488-92 and
514-92, with regard to establishing a policy governing the waiver
of fees (such as for permits and greens fees) and costs (such as
for police services) for activities conducted by civic and
charitable organizations in the City of Livonia, including
consideration of multiple requests submitted by individual
organizations during a one-year period, the Council does hereby
determine to adopt and establish a City of Livonia Fees/Waivers
Policy as set forth in the attached four category grid dated
February 8, 1993, the same to be given an immediate effective
date.
The President relinquished the Chair to the Vice President at 8:27 p.m. to
speak to the Heart Fund
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, Kavanagh, and McGee.
NAYS: Taylor, Ochala, and Toy
The Vice President declared the resolution denied.
On a motion by Taylor, seconded by Toy, it was:
#118-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, submitted pursuant to Council Resolutions 488-92 and
514-92, with regard to establishing a policy governing the waiver
of fees (such as for permits and greens fees) and costs (such as
for police services) for activities conducted by civic and
charitable organizations in the City of Livonia, including
consideration of multiple requests submitted by individual
organizations during a one-year period, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Ochala, Toy, and McGee.
NAYS: Feenstra and Kavanagh.
The Vice President declared the resolution adopted
The President resumed the Chair at 8:38 p.m.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#119-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, submitted pursuant to Council Resolutions 488-92 and
514-92, with regard to establishing a policy governing the waiver
of fees (such as for permits and greens fees) and costs (such as
for police services) for activities conducted by civic and
charitable organizations in the City of Livonia, including
consideration of multiple requests submitted by individual
organizations during a one-year period, the Council does hereby
determine to take no further action
On a motion by Feenstra, seconded by Toy, it was
#120-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, and which recommends that the following items be discharged
from the Finance and Insurance Committee:
a) Council Resolution 789-92, with regard to a request
submitted for a waiver of fees for the D A R.E. golf outing
to be conducted on July 14, 1993 at Fox Creek Golf Course;
b) Council Resolution 971-92, with regard to a request for a
waiver of fees for the annual "Tee It Up For Trees" golf
outing to be conducted on June 9, 1993 at Whispering Willows
Golf Course;
c) Council Resolution 2-93, with regard to a request for a
waiver of fees for the Third Annual "Chip in for the Arts"
golf outing to be conducted on June 30, 1993 at Whispering
Willows Golf Course; and
d) Council Resolution 62-93, with regard to a request by The
Arc of Northwest Wayne County for a waiver of fees for a
imp golf outing to be conducted on May 23, 1993 at Fox Creek
Golf Course,
The Council does hereby determine to take no further action.
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A roll call vote was taken on the foregoing resolution with the following
ihr result:
AYES: Feenstra, McGee, Kavanagh, Toy, and Taylor.
NAYS: Ochala.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Toy, it was:
#121-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8,
1993, and submitted pursuant to Council Resolution 47-93 in
connection with a request submitted by the Livonia Anniversary
Committee, Inc. for a waiver of fees as prescribed by ordinance
or law with respect to the following items, as well as a waiver
of all vendor's license fees for community organizations and/or
groups authorized to participate in Spree "43" by the Anniversary
Committee; issuance of a permit to the Anniversary Committee to
conduct a circus on June 22-27, 1993 at Ford Field; authorization
of the Anniversary Committee to conduct a fireworks display to be
held at Veterans' Park on Sunday, June 27, 1993, at 10:00 p.m. ,
which display will be fired by American Fireworks, subject to
L providing liability insurance for this event, and subject to the
City of Livonia and the Livonia Anniversary Committee, Inc. being
designated as additional insured on their policy; authorization
of the Livonia Anniversary Committee to use and/or lease the
facilities at the Henry Ford Field, Veterans' Park and the Eddie
Edgar Arena during the period of the Spree "43" celebration, the
Council does hereby determine to take no further action.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Kavanagh, Toy, and Taylor.
NAYS: Ochala.
The President declared the resolution adopted.
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
#122-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 16,
1993, submitted pursuant to Council Resolution 418-91 in
connection with a communication from the City Planning
Commission, dated March 25, 1991, which sets forth its resolution
3-41-91, adopted on March 19, 1991 with regard to Petition
91-1-1-2 submitted by Dave Pink and William Roskelly for a change
of zoning on property located on the east side of Stonehouse
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Avenue between Joy Road and Minton Avenue in the Southeast 1/4 of
L Section 31 from PL to R-1, and the Council having conducted a
public hearing with regard to this matter on May 8, 1991 pursuant
to Council Resolution 276-91, and having also considered a letter
from William L. Roskelly, dated November 19, 1992, indicating
that the Petition has been expanded to include additional
property, the Council does hereby refer this item back to the
City Planning Commission for a new public hearing and report and
recommendation on the Petition as revised to include the
additional property.
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was:
#123-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 16,
1993, submitted pursuant to Council Resolution 365-91 in
connection with the topic of establishing a requirement for a
prevailing wage rate for companies which perform major
construction projects for the City of Livonia, and having also
considered a communication from the Department of Law, dated
February 7, 1991 and a communication from the Mayor, dated
February 11, 1991 with respect to this matter, the Council does
hereby refer this item back to the Department of Law to revise
the proposed amendment so as to make the prevailing wage
L requirement discretionary in those cases where rejection of the
low bid would be deemed appropriate.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#124-93 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 17, 1993, submitted pursuant to Council Resolution
947-91, in connection with the proposed street naming of
Richfield Avenue in the Stonehouse Estates Subdivision located in
the Southeast 1/4 of Section 31, the Council does hereby
determine that the street in question shall henceforth be named
and designated "Richfield Avenue."
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 5 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 90-11-1-31)
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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 6 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 92-11-1-26)
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.
Feenstra invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Kavanagh took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 100 OF
TITLE 12, CHAPTER 20 (PUBLIC LANDS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
The following people spoke against the proposed amendment change during the
audience communication portion of the meeting:
1) Tom Bolduc, 34590 Grandon, Livonia
Lip 2) Mary Mozurkewich, 39373 Lyndon, Livonia
3) Carol Hinkel, 1725 Balsam Way
4) Gloria Tambornini, 38438 Lapham Ct. , Livonia
5) Steven Soof with the Westland Humane Society, 14941 Beatrice,
Livonia
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A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Feenstra, McGee, Kavanagh, and Taylor
NAYS: Ochala and Toy.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 31 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 92-9-1-21)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Toy, seconded by Ochala, it was:
#125-93 RESOLVED, that having considered a letter from the
President of Madonna University, dated February 4, 1993, wherein
a request is submitted for a waiver of fees for traffic control
and public safety with respect to the first annual Run for
Justice in association with activities of Black History Month to
be conducted on the University campus and proceed north on
Newburgh Road to Five Mile, east to Levan Road and south to the
service drive back to campus on Sunday, February 28, 1993, the
Council does hereby approve the date for conducting this event
and authorize a waiver of 50% of the fees incurred by the City
with respect to this event.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, Ochala, Toy, and Taylor.
NAYS: Feenstra.
27475
The President declared the resolution adopted.
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was:
#126-93 RESOLVED, that having considered a communication from
the City Clerk, dated February 12, 1993, which indicates that the
proprietor of Stonehouse Estates Subdivision, located on the
north side of Joy Road between Newburgh Road and Hix Road in the
Southeast 1/4 of Section 31, has delivered final true plats to
the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission, dated February
11, 1993, wherein said Commission approves the final plat for the
said subdivision in its resolution 2-38-93, adopted on February
9, 1993; and the Council having considered a report from the City
Engineer, dated February 9, 1993, recommending approval of the
final plat of said subdivision, the preliminary plat of which was
approved by the Council in its resolution 947-91, adopted on
December 4, 1991, said preliminary plat having been recommended
for approval by the City Planning Commission on February 19, 1991
in its resolution 2-31-91; NOW, THEREFORE, the Council does
hereby determine to grant its approval to the final plat of
Stonehouse Estates Subdivision, located in the Southeast 1/4 of
Section 31, City of Livonia, Wayne County, Michigan, as submitted
by the proprietor thereof, which proprietor is also hereby
required to do all things necessary to obtain full compliance
with the Subdivision Control Act of Michigan of 1967, as amended,
and the Ordinances of the City of Livonia; and FURTHER, the City
Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution.
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was:
#127-93 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 22, 1992, and
the report and recommendation of the Chief of Police, dated
February 9, 1993, approved for submission by the Mayor, with
regard to a request from BEF Holding Co. , Inc. - stockholder in
Bob Evans Farms, Inc. (an Ohio Corporation), for a new full year
Class C license with Official Permit (Food) and Outdoor Service
Permit for a business to be located on Victor Parkway (address
number not yet assigned), Livonia, Michigan 48152, Wayne County,
the name of which will be "Cantina Del Rio," the Council does
hereby take this means to advise the Michigan Liquor Control
Commission that the City Council approves the said request "above
all others"; and the City Clerk is hereby requested to transmit a
certified copy of this resolution to the Michigan Liquor Control
Commission.
27476
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
#128-93 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 27,
1993, approved for submission by the Finance Director and the
Mayor, which transmits Parks and Recreation Commission resolution
2206-92, and to which is attached a proposed renewal agreement
for concession stands at Eddie Edgar Ice Arena and Ford Field
between the City of Livonia and Livonia Concession Services,
Inc. , 14304 Arden, Livonia, Michigan 48154, for a term of three
years commencing April 1, 1993, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said Concession Renewal Agreement, as
well as to do all other things necessary or incidental to the
full performance of this resolution.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#129-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 19, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
final payment in the amount of $5,409.81 to Macomb Contracting
Corporation, which sum includes the full and complete balance due
on a contract authorized in Council Resolution 208-92 in the
amount of $24,588.50, the actual contract amount completed to
date being $29,998.31, in connection with the Beitz Drain Inlet
Structure Modifications, it appearing from the aforementioned
report that all work under the said contract has been completed
in accordance with City standards and specifications; and the
Council does hereby appropriate and authorize the sum of
$5,409.81 from the Surplus County Drain Fund account for this
purpose.
On a motion by Kavanagh, seconded by Toy, it was:
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 6, 1993, which
bears the signature of the Finance Director, is approved as to
form by the City Attorney and is approved for submission by the
Mayor, and to which is attached an agreement between the firm of
Spalding, DeDecker & Associates, Inc. , 655 West 13 Mile Road,
Madison Heights, Michigan 48071, and the City of Livonia, for the
purpose of having the said firm provide the preliminary and
construction engineering services for the Merriman Road and CSX
Railroad Grade Separation project at a not-to-exceed fee of
ift• $580,326.11, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute this
agreement and to designate the City Engineer as the City's
representative with respect to this project; provided, however,
27477
that the said contract shall include an additional provision
which prohibits any modifications or additional work which could
result in increasing the contract amount over $580,326.11 without
prior Council approval; and the Council does hereby appropriate
and authorize an expenditure of not to exceed $580,326.11 from
the $12 Million Dollar General Obligation Road Bond Issue for
this purpose.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh
NAYS: Feenstra, McGee, Ochala, Toy, and Taylor.
The President declared the resolution denied.
On a motion by Feenstra, seconded by Ochala, it was:
#130-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 6, 1993, which
bears the signature of the Finance Director, is approved as to
form by the City Attorney and is approved for submission by the
Mayor, and to which is attached an agreement between the firm of
Spalding, DeDecker & Associates, Inc. , 655 West 13 Mile Road,
Madison Heights, Michigan 48071, and the City of Livonia, for the
purpose of having the said firm provide the preliminary and
construction engineering services for the Merriman Road and CSX
Railroad Grade Separation project at a not-to-exceed fee of
$580,326.11, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute this
agreement and to designate the City Engineer as the City's
representative with respect to this project; and the Council does
hereby appropriate and authorize an expenditure of not to exceed
$580,326.11 from the $12 Million Dollar General Obligation Road Bond
Issue for this purpose.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Ochala, Toy, and Taylor.
NAYS: Kavanagh.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
27478
#131-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 3, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
unit price bid of G.V. Cement Contracting Co. , 13785 Monterey,
Southgate, Michigan 48195, for the repair and/or replacement of
various sidewalks in accordance with the 1993 Sidewalk Program,
for the estimated total cost of $247,845, based upon the
Engineering Department's estimate of units involved, and subject
to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this item; FURTHER, the Council does hereby (1) authorize an
advance in the amount of $187,845 (S.A.D portion of program)
from the $12 Million Dollar General Obligation Road Improvement
Bond Issue with the provision that this Bond Issue be reimbursed
at such time as funds are subsequently received from the payment
of bills and assessments by affected property owners and (2)
authorize an appropriation in the amount of $60,000 from the
Michigan Transportation Fund, Local Road Account, to pay for the
City's portion of the contract; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary, so long as the total cost of such adjustments does not
exceed 5% of the bid price accepted herein; 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.
On a motion by Toy, seconded by Kavanagh, it was:
#132-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 21, 1993, which
transmits its resolution 1-2-93, adopted on January 12, 1993,
with regard to Petition 92-10-2-46, submitted by James
Staniforth, requesting waiver use approval to operate a limited
service restaurant within an existing building located on the
east side of Merriman Road, north of Schoolcraft Road in the
Southwest 1/4 of Section 23, which property is zoned C-1, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-10-2-46 is hereby approved
and granted, subject to the following conditions:
1) That the Site Plan dated 12-22-92, as revised, prepared by
Frank J. Ferlito, which is hereby approved, shall be adhered
to;
2) That the landscaping shown on the approved Site Plan shall
be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
im. 3) That the Building Elevation Plan dated 10-20-92, prepared by
Frank J. Ferlito, which is hereby approved, shall be adhered
to;
27479
4) That the number of customer seats shall not exceed 22; and
5) That the pole sign existing on the subject property in front
of the building proposed to be occupied by the limited
service restaurant shall be removed prior to the issuance of
a Certificate of Occupancy.
Barry Landow, Klein & Associates Real Estate, 30555 Southfield Road,
Southfield, MI spoke on behalf of the landlord re: the relocation of the
ice machine to an inside location
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, Ochala, and Toy.
NAYS: Feenstra and Taylor.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#133-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-21-93, adopted on January 26, 1993,
with regard to Petition 92-12-2-51, submitted by Action Olds,
Inc. , requesting waiver use approval to add showroom space to an
existing building located on the north side of Plymouth Road
between Farmington Road and Stark Road in the Southeast 1/4 of
Section 28, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-12-2-51 is hereby approved and granted, subject
to the following conditions:
1) That Site Plan dated 1-19-93, as revised, prepared by Thomas
W. Kurmas & Associates, Architects, which is hereby
approved, shall be adhered to;
2) That the Building Elevation Plan dated 12-10-92, prepared by
Kurmas & Associates, Architects, which is hereby approved,
shall be adhered to;
3) That the landscaping shown on the approved Site Plan shall
be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
LIN
27480
4) That with respect to the proposed car and truck display lot,
no medium duty or larger trucks shall be parked closer to
the Plymouth Road right-of-way line (as shown on the Master
Thoroughfare Plan) than 120 feet;
5) That the surface of the car and truck display lot shall be
hard surfaced no later than two years from the date of the
issuance of a Certificate of Occupancy as required by
Section 13 06 of Zoning Ordinance 543;
6) That with respect to the proposed car and truck display lot,
this approval of its use for that purpose shall expire no
later than two (2) years from the date of the issuance of a
Certificate of Occupancy unless the surface of the lot has
been hard surfaced as required by condition number 5 at
which time and in that event the approval shall become
permanent; and
7) That any building or structure currently existing on the
site proposed to be utilized for the display of cars and
trucks shall be immediately demolished and all debris shall
be removed from the site.
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was:
#134-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-16-93, adopted on January 26, 1993,
with regard to Petition 92-12-2-54, submitted by T. Rogvoy
Associates, Inc. , requesting waiver use approval to construct a
full service restaurant on property located on the northeast
corner of Seven Mile and Haggerty Roads in the Southwest 1/4 of
Section 6, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-12-2-54 is hereby approved and granted, subject
to the following conditions:
1) That the Site Plan Sheet SP1 dated 2-15-93, as revised,
prepared by Land Tech, which is hereby approved, shall be
adhered to;
2) That the Building Elevation Plans marked Sheet A2 and A3
dated 1-11-93, as revised, prepared by T. Rogvoy Associates,
Inc. , which are hereby approved, shall be adhered to;
3) That the Landscape Plan marked Sheet L-1 dated 12-15-92,
prepared by Land Tech, is hereby approved and shall be
adhered to and the landscaping shall be installed prior to
the issuance of a Certificate of Occupancy and shall
thereafter be permanently maintained in a healthy condition
and the lawn area shall be sodded and sprinkled;
27481
4) That the sign plan marked A-4 dated 12-14-92, prepared by
Heath and Co. and T. Rogvoy Associates, Inc. , which is
hereby approved, shall be adhered to;
5) That the total number of customer seats shall not exceed
253; and
6) That the Building Elevation Plans shall be revised to the
extent necessary to provide a coat hanging area.
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#135-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1993, which
transmits its resolution 1-17-93, adopted on January 26, 1993,
with regard to Petition 92-12-2-55, submitted by T. Rogvoy
Associates, Inc , requesting waiver use approval for a Class C
liquor license for a full service restaurant proposed to be
located on the northeast corner of Seven Mile and Haggerty Roads
in the Southwest 1/4 of Section 6, which property is zoned C-2,
the Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
On a motion by Ochala, seconded by McGee, it was:
#136-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 12-527-92, adopted on December 1, 1992, with
regard to Petition 92-9-2-37, submitted by Robert E Rashid,
requesting waiver use approval to utilize a Class C liquor
license in connection with a proposed Major Magic restaurant to
be located on the north side of Seven Mile Road between
Farmington and Norwich Roads in the Southeast 1/4 of Section 4,
which property is zoned C-2, and the Council having conducted a
public hearing with regard to this matter on February 3, 1993,
pursuant to Council Resolution 952-92, the Council does hereby
reject the recommendation of the City Planning Commission and
said Petition 92-9-2-37 is hereby approved and granted, subject
to the following conditions:
1) That the sale of alcohol shall be limited to beer and wine
only; and
2) That the petitioner shall immediately provide the City with
a letter of understanding that should the said Major Magic
operation cease and terminate at this location, the liquor
license and/or tavern license for this location shall be
immediately returned to the Michigan Liquor Control
Commission.
A roll call vote was taken on the foregoing resolution with the following
result:
27482
AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by McGee, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 11-510-92, adopted on November 17, 1992,
with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for
Robert Chouinard, for a change of zoning on property located on
the west side of Farmington Road between Norfolk Avenue and Seven
Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and
the Council having conducted a public hearing with regard to this
matter on February 3, 1993, pursuant to Council Resolution
951-92, the Council does hereby reject the recommendation of the
Planning Commission and the said Petition 92-10-1-22 is hereby
approved and granted, as modified pursuant to the petitioner's
request in a letter dated February 23, 1993, by the exclusion of
the westerly 50' ; 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 Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
On a motion by Kavanagh, seconded by Toy, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 11-510-92, adopted on November 17, 1992,
with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for
Robert Chouinard, for a change of zoning on property located on
the west side of Farmington Road between Norfolk Avenue and Seven
Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and
the Council having conducted a public hearing with regard to this
matter on February 3, 1993, pursuant to Council Resolution
951-92, 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: Kavanagh and Toy.
NAYS: Feenstra, McGee, Ochala, and Taylor.
ifts The President declared the resolution denied.
A roll call vote was taken on the original resolution, as follows, with the
following result:
27483
#137-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 11-510-92, adopted on November 17, 1992,
with regard to Petition 92-10-1-22, submitted by Kamp-DiComo for
Robert Chouinard, for a change of zoning on property located on
the west side of Farmington Road between Norfolk Avenue and Seven
Mile Road in the Northeast 1/4 of Section 4, from RUFA to OS, and
the Council having conducted a public hearing with regard to this
matter on February 3, 1993, pursuant to Council Resolution
951-92, the Council does hereby reject the recommendation of the
Planning Commission and the said Petition 92-10-1-22 is hereby
approved and granted, as modified pursuant to the petitioner's
request in a letter dated February 23, 1993, by the exclusion of
the westerly 50' ; 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 Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Ochala, it was:
#138-93 RESOLVED, that in accordance with Section 23 01(a) of
Zoning Ordinance 543, as amended, the Council does hereby request
that the City Planning Commission conduct a public hearing and
thereafter submit a report and recommendation with regard to the
question of whether certain property which is located on the west
side of Farmington Road between Norfolk Avenue and Seven Mile
Road in the Northeast 1/4 of Section 4, and which has been
proposed for dedication to the City of Livonia, should be rezoned
from the PL zoning classification to NP.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Kavanagh, it was:
#139-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 11-516-92, adopted on November 17, 1992,
with regard to Petition 92-8-6-4, submitted by the City Planning
27484
Commission, pursuant to Council Resolution 419-92, to determine
L whether to amend Section 18.50B of Zoning Ordinance 543 to
provide additional regulations regarding illuminated canopies and
awnings with attached signage, and the Council having conducted a
public hearing with regard to this matter on February 3, 1993,
pursuant to Council Resolution 951-92, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 92-8-6-4 is hereby approved and granted, as
modified; and the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Kavanagh, Ochala, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
ibe 11140-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which sets
forth its resolution 11-517-92, adopted on November 17, 1992,
with regard to Petition 92-9-6-5, submitted by the City Planning
Commission, pursuant to Council Resolution 611-92, to determine
whether to amend Article XXI of Zoning Ordinance 543 so as to
authorize the appointment of two alternate members to the Zoning
Board of Appeals in connection with MCL 125.585, and the Council
having conducted a public hearing with regard to this matter on
February 3, 1993, pursuant to Council Resolution 951-92, the
Council does hereby refer this item to the Committee of the Whole
for its report and recommendation.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to my prior statement 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 9:55 p.m.
27485
On a motion by Feenstra, seconded by Toy, it was:
#141-93 WHEREAS, February 24, 1993, at 2:00 o'clock p.m. ,
Eastern Standard Time, has been set as the date and time for
opening bids for the purchase of the Issuer's $3,500,000 1993
General Obligation Unlimited Tax Bonds;
AND WHEREAS, said bids have been publicly opened and read;
AND WHEREAS, the following bids have been received:
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
Griffin, Kubik, 01-Mar-94 7.25% 0 4.7496% $1,632,687.50
Stephens & 01-Mar-95 7.25
Thompson, Inc. 01-Mar-96 7.25
01-Mar-97 7.25
01-Mar-98 7.25
01-Mar-99 7.25
01-Mar-00 7.25
01-Mar-01 5.75
01-Mar-02 4.25
01-Mar-03 4.25
01-Mar-04 4.25
01-Mar-05 4.25
O1-Mar-06 4.25
01-Mar-07 4.25
01-Mar-08 4.25
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
Kemper Securities 01-Mar-94 6.00% 0 4.76% $1,636,250.00
Security Bank of 01-Mar-95 7.25
Southgate 01-Mar-96 7.25
First of Michigan 01-Mar-97 7.25
01-Mar-98 7.25
01-Mar-99 7.25
01-Mar-00 7.25
01-Mar-01 6.00
01-Mar-02 4.25
01-Mar-03 4.25
01-Mar-04 4.25
01-Mar-05 4.25
01-Mar-06 4.25
01-Mar-07 4.25
01-Mar-08 4.25
27486
Average Net
Interest Interest Interest mo
Bidder Maturity Rate Premium Rate Cost
Clayton, Brown & 01-Mar-94 5.625% 1 75 4.7958% $1,648,567.00
Assoc. Inc 01-Mar-95 7.25
01-Mar-96 7.25
01-Mar-97 7 25
01-Mar-98 7.25
01-Mar-99 7.25
01-Mar-00 7 25
01-Mar-01 6.70
01-Mar-02 4.25
01-Mar-03 4.25
01-Mar-04 4.25
01-Mar-05 4.25
01-Mar-06 4.25
01-Mar-07 4 25
01-Mar-08 4 25
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
Hutchinson, 01-Mar-94 4 875% 0 4.798% $1,649,343.75
Shockey, Erley 01-Mar-95 6.375
& Co 01-Mar-96 6.375
01-Mar-97 6.375
01-Mar-98 6 375
01-Mar-99 6 375
01-Mar-00 6.375
01-Mar-01 6 375
01-Mar-02 4 375
01-Mar-03 4.375
01-Mar-04 4 375
01-Mar-05 4.375
01-Mar-06 4 375
01-Mar-07 4.50
01-Mar-08 4.50
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
NBD Bank, N.A. 01-Mar-94 7.30% 21.75 4.9525% $1,702,453.25
01-Mar-95 7.50
01-Mar-96 7.50
01-Mar-97 7.50
01-Mar-98 6.10
01-Mar-99 4.50
01-Mar-00 4.50
01-Mar-01 4.50
01-Mar-02 4.70
01-Mar-03 4.90
01-Mar-04 4.90
01-Mar-05 4.90
01-Mar-06 4.90
01-Mar-07 4.90
01-Mar-08 4.90
27487
Average Net
Interest Interest Interest
mm Bidder Maturity Rate Premium Rate Cost
McDonald & Co. 01-Mar-94 7.00% 0 4.9546% $1,703,162.50
Securities, Inc. 01-Mar-95 7.00
01-Mar-96 7.00
01-Mar-97 7.00
01-Mar-98 6.25
01-Mar-99 4.15
01-Mar-00 4.30
01-Mar-01 4.45
01-Mar-02 4.60
01-Mar-03 4.75
01-Mar-04 4.90
01-Mar-05 5.00
01-Mar-06 5.00
01-Mar-07 5.00
01-Mar-08 5.00
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
Michigan National 01-Mar-94 7.40% 12.50 5.024% $1,727,262.50
Bank 01-Mar-95 7.50
01-Mar-96 7.50
01-Mar-97 7.50
01-Mar-98 7.40
01-Mar-99 4.50
01-Mar-00 4.50
01-Mar-01 4.50
01-Mar-02 4.60
01-Mar-03 4.75
01-Mar-04 4.90
01-Mar-05 5.00
01-Mar-06 5.00
01-Mar-07 5.00
01-Mar-08 5.00
Average Net
Interest Interest Interest
Bidder Maturity Rate Premium Rate Cost
Smith Barney 01-Mar-94 6.50% 514.00 5.0508% $1,736,236.00
01-Mar-95 6.50
01-Mar-96 6.50
01-Mar-97 6.50
01-Mar-98 5.50
01-Mar-99 4.20
01-Mar-00 4.40
01-Mar-01 4.60
01-Mar-02 4.75
01-Mar-03 4.80
ift. 01-Mar-04 5.00
01-Mar-05 5.00
01-Mar-06 5. 10
01-Mar-07 5.20
01-Mar-08 5.30
27488
AND WHEREAS, the bid of Griffin, Kubik, Stephens & Thompson, Inc.
tow has been determined to produce the lowest interest cost to the
Issuer
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The bid of Griffin, Kubik, Stephens & Thompson, Inc. , as
above stated, be and the same is hereby accepted.
2. Checks of the unsuccessful bidders be returned to each
bidder's representative or by registered mail.
3 The Issuer hereby convenants 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 not 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
4 The Issuer hereby covenants that the useful life of the
projects to be financed with the proceeds of the bonds
awarded herein is estimated to be not less than twenty (20)
years
5 All resolutions and parts of resolutions insofar as they
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: Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 9:57 p.m.
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was:
#142-93 RESOLVED, that having considered a communication dated
January 27, 1993 from the Engineering Department transmitting for
Council acceptance seven (7) Grants of Easement, more
particularly described as:
(1) Grant of Easement, dated March 20, 1992, executed by John W
Friess and Hildegarde G. Friess, his wife, for:
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The south 5 feet of that part of Outlot A, Livonia Hills
Estates Subdivision as recorded in Liber 81, Pages 92 and
93, Wayne County Records, said subdivision being a part of
the N.W. 1/4 of Section 6, T. 1 S. , R 9 E. , City of
Livonia, Wayne County, Michigan, said part being more
particularly described as beginning at a point South 0°
10' 50" West, 99.39 feet from the northwest corner of said
Outlot A; thence North 89° 20' 02" East, 370.11 feet; thence
southeasterly along a curve convex to the east, radius
170.00 feet, arc 108 33 feet; thence South 89° 20' 02" West,
408.27 feet; thence North 0° 10' 50" East, 100.00 feet to
the point of beginning (Part of Tax Parcel No.
022-01-0046-003)
(2) Grant of Easement, dated June 15, 1992, executed by Timothy
A. Carr, Chairman of the Board of Trustees and Terry T.
Oswalt, Vice Chairman of the Board of Trustees, for the
Berean Baptist Church, a Michigan Ecclesiastical
Corporation, for
The westerly most 12 feet of the following parcel of land:
Part of the N.E 1/4 of Section 6, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan, described as commencing at
the north 1/4 corner of said Section 6; thence 00° 12' West,
60.00 feet to the southerly right-of-way line of Base Line
Road (120 feet wide); thence North 89° 45' 44" East along
said right-of-way line, 366 00 feet to the point of
beginning; thence North 89° 45' 44" East, 311 00 feet;
thence South 00° 12' 03" West, 858 50 feet; thence South 89°
29' 30" West, 677.02 feet to the north and south 1/4 line;
thence North 00° 12' East along the 1/4 line, 576.70 feet;
thence North 89° 45' 44" East, 366 00 feet; thence North 00°
12' East, 285 00 feet to the point of beginning. (Part of
Tax Parcel No 021-99-0004-007)
(3) Grant of Easement, dated June 13, 1992, executed by Clarence
Jahn and Dorthea Jahn, his wife, for:
The East 12 feet of the West 52 feet; also the West 40 feet
of the North 70 feet of the South 80 feet; all of Lot 17,
Livonia Hills Estates Subdivision, as recorded in Liber 81,
Pages 92 and 93, Wayne County Records, said subdivision
being a part of the N.W. 1/4 of Section 6, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, except the westerly
part measuring 0.69 feet on the north lot line and 0.92 feet
on the south lot line (Part of Tax Parcel No.
022-01-0017-001)
(4) Grant of Easement, dated June 22, 1992, executed by James D.
imi Kurtz and Christine A. Newberry, for:
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The north 20 feet of Lot 7, Livonia Hills Estates
Subdivision, as recorded in Liber 81, Pages 92 and 92, Wayne
County Records, said subdivision being a part of the N.W.
1/4 of Section 6, T. 1 S. , R. 9 E , City of Livonia, Wayne
County, Michigan (Part of Tax Parcel No. 022-01-0007-000)
(5) Grant of Easement, dated June 22, 1992, executed by James D.
Kurtz and Christine A Newberry, for:
The north 6 feet; also the East 12 feet of the West 52 feet;
all of that part of Outlot A, Livonia Hills Estates
Subdivision as recorded in Liber 81, Pages 92 and 93, Wayne
County Records, said subdivision being a part of the N.W
1/4 of Section 6, T 1 S , R. 9 E. , City of Livonia, Wayne
County, Michigan, said part being more particularly
described as beginning at a point South 0° 10' 50" West,
199.39 feet from the northwest corner of said Outlot A;
thence North 89° 20' 02" East, 408.27 feet; thence
southwesterly along a curve convex to the east, radius
170.00 feet, arc 105 67 feet; thence South 89° 20' 02" West,
381.24 feet; thence North 0° 10' 50" East, 100.00 feet to
the point of beginning (Part of Tax Parcel No.
022-01-0046-004)
(6) Grant of Easement, dated March 20, 1992, executed by John W.
Friess and Hildegarde G Friess, his wife, for:
The north 20 feet of the east 9 89 feet of Lot 6, Livonia
Hills Estates Subdivision, as recorded in Liber 81, Pages 92
and 93, Wayne County Records, said subdivision being a part
of the N.W 1/4 of Section 6, T. 1 S , R 9 E , City of
Livonia, Wayne County, Michigan. (Part of Tax Parcel No.
022-01-0006-001)
(7) Grant of Easement, dated June 1, 1992, executed by Carolyn
N. Brummund and Dorothy H. Smith, for:
The east 12 feet of the West 52 feet of that part of Outlot
A, Livonia Hills Estates Subdivision, as recorded in Liber
81, Pages 92 and 93, Wayne County Records, said subdivision
being a part of the N.W. 1/4 of Section 6, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, said part being
more particularly described as beginning at the southwest
corner of said Outlot A; thence North 0° 10' 50" East,
100.00 feet; thence North 89° 20' 02" East, 381.24 feet;
thence southwesterly along a curve convex to the southeast,
radius 170.00 feet, arc 61.42 feet; thence along a curve
convex to the northwest, radius 302.42 feet, arc 80 21 feet;
thence South 89° 03' 11" West, 281.94 feet to the point of
beginning (Part of Tax Parcel No 022-01-0046-005), and
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement and the City
Clerk is hereby requested to have the same recorded in the Office
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of the Register of Deeds, and FURTHER, the Council does hereby
authorize the Mayor and City Clerk to execute, for and in behalf
of the City of Livonia, an Easement Agreement between the Digital
Equipment Corporation and the City of Livonia, said agreement
setting forth a ten (10) foot wide easement for water main
purposes across the Digital Equipment Corporation property
located in the North 1/2 of Section 6, and the City Clerk is
hereby requested to have same recorded in the Office of the
Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
#143-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
February 9, 1993, 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
$605 from the parties indicated in the aforesaid communication,
the said sum to be deposited in and appropriated to Account
702-000-285-216 for use in the Senior Citizen Programs.
Kavanagh left the podium at 9:59 p.m due to a potential conflict of
interest pertaining to the next item
On a motion by Feenstra, seconded by McGee, it was:
#144-93 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 Wednesday, March 31, 1993 at
8:00 p.m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-12-1-27, submitted by F. Patrick Devine on
behalf of KA-DE Investments for a change of zoning on
property located on the north side of Lyndon Avenue,
west of Farmington Road, in the Northeast 1/4 of Section 21,
from R-2 to OS, the City Planning Commission in its
resolution 2-31-93 having recommended to the City Council
that Petition 92-12-1-27 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
iir hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
27492
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 resolution with the following
result:
AYES: Feenstra, McGee, Ochala, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
Kavanagh returned to the podium at 10:00 p.m.
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was:
#145-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#146-93 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based
upon the appointment of the Mayor, dated February 24, 1993, the
Council does hereby consent to and confirm the appointment of Ms.
Sherry Broyles, 33948 Sleepy Hollow, Livonia, MI 48150, to the
Board of Review for a term of one year, commencing February 24,
1993 and expiring February 16, 1994, provided she takes the Oath
of Office as required in Section 2, Chapter X of the City
Charter, to be administered by the City Clerk.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I have previously disclosed the existence of
iim a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to my prior statement 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.
27493
McGee left the podium at 10:01 p.m.
On a motion by Feenstra, seconded by Kavanagh, it was:
ORDINANCE NO. 2163
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE
REFUNDING BONDS OF EQUAL STANDING WITH CERTAIN OUTSTANDING WATER
SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS, TO PAY THE COST OF
REFUNDING PART OF THE CITY'S WATER SUPPLY AND WASTEWATER SYSTEM
REVENUE BONDS, SERIES 1988 (LIMITED TAX GENERAL OBLIGATION) AND
THE CITY'S WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BONDS,
SERIES 1989 (LIMITED TAX GENERAL OBLIGATION) AND TO PRESCRIBE THE
FORM OF THE REFUNDING BONDS; TO PROVIDE FOR THE COLLECTION OF
REVENUES FROM THE SYSTEM SUFFICIENT FOR THE PURPOSE OF PAYING THE
COSTS OF OPERATION AND MAINTENANCE OF THE SYSTEM AND TO PAY THE
PRINCIPAL OF AND INTEREST ON THE REFUNDING BONDS AND CERTAIN
OUTSTANDING BONDS OF THE SYSTEM; TO PROVIDE AN ADEQUATE RESERVE
FUND FOR THE REFUNDING BONDS AND OUTSTANDING BONDS OF THE SYSTEM;
TO PROVIDE FOR THE SEGREGATION AND DISTRIBUTION OF THE REVENUES;
TO PROVIDE FOR THE RIGHTS OF THE HOLDERS OF THE REFUNDING BONDS
AND OUTSTANDING BONDS OF THE SYSTEM IN ENFORCEMENT THEREOF; AND
TO PROVIDE FOR OTHER MATTERS RELATING TO THE SYSTEM AND THE
REFUNDING BONDS AND OUTSTANDING BONDS OF THE SYSTEM.
THE CITY OF LIVONIA ORDAINS:
Section 1. Definitions Whenever used in this Ordinance, except
when otherwise indicated by the context, the following terms shall
have the following meanings:
(a) "Act 94" means Act 94, Public Acts of Michigan, 1933, as
amended
(b) "Bonds" mean the Refunding Bonds, and any additional Bonds
presently of equal standing or hereafter issued.
(c) "Bond Purchase Agreement" means the Bond Purchase Agreement
relating to the purchase of the Refunding Bonds by and between
the City and the Underwriter.
(d) "Issuer" or "City" means the City of Livonia, County of
Wayne, State of Michigan.
(e) "Mandatory Redemption Requirements" means the mandatory
prior redemption requirements for Bonds that are term Bonds, if
any, as specified in the Bond Purchase Agreement relating to the
Refunding Bonds or in any subsequent Ordinance in connection with
the issuance of additional bonds.
(f) "Outstanding Bonds" means the Issuer's Water Supply and
Wastewater System Revenue Bonds, Series 1988 (Limited Tax General
Obligation), in the aggregate outstanding principal amount of
Four Million Five Hundred Thousand Dollars ($4,500,000), which
bonds are dated as of December 1, 1988, and mature serially on
November 1st of each of the years 1989 to 2009, inclusive and
27494
Water Supply and Wastewater System Revenue Bonds, Series 1989
(Limited Tax General Obligation) , in the aggregate principal
amount of Four Million Six Hundred Fifty Thousand Dollars
($4,650,000), which bonds are dated as of November 1, 1989, and
mature serially on November 1st of each of the years 1990 through
2009, inclusive.
(g) "Outstanding Ordinances" means Ordinance No. 1958 and
Ordinance No. 2015.
(h) "Refunding Bonds" means the Water Supply and Wastewater System
Revenue Refunding Bonds, Series 1993 (Limited Tax General
Obligation) of the Issuer authorized by this Ordinance.
(i) "Refunded Bonds" means a portion of the Outstanding Bonds as
shall be identified in the Sales Resolution referred to herein.
(j) "Revenues" and "Net Revenues" mean the revenues and net
revenues of the System and shall be construed as defined in
Section 3 of Act 94, including with respect to "Revenues", the
earnings derived from the investment of moneys in the various
funds and accounts established by the Outstanding Ordinances and
this Ordinance.
(k) "Sales Resolution" means the Sales Resolution to be adopted
by the Issuer respecting the sale of the Refunding Bonds.
(1) "Sufficient Government Obligations" means direct obligations
of the United States of America or obligations the principal and
interest on which is fully guaranteed by the United States of
America, not redeemable at the option of the issuer, the
principal and interest payments upon which, without reinvestment
of the interest, come due at such times and in such amounts as to
be fully sufficient to pay the interest as it comes due on the
Bonds and the principal and redemption premium, if any, on the
Bonds as it comes due whether on the stated maturity date or upon
earlier redemption. Securities representing such obligations
shall be placed in trust with a bank or trust company, and if any
of the Bonds are to be called for redemption prior to maturity,
irrevocable instructions to call the Bonds for redemption shall be
given to the paying agent.
(m) "System" means the entire Water Supply and Wastewater System
of the City, both inside and outside the City including all
plants, works, instrumentalities and properties, used or useful
in connection with the collection and treatment of sanitary
sewage, and all facilities used or useful in the supply and
distribution of water as the same now exists, and all
enlargements, extensions, repairs and improvements thereto
hereafter made.
(n) "Transfer Agent" and/or "Escrow Agent" means NBD Bank, N.A. ,
Detroit, Michigan.
27495
(o) "Underwriter" means Hutchinson, Shockey, Erley & Co. , as
representative of the purchasers of the Refunding Bonds.
Section 2. Necessity; Public Purpose. It is hereby determined
to be a necessary public purpose of the Issuer to refund the
Refunded Bonds.
Section 3. Payment of Cost; Bonds Authorized. To pay the costs
associated with the refunding of the Refunded Bonds, including
all legal, financial and other expenses incident thereto and
incident to the issuance and sale of the Bonds, the Issuer shall
borrow the sum of not to exceed Five Million Five Hundred
Thousand Dollars ($5,500,000), as finally determined in the Sales
Resolution and issue the Bonds therefor pursuant to the
provisions of Act 94. The remaining costs, if any, of refunding
the Refunded Bonds shall be defrayed from City funds on hand and
legally available for such use, including moneys in the bond
reserve accounts established for the Refunded Bonds.
Section 4. Bond Details, Registration and Execution. The Bonds
hereby authorized shall be designated WATER SUPPLY AND WASTEWATER
SYSTEM REVENUE REFUNDING BONDS, SERIES 1993 (Limited Tax General
Obligation), shall be payable primarily out of the Net Revenues,
as set forth more fully herein, shall consist of bonds of the
denomination of $5,000, or integral multiples of $5,000 not
exceeding in any one year the amount maturing in that year, dated
as of April 1, 1993 or such later date as shall be determined in
the Sales Resolution, numbered in order of authentication, and
shall mature on November 1st in the years 1993 to 2009,
inclusive, or such other years of maturity as shall be determined
in the Sales Resolution.
The Bonds shall bear interest at a rate or rates set forth in the
Bond Purchase Agreement determined on sale thereof, but in any
event not exceeding 8% per annum, payable on May 1 and November 1
of each year, commencing November 1, 1993, by check or draft
mailed by the Transfer Agent to the person or entity which is, as
of the 15th day of the month preceding the interest payment date,
the registered owner at the registered address as shown on the
registration books of the Issuer maintained by the Transfer Agent.
The date of determination of registered owner for purposes of
payment of interest as provided in this paragraph may be changed
by the Issuer to conform to market practice in the future. The
principal of the bonds shall be payable at the principal trust
office of the Transfer Agent. The Bonds shall be sold at the
price set forth in the Bond Purchase Agreement.
The Bonds may be subject to redemption prior to maturity at the
times and prices and in the manner finally determined by the City
Council in the Sales Resolution.
In case less than the full amount of an outstanding Bond is
called for redemption, the Transfer Agent upon presentation of
the Bond called in part for redemption shall register,
27496
authenticate and deliver to the registered owner a new bond in
the principal amount of the portion of the original bond not
called for redemption. Notice of redemption shall be given in
the manner specified in the form of the Bonds contained in
Section 13 of this Ordinance.
The Bonds shall be executed in the name of the Issuer with the
facsimile signatures of the Mayor, the City Clerk and the City
Treasurer and shall have a facsimile of the Issuer's seal printed
on them. No Bond shall be valid until authenticated by an
authorized signer of the Transfer Agent. The Bonds shall be
delivered to the Transfer Agent for authentication and be
delivered by the Transfer Agent to the Underwriter in accordance
with instructions from the City Clerk of the Issuer upon payment
of the purchase price for the Bonds in accordance with the bid
therefor when accepted. Executed blank bonds for registration
and issuance to transferees shall simultaneously, and from time
to time thereafter as necessary, be delivered to the Transfer
Agent for safekeeping
Section 5. Registration and Transfer. Any Bond may be
transferred upon the books required to be kept pursuant to this
section by the person in whose name it is registered, in person
or by the registered owner's duly authorized attorney, upon
surrender of the Bond for cancellation, accompanied by delivery
of a duly executed written instrument of transfer in a form
approved by the transfer agent. Whenever any Bond or Bonds shall
be surrendered for transfer, the Issuer shall execute and the
transfer agent shall authenticate and deliver a new Bond or
Bonds, for like aggregate principal amount. The Transfer Agent
shall require payment by the bondholder requesting the transfer
of any tax or other governmental charge required to be paid with
respect to the transfer. The Transfer Agent shall not be
required (i) to issue, register the transfer of or exchange any
Bond during a period beginning at the opening of business 15 days
before the day of the giving of a notice of redemption of Bonds
selected for redemption as described in the form of Bonds
contained in Section 16 of this Ordinance and ending at the close
of business on the day of that giving of notice, or (ii) to
register the transfer of or exchange any Bond so selected
for redemption in whole or in part, except the unredeemed portion
of Bonds being redeemed in part. The Issuer shall give the
Transfer Agent notice of call for redemption at least 20 days
prior to the date notice of redemption is to be given.
The Transfer Agent shall keep or cause to be kept, at its
principal office, sufficient books for the registration and
transfer of the Bonds, which shall at all times be open to
inspection by the Issuer; and, upon presentation for such
purpose, the Transfer Agent shall, under such reasonable
regulations as it may prescribe, transfer or cause to be
transferred, on said books, Bonds as hereinbefore provided.
27497
If any Bond shall become mutilated, the Issuer, at the expense of
the holder of the Bond, shall execute, and the Transfer Agent
shall authenticate and deliver, a new Bond of like tenor in
exchange and substitution for the mutilated Bond, upon surrender
to the Transfer Agent of the mutilated Bond. If any Bond issued
under this Ordinance shall be lost, destroyed or stolen, evidence
of the loss, destruction or theft may be submitted to the
Transfer Agent and, if this evidence is satisfactory to both and
indemnity satisfactory to the Transfer Agent shall be given, and
if all requirements of any applicable law including Act 354,
Public Acts of Michigan, 1972, as amended ("Act 354"), being
Sections 129.131 to 129.135, inclusive, of the Michigan Compiled
Laws have been met, the Issuer, at the expense of the owner,
shall execute, and the Transfer Agent shall thereupon
authenticate and deliver, a new Bond of like tenor and bearing
the statement required by Act 354, or any applicable law
hereafter enacted, in lieu of and in substitution for the Bond so
lost, destroyed or stolen. If any such Bond shall have matured
or shall be about to mature, instead of issuing a substitute Bond
the Transfer Agent may pay the same without surrender thereof.
Section 6. Payment of Bonds. The Bonds and the interest thereon
shall be payable primarily from the Net Revenues, and to secure
such payment, there is hereby created a statutory lien upon the
whole of the Net Revenues which shall be a first lien to continue
until payment in full of the principal of and interest on all
Bonds payable from the Net Revenues, or, until sufficient cash or
Sufficient Government Obligations have been deposited in trust
for payment in full of all Bonds of a series then outstanding,
principal and interest on such Bonds to maturity, or, if called
for redemption, to the date fixed for redemption together with
the amount of the redemption premium, if any. The first lien
referred to herein shall be equally shared and be a first
priority with the City's Outstanding Bonds. Upon deposit of cash
or Sufficient Government Obligations, as provided in the previous
sentence, the statutory lien shall be terminated with respect to
that series of Bonds, the holders of that series shall have no
further rights under this Ordinance except for payment from the
deposited funds, and the Bonds of that series shall no longer be
considered to be outstanding under this Ordinance.
In addition, since more than 25% of the cost of the Projects for
which the Outstanding Bonds were issued were defrayed from the
proceeds of grant funds, the City has previously pledged to the
Outstanding Bonds and does hereby reaffirm its pledge to the
Refunding Bonds its limited tax full faith and credit for the
payment of the principal of and interest on the Refunding Bonds.
Should the Net Revenues of the System be at any time insufficient
to pay the principal of and interest on the Refunding Bonds
and/or the Outstanding Bonds, as the same becomes due, then the
City shall advance from any funds available therefor; or, if
necessary, levy taxes on all taxable property in the City,
subject to applicable constitutional, charter and statutory
limitations, such sums as may be necessary to pay said principal
27498
and interest Such funds shall be deposited directly into the
iim Bond and Interest Redemption Fund established pursuant to Section
13 (B) of Ordinance No. 1958, and the City shall be reimbursed
for any such advance from the Net Revenues of the System
subsequently received which are not otherwise pledged or
encumbered by the Outstanding Ordinances or this Ordinance.
Section 7. Bondholders' Rights; Receiver. The holder or holders
of the Bonds representing in the aggregate not less than twenty
percent (20%) of the entire principal amount thereof then
outstanding, may, by suit, action, mandamus or other proceedings,
protect and enforce the statutory lien upon the Net Revenues of
the System, and may, by suit, action, mandamus or other
proceedings, enforce and compel performance of all duties of the
officers of the Issuer, including the fixing of sufficient rates,
the collection of Revenues, the proper segregation of the
Revenues of the System and the proper application thereof. The
statutory lien upon the Net Revenues, however, shall not be
construed as to compel the sale of the System or any part
thereof.
If there is a default in the payment of the principal of or
interest on the Bonds, any court having jurisdiction in any
proper action may appoint a receiver to administer and operate
the System on behalf of the Issuer and under the direction of the
court, and by and with the approval of the court to perform all
of the duties of the officers of the Issuer more particularly set
forth herein and in Act 94.
The holder or holders of the Bonds shall have all other rights
and remedies given by Act 94 and law, for the payment and
enforcement of the Bonds and the security therefor.
Section 8. Rates and Charges The rates and charges for service
furnished by and the use of the System and the methods of
collection and enforcement of the collection of the rates shall
be those in effect on date even herewith, as the same may be
increased from time to time.
Section 9. No Free Service or Use. No free service or use of
the System, or service or use of the System at less than the
reasonable cost and value thereof, shall be furnished by the
System to any person, firm or corporation, public or private, or
to any public agency or instrumentality, including the Issuer.
Section 10. Fixing and Revising Rates. The rates presently
in effect in the City are estimated to be sufficient to provide
for the payment of the expenses of administration and operation
and such expenses for maintenance of the System as are necessary
to preserve the System in good repair and working order, to
Lir provide for the payment of the principal of and interest on the
Bonds as the same become due and payable, and the maintenance of
the reserve therefor and to provide for all other obligations,
expenditures and funds for the System required by law and this
27499
Ordinance. The rates shall be reviewed not less than once a year
and shall be fixed and revised from time to time as may be
necessary to produce these amounts, and it is hereby covenanted
and agreed to fix and maintain rates for services furnished by
the System at all times sufficient to provide for the foregoing.
Section 11. Bond Reserve Fund. The Reserve Account in the Bond
and Interest Redemption Fund, as established and supplemented by
the Outstanding Ordinances shall be maintained in such amounts, so
that said Bond Reserve Account shall total a sum equal to the
lesser of (a) such amount as is equal to the largest annual debt
service requirement on the Bonds or (b) 10% of the principal
amount of the Bonds. In the event that the interest in said
Reserve Account is greater than such largest annual debt service
requirement such excess amount shall be promptly transferred to
the Receiving Fund.
Section 12. Bond Proceeds. From the proceeds of the sale of the
Refunding Bonds there shall be immediately deposited in the
Redemption Fund an amount equal to the accrued interest and
premium, if any, received on the delivery of the Refunding Bonds.
In addition, there shall be deposited to the Bond Reserve Account
from the proceeds of the Refunding Bonds, a sum, which taken
together with moneys transferred from the Bond Reserve Accounts
established and maintained, if any and/or sums transferred from
System funds on hand and legally available for such use, if any,
which will be sufficient to meet the requirements of Section 11
hereunder. Certain of the proceeds of the Refunding Bonds and,
if deemed necessary or advisable by the Issuer, moneys on hand in
the outstanding Bond Reserve Accounts, shall be deposited in an
escrow fund or funds (the "Escrow Fund") consisting of cash and
investments in direct obligations of or obligations of the
principal of and interest on which are unconditionally guaranteed
by the United States of America or other obligations the
principal of and interest on which are fully secured by the
foregoing not redeemable at the option of the Issuer in amounts
fully sufficient to pay the principal, interest and redemption
premiums on all of the Refunded Bonds, which are to be refunded
hereunder and shall be used only for such purposes. If deemed
necessary or advisable by the Issuer, the Escrow Fund may consist
of two or more separate funds as provided in the Escrow
Agreement. The Escrow Fund shall be held by NBD Bank, N.A. , as
the Escrow Agent (the "Escrow Agent") pursuant to an escrow
agreement (the "Escrow Agreement") which shall irrevocably direct
the Escrow Agent to take all necessary steps to pay the principal
of and interest on the Refunded Bonds when due and to call the
Refunded Bonds for redemption on the first call date, as
specified by the Issuer. The amounts held in the Escrow Fund
shall be such that the cash and investments and income received
thereon will be sufficient without reinvestment to pay the
principal, interest and redemption premiums on the Refunded Bonds
when due at maturity or by call for redemption as required by the
Sales Resolution. The remaining proceeds of the Bonds shall be
used to pay the costs of issuance of the Bonds. Any proceeds in
27500
excess of the proceeds deposited in the Escrow Fund or required
to pay costs of issuance shall be deposited in the Redemption
Fund and used to pay interest on the Bonds on November 1, 1993.
The City Clerk, the City Treasurer and the Finance Director of
the Issuer are each authorized to negotiate an Escrow Agreement
on behalf of the Issuer.
Section 13. Bond Form. The Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
WATER SUPPLY AND WASTEWATER SYSTEM
REVENUE REFUNDING BOND, SERIES 1993
(LIMITED TAX GENERAL OBLIGATION)
imp
Interest Maturity Date of Original
Rate Date Issue CUSIP
November 1, April 1, 1993
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Livonia, County of Wayne, State of Michigan (the
"Issuer") , for value received, hereby promises to pay, primarily
out of the hereinafter described Net Revenues of the Issuer's Water
Supply and Wastewater System (hereinafter defined) the Principal
Amount shown above in lawful money of the United States of America
to the Registered Owner shown above, or registered assigns, on the
Maturity Date shown above, unless prepaid prior thereto as
hereinafter provided, with interest thereon from the Date of
Original Issue shown above or such later date to which interest has
been paid, until paid, at the Interest Rate per annum shown above,
payable on November 1, 1993 , and semiannually thereafter.
Principal of this bond is payable upon surrender of this bond at
the principal corporate trust office of NBD Bank, N.A. , Detroit,
Michigan or such other Transfer Agent as the Issuer may hereafter
designate by notice mailed to the registered owner not less than 60
days prior to the date of any change in Transfer Agent. Interest
on this bond is payable by check or draft mailed by the Transfer
Agent to the person or entity who is, as of the 15th day of the
month preceding the interest payment date, the registered owner of
27501
record, at the registered address as shown on the registration
books of the Issuer kept by the Transfer Agent. For prompt payment
of principal and interest on this bond, the Issuer has irrevocably
pledged the revenues of the Water Supply and Wastewater System of
the Issuer (the "System") , including all appurtenances , extensions
and improvements thereto, after provision has been made for
reasonable and necessary expenses of operation, maintenance and
administration (the "Net Revenues") , and a statutory first lien
thereon is hereby recognized and created.
This bond is one of a series of bonds of even date of original
issue aggregating the principal sum of $ , issued pursuant
to Ordinance Nos. 1958 , 2015 and of the Issuer, duly
adopted by the City Council of the Issuer (the "Ordinances") , and
under and in full compliance with the Constitution and statutes of
the State of Michigan, including specifically Act 94 , Public Acts
of Michigan, 1933 , as amended, for the purpose of paying the cost
of refunding certain of the Issuer's outstanding Water Supply and
Wastewater System Revenue Bonds.
For a complete statement of the revenues from which and the
conditions under which this bond is payable, a statement of the
conditions under which additional bonds of equal standing as to the
Net Revenues may hereafter be issued and the general covenants and
provisions pursuant to which this bond is issued, reference is made
to the above-described Ordinances. The bonds of this issue are of
equal standing and priority of lien as to the Net Revenues with the
Issuer's Water Supply and Wastewater System Revenue Bonds
authorized by Ordinances Nos. 1958 and 2015 which are not being
refunded with the proceeds of the bonds of this Issue.
(Bond of this issue are not subject to redemption prior to
maturity]
[Bonds of this issue maturing in the years to
inclusive, are not subject to redemption prior to maturity. Bonds
or portions of bonds in multiples of $5 , 000 maturing in the year
and thereafter may be redeemed at the option of the Issuer, in
such order as the Issuer shall determine and within any maturity by
lot, on any interest payment date on or after 1, at
par and accrued interest to the date fixed for redemption plus a
premium expressed as a percentage of par as follows:
% of the par value of each bond or portion thereof
called for redemption on or after , but prior
to , ;
% of the par value of each bond or portion thereof
called for redemption on or after , , but prior
to , ;
% of the par value of each bond or portion thereof
called for redemption on or after , , but prior
to , ;
27502
No premium shall be paid on bonds or portions of bonds if
called for redemption on or after ,
In case less than the full amount of an outstanding bond
is called for redemption the transfer agent upon presentation
of the bond called in part for redemption shall register,
authenticate and deliver to the registered owner a new bond in
the principal amount of the portion of the original bond not
called for redemption.
Notice of redemption of any bond or portion thereof shall be
given by the Transfer Agent at least thirty (30) days prior to the
date fixed for redemption by mail to the registered owner at the
registered address shown on the registration books kept by the
Transfer Agent. Bonds shall be called for redemption in multiples
of $5, 000 and any bond of a denomination of more than $5, 000 shall
be treated as representing the number of bonds obtained by dividing
the denomination of the bond by $5, 000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part
shall state that upon surrender of the bond to be redeemed a new
bond or bonds in aggregate principal amount equal to the unredeemed
portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof
called for redemption shall accrue after the date fixed for
redemption, whether presented for redemption or not, provided funds
are on hand with the Transfer Agent to redeem the bond or portion
thereof. )
This bond is primarily a self-liquidating bond and is first
payable, both as to principal and interest, from the Net Revenues
of the System. The principal of and interest on this bond are
secured by the statutory lien hereinbefore mentioned. As
additional security for the payment of the principal of and
interest on this bond and the series of which it is one, the City
has pledged its limited tax full faith and credit for such payment,
and if necessary, the City will levy taxes on all taxable property
in the City for such purpose, subject to applicable constitutional ,
charter and statutory limitations .
The Issuer has covenanted and agreed, and does hereby covenant
and agree, to fix and maintain at all times while any bonds payable
from the Net Revenues of the System shall be outstanding, such
rates for service furnished by the System as shall be sufficient to
provide for payment of the interest on and the principal of the
bonds of this issue and any additional bonds of equal standing as
and when the same shall become due and payable, and to create and
maintain a bond redemption fund (including a bond reserve account)
therefor, to provide for the payment of expenses of administration
and operation and such expenses for maintenance of the System as
are necessary to preserve the same in good repair and working
order, and to provide for such other expenditures and funds for the
System as are required by the Ordinances .
27503
This bond is transferable only upon the books of the Issuer
kept for that purpose at the office of the Transfer Agent by the
iw registered owner hereof in person, or by the registered owner' s
attorney duly authorized in writing, upon the surrender of this
bond together with a written instrument of transfer satisfactory to
the Transfer Agent duly executed by the registered owner or the
registered owner' s attorney duly authorized in writing, and
thereupon a new registered bond or bonds in the same aggregate
principal amount and of the same maturity shall be issued to the
transferee in exchange therefor as provided in the Ordinance
authorizing the bonds, and upon the payment of the charges, if any,
therein prescribed.
It is hereby certified and recited that all acts, conditions
and things required by law precedent to and in the issuance of this
bond and the series of bonds of which this is one have been done
and performed in regular and due time and form as required by law.
This bond is not valid or obligatory for any purpose until the
Transfer Agent's Certificate of Authentication on this bond has
been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne,
State of Michigan, by its City Council, has caused this bond to be
executed with the facsimile signatures of its Mayor, its City Clerk
and its City Treasurer and a facsimile of its corporate seal to be
Lir printed on this bond, all as of the Date of Original Issue.
CITY OF LIVONIA
By
Mayor
(Seal)
Countersigned:
City Clerk
City Treasurer
110
27504
Certificate of Authentication
This bond is one of the bonds described in the within-
mentioned Ordinances.
NBD BANK, N.A.
By
Authorized Signatory
Date of Registration:
Section 14. Sale of Bonds. The City Clerk, City Treasurer and
Finance Director are each hereby authorized to negotiate a Bond
Purchase Agreement with the Underwriter finalizing the details of
the Bonds within the authorized parameters of this Ordinance and
the City Clerk, Finance Director, City Treasurer and City
Attorney are each authorized to do all other acts and take all
other necessary procedures required to effectuate the sale,
issuance and delivery of the Bonds.
Section 15. Tax Matters. The Issuer shall, to the extent
permitted by law, take all actions within its control necessary
to maintain the exclusion of the interest on the Bonds from gross
income for federal income tax purposes under the Internal Revenue
Code of 1986, as amended (the "Code"), including, but not limited
to, actions relating to any required rebate of arbitrage earnings
and the expenditures and investment of Bond proceeds and moneys
deemed to be Bond proceeds. The Refunding Bonds are hereby
designated as "qualified tax exempt obligations" for purposes of
deduction of interest expense by financial institutions.
Section 16. Savings Clause. Ordinance Nos. 1958 and 2015 shall
continue in effect, except as specifically supplemented or
altered herein.
Section 17. Severability; Paragraph Headings; and Conflict. If
any section, paragraph, clause or provision of this Ordinance
shall be held invalid, the invalidity of such section, paragraph,
clause or provision shall not affect any of the other provisions
of this Ordinance. The paragraph headings in this Ordinance are
furnished for convenience of reference only and shall not be
considered to be part of this Ordinance.
Section 18. Publication and Recordation. This Ordinance shall
be published in full in the Observer-Eccentric, a newspaper of
general circulation in the City, qualified under State law to
publish legal notices, promptly after its adoption, and shall be
27505
recorded in the Ordinance Book of the Issuer and such recording
iim authenticated by the signatures of the Mayor and City Clerk.
Section 19. Other Matters The Finance Director and/or the City
Clerk are each authorized and directed to (a) file with the
Michigan Department of Treasury an application for prior approval
of the issuance of the Bonds together with requests for such
waivers as each shall deem necessary or appropriate, (b) approve
the circulation of a preliminary official statement describing
the Bonds and to deem the preliminary official statement "final"
for purposes of Rule 15c2-12 of the SEC; and (c) do all other
acts and take all other necessary procedures required to
effectuate the sale, issuance and delivery of the Bonds.
Section 20. Effective Date. Pursuant to the provisions of
Section 6 of Act 94, this Ordinance shall be approved on the date
of first reading and accordingly this Ordinance shall immediately
be effective upon its adoption.
A roll call vote was taken on the foregoing ordinance with the following
result:
AYES: Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the ordinance adopted
On a motion by Kavanagh, seconded by Toy, it was:
#147-93 RESOLVED, that the Council does hereby request that the
Finance Director submit a report which sets forth in detail a
breakdown of all costs incurred by the City of Livonia during the
last 12 months with respect to all bond issues.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 10:15 p.m.
No one wished to speak during the audience communication portion
at the end of the meeting.
ibm
27506
On a motion by Feenstra, seconded by Toy, and unanimously
Iwo adopted, this 1,243rd Regular Meeting of the Council of the City of Livonia
was adjourned at 10:16 p.m. , February 24, 1993.
ii01.141A , f /
J' -n McCotter, City Clerk