HomeMy WebLinkAboutCOUNCIL MINUTES 2002-09-25 33726
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-THIRD
REGULAR MEETING OF SEPTEMBER 25, 2002
On September 25, 2002, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8.00 p m Councilmember Vandersloot delivered the invocation
Roll was called with the following result: Val Vandersloot, Linda Dolan,
Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp and Jack
Engebretson
Absent: None
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Mary Rutan,
Human Resources Director; Linda McCann, Director of Community Resources, Mike
Slater, Director of Finance, Ron Reinke, Superintendent of Parks and Recreation, Ian
Wilshaw, Traffic Commission and Stan Dobis, Cable Commission
On a motion by Brosnan, seconded by Dolan, and unanimously
adopted, it was
CR 497-02 RESOLVED, that the minutes of the 1,472nd Regular
Meeting of the Council held September 11, 2002 are hereby approved as
submitted
During the audience communication portion of the agenda, Lowell
Peterson, 9420 Lathers, congratulated Sheila Taormina on winning her second World
Cup Triathlon in France
Councilmember Taylor wished a "Happy Birthday" to his brother-in-law
Don Musick.
Councilmember Dolan said "Hello" to Webelos Pack 271 She stated that
she helped them earn their citizenship badge
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Regular Meeting of September 25, 2002
Councilmember Vandersloot congratulated her husband, Don, on their
22nd anniversary that will be celebrated on September 26
At the direction of the Chair, Item No 20 was removed from the Consent
portion of the Agenda
On a motion by Taylor, seconded by Vandersloot, it was
CR 498-02 RESOLVED, that having considered a letter from Jim Inglis,
on behalf of Rennolds' Ravine Civic Association, 15058 Westbrook Court,
Livonia, Michigan 48154, dated September 2, 2002, requesting permission
to close Westbrook Court, south of Five Mile Road on Saturday, October
5, 2002, from 3 00 p m to 9 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police Department.
CR 499-02 RESOLVED, that having considered a letter from Patricia
Hutchison, Music Department Chairperson, Winston Churchill High
School, dated August 23, 2002, which requests permission to display 22"
x 28" signs advertising a rummage sale to be conducted on Saturday,
October 5, 2002 at Churchill High School, which signs are to be installed
no earlier than Saturday, September 28, 2002, and removed no later than
Sunday, October 6, 2002, at various locations in the city, the Council does
hereby grant and approve of this request in the manner and form herein
submitted
CR 500-02 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club, dated
September 18, 2002, which requests permission to display wire signs
announcing the Holiday Boutique Arts and Crafts Show to be held by the
Clarenceville Athletic Booster Club on Saturday, November 9, 2002, which
signs are to be installed no earlier than Saturday, October 26, 2002, and
removed no later than Monday, November 11, 2002, at various locations
in the city, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 501-02 RESOLVED, that having considered a letter from Lisa
Hausman, Publicity Chairperson of the Frost Middle School PTSA Craft
Show, dated September 3, 2002, which requests permission to display
approximately 66 signs announcing the craft show to be conducted on
Saturday, November 2, 2002, which signs are to be installed no earlier
than Sunday, October 27, 2002, and removed no later than Sunday,
November 3, 2002, at various locations in the city, and two signs
measuring approximately 62" x 31" to be placed at the corners of
Farmington and Lyndon and Stark and Schoolcraft no earlier than
Saturday, October 19, 2002 and removed no later than Sunday,
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Regular Meeting of September 25, 2002
November 3, 2002, the Council does hereby grant and approve this
request in the manner and form herein submitted
CR 502-02 RESOLVED, that having considered a letter from Jennifer
Christensen, on behalf of St. Edith's Church, dated September 10, 2002,
which requests permission to display 14" x 23" signs announcing St.
Edith's Mom-to Mom sale to be conducted on Saturday, October 12, 2002,
which signs are to be installed no earlier than Sunday, October 6, 2002,
and removed no later than Saturday, October 12, 2002, at various
locations in the city, the Council does hereby grant and approve this
request in the manner and form herein submitted
CR 503-02 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 5, 2002, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached an agreement between
the City of Livonia and the Wayne County Office of Nutrition Services for
the distribution of U S D.A. TEFAP commodities to low income residents
through September 30, 2003, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the said agreement in the manner and form herein submitted, as well as to
do all other things necessary or incidental to the full performance of this
resolution
BROWNFIELD REDEVELOPMENT ZONE
City of Livonia (the "Community")
Wayne County, Michigan
Pursuant to and in accordance with the provisions of Act 381 of the
Public Acts of the State of Michigan 1996, as amended (the `Act')
CR 504-02 WHEREAS, Wayne County has established the Wayne
County Brownfield Redevelopment Authority (the "Authority"),
WHEREAS, the Authority will only implement projects in communities that
approve of a specific Brownfield Plan,
WHEREAS, the Authority can only prepare and implement Brownfield
Plans in Wayne County communities that approve the designation of its
borders or any part thereof as a Brownfield Redevelopment Zone,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia approves the inclusion of the property described below as part
of the Wayne County Brownfield Redevelopment Zone
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Regular Meeting of September 25, 2002
A parcel of land located in the Southeast 1/4 of
Section 9, T 15 , R.9E , City of Livonia, Wayne
County, Michigan, being more fully described as
follows
South 360 feet of East 360 feet of the Southeast 1/4
of Section 9, Town 1 South, Range 9 East, except the
South 185 feet of East 185 feet thereof, also except
the East 60 feet deeded for Farmington Road and the
South 60 feet deeded for Six Mile Road (more
commonly known as 33400 Six Mile Road - Tax Item
No 46 036 99 0004 001)
FURTHER, the Livonia City Council's approval of inclusion of the above-
described property (the "Site") as a Brownfield Redevelopment Zone of
the Authority is expressly conditioned on the agreement of the Authority
and Wayne County that no tax increment revenues, as that term is used in
the Act, will be captured pursuant to the Act from the Site or any other
property or properties in the City of Livonia without a resolution of the City
Council specifically approving such capture of tax increment revenues,
FURTHER, the City Council of the City of Livonia hereby determines that
the above-described property is functionally obsolete,
FURTHER, the City Council of the City of Livonia hereby approves the
Brownfield Plan for CF Livonia LLC, dated August 21, 2002 with respect to
33400 West Six Mile Road
CR 505-02 RESOLVED, that having considered a communication from
the City Treasurer, dated August 23, 2002, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
requesting that the City enter into an agreement with Official Payments
Corporation, Three Landmark Square, Stamford, Connecticut 06901-2501,
to allow taxpayers to pay their property taxes via telephone or the internet
using credit cards for a fee of 2 5-3 5% of the transaction amount, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute a contract with Official Payments
Corporation in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of this
resolution
CR 506-02 RESOLVED, that having considered a communication from
the City Treasurer, dated August 23, 2002, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, with
regard to the proposed cancellation of delinquent personal property taxes
for tax years 1989 through 1995, the Council does hereby authorize the
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Regular Meeting of September 25, 2002
City Treasurer to petition the Circuit Court for the County of Wayne to
cancel the attached 1989 through 1995 personal property taxes in
accordance with provisions of State statute, and the Department of Law is
hereby requested to institute the aforesaid litigation in the manner and
form herein authorized
CR 507-02 RESOLVED, that having considered a communication from
the Human Resources Director, dated August 19, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting a resolution adopted by the Civil Service Commission
at its regular meeting of August 15, 2002, recommending salary and fringe
benefit adjustments for the classification of Deputy Police Chief and Police
Captain for the period December 1, 2000 through November 30, 2003, the
Council does hereby concur in the recommendation of the Civil Service
Commission and the salary and benefit adjustments for the classifications
of Deputy Police Chief and Police Captain are hereby approved for the
period December 1, 2000 through November 30, 2003 as set forth in the
letter dated August 2, 2002 from Mayor Kirksey which is attached to the
aforesaid communication
CR 508-02 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated August 19,
2002, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, transmitting a resolution adopted
by the Civil Service Commission at its meeting of August 15, 2002, the
Council does hereby concur in the recommendation of the Civil Service
Commission and does hereby designate Harley V Stock, PhD , A.B P P ,
10097 Clearly Blvd , Suite 300, Plantation, Florida 33324, as City
Psychologist for providing pre-employment psychological evaluations,
psychological fitness for duty evaluations, psychological return to work
evaluations and forensic training and consultation services for the City of
Livonia at an estimated annual cost not to exceed $20,000 00, FURTHER,
the Council does hereby authorize such action without competitive bidding
for the reasons indicated in the aforesaid communication, and such action
is taken in accordance with the provisions set forth in Section 3 04 140D2
and 4 of the Livonia Code of Ordinances, as amended
A communication from the Human Resources Director, dated August 22,
2002, re Livonia Employees Retirement System 49th Annual Actuarial Valuation Report
of Defined Benefit Plan as of November 30, 2001, was received and placed on file for
the information of the Council
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Regular Meeting of September 25, 2002
A communication from the Human Resources Director, dated August 22,
2002, re Livonia Retiree Health and Disability Benefits Plan 4th Annual Actuarial
Valuation as of November 30, 2001, was received and placed on file for the information
of the Council
CR 509-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 4, 2002, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of G & M Enterprises, Ltd ,
19614 W Eight Mile Road, Southfield, Michigan 48075, (the low overall
bidder) for completing all street sweeping required for the City's 2002 Leaf
Pickup Program for the estimated total cost of $42,865 00, and the unit
price bid of Inland Waters Pollution Control, 2021 S Schaefer Highway,
Detroit, Michigan 48217, for completing supplemental routine street
sweeping required for the City's 2002 Leaf Pickup Program for the
estimated total cost of $53,592 00, FURTHER, in the event the lowest
bidders are unable to furnish the services, the Council does hereby accept
the unit price bid of Inland Waters Pollution Control, 2021 S Schaefer
Highway, Detroit, Michigan 48217 as an alternate for completing all street
sweeping required for the City's 2002 Leaf Pickup Program for the
estimated total cost of $56,215 00, and the Council does hereby accept
the unit price bid of G & M Enterprises, Ltd , 19614 W Eight Mile Road,
Southfield, Michigan 48075 as an alternate for completing supplemental
street sweeping required for the City's 2002 Leaf Pickup Program for the
estimated total cost of $65,548 00, the final cost being based upon the
Public Service Division'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 costs and unit prices having
been in fact the lowest bids received for this item, FURTHER, the Council
does hereby authorize the expenditure of the foregoing amounts from
funds already budgeted in Account No 205-527-886-015 (Municipal
Refuse Fund) for this purpose
CR 510-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated August 30, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve an amendment to the existing contract
authorized in Council Resolution 169-02, with Metropolitan Tree Inc., 6344
St. Mary, Detroit, Michigan 48228, for completing the additional cutting
and stumping of 168 dying and/or diseased trees (in connection with the
City's 2002 Tree and Stump Removal Program) for a total price not to
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Regular Meeting of September 25, 2002
exceed $68,000 00, the same based upon the lowest unit price bid
previously received and meets specifications, FURTHER, the Council
does hereby authorize an expenditure in the amount of $68,000 00 from
funds already budgeted in Account No 205-527-818-045 (Municipal
Refuse Fund) for this purpose, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to execute
a contract amendment for and on behalf of the City of Livonia with the
aforesaid company and to do all other things necessary or incidental to the
full performance of this resolution
CR 511-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated August 30, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve an amendment to the existing contract
authorized in Council Resolution 86-02, with Branch Tree Service, Inc ,
24195 Mound Road, Warren, Michigan 48091, for completing the
additional cutting and stumping of 131 dying or diseased trees (in
connection with the City's 2002 Tree and Stump Removal Program) for a
total price not to exceed $53,000 00, the same based upon the lowest unit
price bid previously received and meets specifications, FURTHER, the
Council does hereby authorize an expenditure in the amount of
$53,000 00 from funds already budgeted in Account No 205-527-818-045
(Municipal Refuse Fund) for this purpose, and the Director of Public Works
is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract amendment for and on behalf of the City of Livonia
with the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution
CR 512-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 21, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price quote of Bidigare Contractors, P 0 Box
700464, Plymouth, Michigan 48170, for completing all work required in
connection with the installation of a small storm sewer, a shallow road
swale and some drive culverts to correct a flooding problem at 37910
Plymouth Road for an estimated total amount of $21,385 80, based on the
Engineering Division'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, FURTHER, the Council does hereby
appropriate and authorize an expenditure of a sum not to exceed
$21,385 80 from the unexpended fund balance of the Drainage Projects
Construction Fund (465) for this purpose, FURTHER, the Council does
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Regular Meeting of September 25, 2002
hereby authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3 04 140D 4 of the Livonia Code of Ordinances,
as amended, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized for and on behalf of the City of Livonia to
execute a contract with the aforesaid company and to do all other things
necessary or incidental to the full performance of this resolution
CR 513-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 29, 2002, which transmits its
resolution 8-103-2002 adopted on August 20, 2002, in connection with
Petition 1998-12-PL-01, submitted by Merriman Forest LLC, on behalf of
Merriman Forest Subdivision, requesting approval to revise the entrance
marker previously approved by the City Council on April 19, 2000 (Council
Resolution No 294-00) for the subdivision located on the east side of
Merriman Road between Seven Mile Road and Mayville Drive in the
Northwest 1/4 of Section 11, the Council does hereby concur in the
recommendation of the Planning Commission, and the revised entrance
marker in connection with Petition 1998-12-PL-01 is hereby approved and
granted, subject to the following conditions
1 That the Entrance Marker Plan date-stamped Received by the City
of Livonia Planning Commission on 7/22/02 as submitted by Victory
Building Company, Inc., is hereby approved and shall be adhered
to,
2 That all repairs and maintenance to the sign shall be the
responsibility of the Developer and/or Subdivision Association,
3 The Developer and Subdivision Association shall hold the City of
Livonia harmless for any damage to the sign that may occur as a
result of work needed within the 15 ft. private easement for public
utilities and sanitary sewer, and that such agreement shall be
documented to the satisfaction of the City Law Department; and
4 That the landscaping berm directly south of this sign shall be
repaired to the satisfaction of the Inspection Department.
CR 514-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 26, 2002, which transmits its
resolution 08-104-2002, adopted on August 20, 2002, in connection with
Petition 2002-02-02-04, submitted by Brivar Construction Company, on
behalf of Chinese Gospel Church, requesting landscape plan approval in
connection with an addition previously approved by the City Council on
April 24, 2002 (Council Resolution No 224-02) onto the church located on
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Regular Meeting of September 25, 2002
the South side of Five Mile Road between Gary Lane and Yale Avenue
(35301 Five Mile) in the Northwest 1/4 of Section 21, the Council does
hereby concur in the recommendation made by the City Planning
Commission and the Landscaping Plan in connection with Petition 2002-
02-02-04 is hereby approved and granted, subject to the following
conditions
1 That the Landscape Plan dated 7/17/02, as revised, prepared by
Albert T Y Wu, AIA, Architect, is hereby approved and shall be
adhered to,
2 That additional evergreen and deciduous trees shall be planted
along the east and north sides of the storm water detention pond to
replace the existing trees that are being removed All new trees
shall be of similar species and size to the plantings shown in the
southeast corner of the property;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
L.
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That all light poles shall include full cutoff, shoe-box style fixtures
limited to a height of 20 feet measured from the finish grade and
including the concrete footing, and shall include shields along the
perimeter of the parking lot;
6 The owner and their successors shall maintain the storm water
detention system, which are part of the development, including
removal of debris, removal of silt on a maximum six (6) month
interval, and replacement of any dead, dying or diseased
vegetation The owner shall be responsible for reimbursing the City
of Livonia for any maintenance costs due to failure on the part of
the owner to maintain the storm water detention facilities, and
7 That the specific plans referenced in this approving resolution
showing the required changes shall be submitted to the Inspection
Department at the time the building permits are applied for
CR 515-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2002, which transmits its
resolution 08-100-2002, adopted on August 20, 2002, with regard to
Petition 2002-07-02-12, submitted by Michael Bielfeldt, on behalf of State
33735
Regular Meeting of September 25, 2002
Farm Insurance Company, requesting waiver use approval to construct an
addition onto an existing office building located on the west side of
Middlebelt Road between Schoolcraft Road and Bentley Avenue in the
Southeast 1/4 of Section 23, which property is zoned OS, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2002-07-02-12 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet C1 1 prepared by TMP
Associates, Inc., as revised on August 29, 2002 and as received by
the Planning Commission on September 4, 2002, is hereby
approved and shall be adhered to except as modified below;
2 That the Landscape Plan marked Sheet L-1 prepared by TMP
Associates, Inc , dated September 4, 2002, is hereby approved and
shall be adhered to,
3 That the landscaping shown on the above-referenced Landscape
Plan shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a healthy
condition,
4 That all sodded and landscaped areas shall be fully irrigated,
5 That the Building Elevations Plan marked Sheet A101 prepared by
TMP Associates, Inc , dated September 4, 2002, is hereby
approved and shall be adhered to,
6 That the brick used in the construction of the building shall be full
face 4-inch brick, no exceptions,
7 That the dumpster enclosure shall be constructed with seven (7)
foot high masonry walls faced with brick to match the building and
with steel gates in accordance with the detail shown on the Site
Details Plan marked Sheet Cl 3 prepared by TMP Associates, Inc.,
dated September 4, 2002,
8 That all pole-mounted light fixtures as depicted in the detail on the
above-referenced Site Plan shall be shielded and shall not exceed
a maximum overall height of twenty (20) feet above grade,
9That the parking spaces for the entire site shall be double striped,
10 That stop signs be placed at each exit of the complex in
accordance with the recommendation of the Traffic Bureau,
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Regular Meeting of September 25, 2002
Lii That this approval shall incorporate the following comments listed in
the correspondence dated June 3, 2002, from the Fire and Rescue
Division
a If subject buildings are to be provided with an automatic
sprinkler system, a hydrant shall be located between 50 feet
and 100 feet from the Fire Department connection,
b Fire hydrants shall be provided with spacing consistent with
commercial use group (equal to or less than 300 feet),
c. Access around building shall be provided for emergency
vehicles with turning radius up to forty-five feet wall to wall and a
minimum vertical clearance of 13-1/2 feet;
12 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for;
13 That there shall be no trash pickup earlier than 7 00 a m ,
14 That the westerly most row of parking spaces located behind the
proposed building addition totaling 18 shall be removed and
replaced with landscaping, these spaces shall be landbanked and if
needed in the future due to a shortage of parking, shall be
reconsidered by the Planning Commission and City Council prior to
being constructed, and
15 The dumpster enclosure shall be moved approximately 180 feet to
the south from its location shown on the plan and positioned as far
east as possible in order to increase the separation from the
adjoining residential district.
CR 516-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2002, which transmits its
resolution 08-105-2002, adopted on August 20, 2002, with regard to
Petition 2002-08-08-17, submitted by Tania Salem, on behalf of Burger
King, requesting site plan approval in connection with a proposal to
construct an addition to the restaurant located at 28203 Plymouth Road in
the Northeast 1/4 of Section 36, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2002-08-08-17 is hereby approved and granted, subject to the
following conditions
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Regular Meeting of September 25, 2002
Li That the Proposed Site Plan marked Sheet C-1 dated 7/15/02,
prepared by Technical Group, Inc., is hereby approved and shall be
adhered to,
2 That the Exterior Elevation Plan marked Sheet A-2 dated 7/15/02,
prepared by Technical Group, Inc., is hereby approved and shall be
adhered to, except as modified below;
3 That the Floor Plan marked Sheet A-1 dated 7/15/02, prepared by
Technical Group, Inc., is hereby approved and shall be adhered to,
4 That a detailed landscape plan that adds landscaping to the front
and rear of the properties and addresses the signage issues shall
come back to the Planning Commission and City Council for review
within 60 days following the action of the City Council on the site
plan,
5 That no additional customer seats are approved with this petition,
6 That the brick used in the construction of the building shall be full
face, 4-inch brick, no exceptions,
7 That the trash enclosure shall be enlarged as shown on the
Proposed Site Plan with seven (7) foot high walls and gates which
shall be maintained and when not in use closed at all times,
8 That all exterior lighting equipment shall be shielded from view from
the adjacent residents, and any new pole mounted lighting shall not
exceed a height of twenty (20) feet;
9 That all mechanical rooftop mounted equipment shall be totally
screened from view;
10 That all parking spaces provided in connection with this restaurant
shall have dimensions of 10' x 20' and shall be double striped,
11 That no exposed neon tubing shall be permitted anywhere on the
exterior of the building;
12 That all new landscaped areas shall be irrigated,
13 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permit is applied for;
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Regular Meeting of September 25, 2002
14
15 That a 2" x 8" wood band, painted red, be added to the exterior of
the building in accordance with Burger King's specification, and
That the entire parking lot be repaired or resurfaced to the
satisfaction of the Inspection Department.
A communication from Community Resources, dated September 11,
2002, - Administrative Response — re Cable Commission's approval of transfer of
Cable Television Franchise from TWE-A/N to TWEAN Subsidiary, LLC, was received
and placed on file for the information of the Council (CR 458-02)
A communication from Robert McCann, Vice President/General Manager
of Time Warner Cable, dated September 11, 2002, re assurances that the
restructuring agreement between AOL Time Warner, Inc. and AT&T will have no impact
on the cable system, its operations, management or the pending transaction with
Advance/Newhouse, was received and placed on file for the information of the Council
(CR 458-02)
A communication from Robert McCann, Vice President/General Manager
of Time Warner Cable, dated September 16, 2002, re agreement to proper calculation
of franchise fees identified by Plante & Moran audit that were not contested by Time
Warner, and their inability to provide to the City a general ledger for the Livonia system
only, was received and placed on file for the information of the Council (CR 458-02)
CR 517-02 RESOLVED, that having considered the communication
from the Department of Law, dated September 4, 2002, approved for
submission by the Mayor, the Council does hereby accept Time Warner's
offer of $25,000 00 (in addition to $10,102 00 previously paid) as a global
settlement of the City's costs (legal and auditing fees) and the disputed
franchise fees, FURTHER, the Council does hereby approve of the
transfer from Time Warner Entertainment - Advance/Newhouse
Partnership (TWE-A/N) to TWEAN, Subsidiary, LLC , and the Department
of Law is hereby requested to prepare and place in proper form the
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Regular Meeting of September 25, 2002
necessary documentation, including an appropriate ordinance
amendment, in connection with such transfer
CR 518-02 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from TRW Automotive Inc.,
dated September 16, 2002, covering new industrial facilities to be located
within City of Livonia Industrial Development District 59,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, October 28, 2002, at 7 00 p m at
3 the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
The Council hereby sets Monday, October 28, 2002, at TOO p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
as the date, time and place for conducting a hearing on said
application
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
A communication from Christopher Martin, 11037 Hubbard, 48150, dated
September 18, 2002, re his opposition to a waiver petition submitted by Flower King to
expand the previously approved outdoor sales and display area for a variety of
merchandise, was received and placed on file for the information of the Council
(Petition 2002-07-02-11)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
33740
it was
CR 519-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 26, 2002, which transmits its
resolution 08-99-2002, adopted on August 20, 2002, with regard to
Petition 2002-07-02-11, submitted by Ralph Horowitz, on behalf of Flower
King, requesting waiver use approval to expand the previously approved
outdoor sales and display area for merchandise such as lawn decorations,
garden materials and accessories on property located on the Southeast
corner of Plymouth and Wayne Roads in the Northwest 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
2002-07-02-11 is hereby approved and granted, subject to the following
conditions
1 That the outdoor display shall be confined to the areas as illustrated
on the site plan received by the Planning Commission on July 17,
2002,
2 That the merchandise to be displayed in the designated outdoor
sales and display area north of the building in the easterly portion of
the front parking lot shall be limited to flowers, vegetables and other
3 plants only;
That the merchandise to be displayed in the designated outdoor
areas adjacent to the Plymouth Road and Wayne Road rights-of-
way shall be limited to plant material and home and yard
decorations (such as wooden lighthouses, windmills, birdhouses,
wishing wells and clay flower pots and other clay pottery items),
4 That the time period within which the outdoor display will take place
shall be limited to April 1 through October 31, inclusively;
5 That the parking areas shall be repaired, resealed and double
striped as detailed in the letter dated August 5, 2002 from the
Inspection Department;
6 That all merchandise and landscape material on display shall be
done in such a manner so as to not interfere with the sight lines
along Plymouth and Wayne Roads, and
7 That plant and landscape materials shall be added in the landscape
area adjacent to the Wayne Road right-of-way and west of the
parking area lying south of the building, subject to the approval of
the Planning and Inspection Departments
33741
A communication from Christopher Martin, 11037 Hubbard, 48150, dated
September 25, 2002, re his opposition to a waiver petition submitted by Flower King to
expand the previously approved outdoor sales and display area for a variety of
merchandise, and asks that this item be sent to a Committee for further discussion, was
received and placed on file for the information of the Council. (Petition 2002-07-02-11)
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 4 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 2002-04-01-05)
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
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-06-01-08)
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
A communication from six residents whose properties surround the
proposed Ardmore Development site located on the east side of Farmington Road
33742
between Seven Mile Road and Fargo Avenue, dated September 12, 2002, re. their
opposition to the petition submitted by Ardmore Development for rezoning this property
from OS to RC and R-3A, was received and placed on file for the information of the
Council (Petition 2002-06-01-08)
A communication from the Law Department, dated September 24, 2002,
re its opinion that a protest petition signed by Woodlore Condominium residents is not
a valid protest, was received and placed on file for the information of the Council.
(Petition 2002-06-01-08)
A fax communication from Steven Schafer, Ardmore Development, LLC,
dated September 23, 2002, re an attached notice distributed at the Woodlore
Condominiums board meeting relative to residents signing a protest petition to the
rezoning of the Ardmore property, was received and placed on file for the information of
the Council (Petition 2002-06-01-08)
Ray Tent, 18051 Deering, Livonia, 48152, inquired if the Mayor could use
a line-item veto to delete the condominium portion from the site plan City Attorney
Kavanagh stated that either the whole resolution was vetoed or accepted, a portion of it
could not be vetoed
Patricia Holmes, 11015 Merriman Road, 48150, asked for clarification of a
Law Department letter dated September 24, 2002 City Attorney Kavanagh explained
that a valid protest could only be in effect if a resolution stating this protest was passed
by the Board of Directors or the Condominium Association, not individual residents.
A communication from the Engineering Division, dated September 24,
2002, re no objection to the request of Samuel Root, CMS, Inc., to waive sidewalk
requirement at 30453 Pickford, was received and placed on file for the information of
the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
33743
adopted, it was
CR 520-02 RESOLVED, that having considered a letter from Samuel
Root, President of CMS, Inc., 24110 Meadowbrook, Suite 101, Novi,
Michigan 48375, dated September 5, 2002, requesting elimination of the
sidewalk requirement in front of 30453 Pickford, due to the fact that none
of the existing homes on the south side of Pickford have sidewalks, the
Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing on the south side of Pickford
On a motion by Laura, seconded by Taylor, it was,
RESOLVED, that having considered a communication from
the Human Resources Director, dated August 19, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting a resolution adopted by the Civil Service Commission
at its regular meeting of August 15, 2002, recommending continuing
compensation for City employees when involuntarily extended on active
military duty beyond one (1) year, the Council does hereby concur in the
recommendation of the Civil Service Commission and does hereby
approve the continuing compensation of specific salary supplements and
benefits as follows
Continued when involuntarily extended on active duty beyond one (1)
year Base salary supplement for up to one (1) additional year,
Retirement contribution (City and Employee), and accrual of Sick Leave
during military leave of absence
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura
NAYS Vandersloot, Dolan, Taylor, Brosnan, Knapp and Engebretson
The President declared the resolution failed
Council President Engebretson passed the gavel to Vice-President Knapp at 8 45 p
On a motion by Engebretson, seconded by Taylor, it was.
CR 521-02 RESOLVED, that having considered a communication from
the Human Resources Director, dated August 19, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting a resolution adopted by the Civil Service Commission
33744
at its regular meeting of August 15, 2002, recommending continuing
compensation for City employees when involuntarily extended on active
military duty beyond one (1) year, the Council does hereby concur in the
recommendation of the Civil Service Commission and does hereby
approve the continuing compensation of specific salary supplements and
benefits as follows
Continued when involuntarily extended on active duty beyond one (1)
year Base salary supplement for up to one (1) additional year,
Retirement contribution (City and Employee), and accrual of Sick Leave
during military leave of absence,
Discontinued when involuntarily extended on active duty beyond one (1)
year Hospitalization/medical insurance (Spouse and dependent COBRA
coverage may be continued based upon individual premium payment for
remaining 24 months), Optical and Dental for spouse and dependent
children up to age 19, Special payments including Merit Compensation,
Paramedic or EMT bonus, Education premium for Associate and/or
Bachelor Degrees, Holiday Pay; Food Allowance, Gun Allowance,
Clothing and/or Cleaning Allowance, Act 604 Overtime, Weekly Disability
Income benefits, Group Life Insurance and Accidental Death and
Dismemberment Insurance benefits, Longevity Pay (prorated in year
activating and/or returning from military service), Personal Business
Leave, Accrual of Vacation Leave During Absence, Bonus Sick Leave and
Vacation Leave (prorated in year activating and/or returning from military
service)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan, Taylor, Brosnan, Engebretson and Knapp
NAYS Laura
The Vice-President declared the resolution duly adopted
Vice-President Knapp passed the gavel back to President Engebretson at 8 55 p m
On a motion by Brosnan, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated August 29, 2002, which transmits its
resolution 8-107-2002, adopted on August 20, 2002, with regard to
Petition 2002-04-02-08, submitted by Rogvoy Architects, requesting
waiver use approval to construct a Walgreens Pharmacy with drive-
through service facilities on property located on the Northeast corner of
Plymouth and Middlebelt Roads in the Southwest 1/4 of Section 25, which
33745
Regular Meeting of September 25, 2002
property is zoned C-2, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor and Brosnan
NAYS Vandersloot, Dolan, Laura, Knapp and Engebretson
The President declared the resolution failed
A communication from the Planning Department, dated September 20,
2002, - Administrative Response - re amount of parking spaces available for the Office
Depot Shopping Center with the addition of a Walgreens drugstore there, and an
updated map showing location of all known pharmacies in the City, was received and
placed on file for the information of the Council (Petition2002-04-02-08)
A fax communication from Larry Campbell, Century 21 Campbell Realty,
Inc., dated September 23, 2002, re history of Walgreens and their marketing strategy,
was received and placed on file for the information of the Council (Petition 2002-04-02-
08)
Mark Drane, representative of Rogvoy Architects, was present at the
meeting to answer questions of the Council (Petition 2002-04-02-08)
Larry Campbell, Century 21 Campbell Realty, assured the Council that
Walgreens would build their proposed store at Plymouth and Farmington Roads He
also stated that he would like to see a vote taken tonight on this matter, and not have it
be put into a committee (Petition 2002-04-02-08)
Alan Monty, representative of R & D Management, 810 Seventh Avenue,
New York, New York, the current property owner, spoke in favor of the waiver use
approval petition to build a Walgreens pharmacy at Plymouth and Middlebelt Roads
(Petition 2002-04-02-08)
Stan Anderson, 28428 Elmira, spoke in support of the proposed
Walgreens pharmacy to be located at Plymouth and Middlebelt Roads (Petition 2002-
04-02-08)
33746
Regular Meeting of September 25, 2002
Ray Tent, 18051 Deering, spoke in support sending the proposed
Walgreens pharmacy petition to the Committee of the Whole (Petition 2002-04-02-08)
Lowell Peterson, 9420 Lathers, spoke in support of the proposed
Walgreens pharmacy to be located at Plymouth and Middlebelt Roads (Petition 2002-
04-02-08)
On a motion by Laura, seconded by Vandersloot, it was
CR 522-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 29, 2002, which transmits its
resolution 8-107-2002, adopted on August 20, 2002, with regard to
Petition 2002-04-02-08, submitted by Rogvoy Architects, requesting
waiver use approval to construct a Walgreens Pharmacy with drive-
through service facilities on property located on the Northeast corner of
Plymouth and Middlebelt Roads in the Southwest 1/4 of Section 25, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2002-04-02-08 is hereby approved and granted, subject to the following
conditions
1 That the Overall Site Plan marked Sheet SPA-1 prepared by
Rogvoy Architects, dated August 13, 2002, is hereby approved and
shall be adhered to,
2 That the Site Plan (Walgreens site) marked Sheet SPA-2 prepared
by Rogvoy Architects, dated August 13, 2002, is hereby approved
and shall be adhered to,
3 That the Landscape Plan (Walgreens site) marked Sheet SPA-4
prepared by Rogvoy Architects, dated August 8, 2002, is hereby
approved and shall be adhered to,
4 That the Landscape Plan (Shopping Center site) marked SPA-4 1
prepared by SSOE, Inc , dated August 9, 2002, is hereby approved
and shall be adhered to,
5 That all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
6 That all sodded and landscape areas shall be fully irrigated by
underground sprinkler systems, including the shopping center site,
33747
Regular Meeting of September 25, 2002
7 That the Building Elevations Plan marked sheet SPA-5 prepared by
Rogvoy Architects, dated May 2, 2002, is hereby approved and
shall be adhered to,
8 That the brick used in the construction of the building shall be full
face 4-inch brick, no exceptions,
9 That all rooftop mounted mechanical equipment shall be screened
from view;
10 That the trash compactor enclosures shall be seven (7) feet in
height and shall be constructed of brick as shown on the Building
Elevations Plan (SPA-5) referenced above and shall have full steel
gates,
11 That all dumpsters on the shopping center site shall be screened by
means of masonry enclosures a minimum of seven (7) feet in
height with full steel gates,
12 That the lighting equipment shall be shielded and shall not exceed
20 feet in height in accordance with the Lighting Plan marked Sheet
SPA-7 prepared by Rogvoy Architects, dated April 23, 2002,
13 That the two (2) "Walgreens" signs portrayed on the Building
Elevations Plan (SPA-5) referenced above are approved with a
total combined sign area not to exceed 130 square feet, subject to
the Zoning Board of Appeals granting a variance for one (1) excess
wall sign and any additional wall signage,
14 That this site shall not be permitted an additional ground sign,
15 That all parking spaces within the total overall site area shall be
double striped,
16 That all handicapped parking spaces shall be individually signed as
required,
17 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for;
18 That the petitioner shall seek variances from the Zoning Board of
Appeals for parking deficiencies with respect to both the Walgreens
site and the shopping center site,
33748
Regular Meeting of September 25, 2002
19 That the bumper blocks adjacent to the PRDA landscaped area
20 shall be removed and the curbing contained in this area,
That the protective wall along the east property line of the shopping
center site shall be capped and painted as specified on the
shopping center landscape plan (SPA 4 1);
21 That the rear exterior wall of the shopping center shall be repainted
to match the building, and
22 That the bumper blocks be moved further from the protective
screen wall to prevent vehicles from hitting and damaging the wall
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan, Laura, Knapp and Engebretson
NAYS Taylor and Brosnan
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 523-02 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 4, 2002, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of $44.20 from the
Plymouth Community United Way, the same to be appropriated and
credited to Account #702-000-285-215 for use in connection with the
Livonia Youth Assistance Program
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was-
CR 524-02 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 6, 2002, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of Farmer Jack Food Certificates in the
total amount of $500 00 from the Kiwanis Early Risers to the Community
Resources Department to be used as indicated in the aforesaid
communication
33749
Regular Meeting of September 25, 2002
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 525-02 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 526-02 WHEREAS, the City Council of the City of Livonia, Michigan
adopted Ordinance No 2574 on August 28, 2002 (the "Ordinance")
approving the issuance of its Water Supply and Wastewater System
Revenue Refunding Bonds, Series 2002 (the "Bonds") for the purpose of
refunding all or a portion of the City's outstanding Water Supply and
Wastewater System Revenue Bonds, Series 1993 maturing in the years
2003 to 2012, inclusive and all or part of the City's outstanding Water
Supply and Wastewater System Revenue Refunding Bonds, Series 1994
(Limited Tax General Obligation) maturing in the years 2003 to 2009,
inclusive, (together the "Prior Bonds"), through issuance by the City of the
Bonds, and
WHEREAS, the City has received an offer to insure the Bonds from
AMBAC Assurance Corporation, and
WHEREAS, the City has received an offer to purchase the Bonds from
Robert W Baird & Co and Fahnestock & Co Inc (together the
"Underwriters")
NOW, THEREFORE, BE IT RESOLVED, THAT
1 The City hereby accepts the offer by the Underwriters to purchase the
Bonds as set forth in the proposed Bond Purchase Agreement (the "Bond
Purchase Agreement") presented to the City by the Underwriters The
form of the Bond Purchase Agreement is hereby approved and the Mayor,
Finance Director and City Clerk of the City are each hereby authorized
and directed to execute and deliver the Bond Purchase Agreement on
behalf of the City
2 The form of the Escrow Agreement between the City and Bank One Trust
Company, National Association, as escrow agent (the "Escrow
Agreement") is hereby approved and the Mayor, Finance Director and City
Clerk of the City are each hereby authorized and directed to execute and
deliver the Escrow Agreement on behalf of the City
3 The City hereby determines that the Bonds shall be issued in the principal
33750
Regular Meeting of September 25, 2002
amount, at the purchase price and interest rates shown on Exhibit A
attached hereto The Bonds shall be issued as serial bonds as shown on
Exhibit A. The Bonds shall be dated as of October 24, 2002 and interest
on the Bonds shall be first payable on May 1, 2003, and semi-annually
thereafter on November 1st and May 1st of each year The Bonds shall not
be subject to redemption prior to maturity
The Bonds shall be issued in book-entry-only form through The Depository
Trust Company in New York, New York ("DTC"), and the Mayor, Finance
Director and City Clerk of the City are each authorized to execute such
custodial or other agreement with DTC as may be necessary to
accomplish the issuance of the Bonds in book-entry-only form and to
make such changes in the form of the Bonds within the parameters of the
Ordinance as may be required to accomplish the foregoing
4 The City hereby determines that all of the Series 1993 Bonds maturing in
the years 2003 to 2012, inclusive and all of the Series 1994 Bonds
maturing in the years 2003 to 2009, inclusive shall be defeased pursuant
to the Escrow Agreement.
5 Proceeds of the Bonds together with necessary funds on hand in the Bond
and Interest Redemption Fund and the Bond Reserve Account for the
Prior Bonds, shall be deposited into funds created by provisions of the
Ordinance in the amounts shown on Exhibit A. In addition, the Mayor,
Finance Director and City Clerk are each hereby authorized to open a
2002 Bonds Issuance Fund and to deposit part of the proceeds of the
Bonds into said Bonds Issuance Fund in the amounts shown on Exhibit A
attached hereto and made part hereof to be used to pay the costs of
issuance relating to the Bonds Said Issuance Fund shall be opened with
the Escrow Agent pursuant to the Escrow Agreement.
The deposits made in the amounts shown in Exhibit A shall be subject to
verification and either the Mayor, Finance Director and City Clerk of the
City may modify the amounts of the deposits shown in Exhibit A in
consultation with bond counsel and the City's financial consultant.
6 The Official Statement relating to the Bonds, dated as of the date of this
resolution, which Official Statement has been presented to this City
Council, is hereby authorized and approved and the Preliminary Official
Statement relating to the Bonds, dated as of September 18, 2002, which
Preliminary Official Statement has been presented to this City Council is
hereby authorized and approved and its distribution is hereby ratified and
confirmed The Mayor and Finance Director are each authorized and
directed to execute and deliver the Preliminary Official Statement and the
Official Statement on behalf of the City with such additions or corrections
as each deems appropriate
33751
Regular Meeting of September 25, 2002
7 In order to enable the Underwriters to comply with the requirements of
Rule 15c2-12 promulgated by the Securities and Exchange Commission,
the City hereby agrees to undertake Continuing Disclosure as issuer of the
Bonds Pursuant to the terms of the Continuing Disclosure Undertaking,
the City will provide (i) certain annual financial information and operating
data, including audited financial statements for the preceding fiscal year,
(ii) timely notice of the occurrence of certain material events with respect
to the Bonds, and (iii) timely notice of a failure by the City to provide the
required annual financial information on or before the date required in the
Continuing Disclosure Undertaking The Mayor, Finance Director and City
Clerk are each authorized to execute such Continuing Disclosure
Undertaking on behalf of the City in such form as he or she shall, in
consultation with bond counsel, determine to be appropriate
8 The actions taken by either the Mayor, Finance Director or City Clerk of
the City in signing the commitment of AMBAC Assurance Corporation to
issue a municipal bond insurance policy for the Bonds is hereby ratified
and confirmed and the provisions of such commitment are incorporated
herein
9 Pursuant to the Ordinance, the Bonds shall be executed in the name of
the City with the facsimile signatures of the Mayor and the City Clerk and
shall have the facsimile of the City's seal printed on them The Bonds
shall also be executed with the facsimile signature of the City Treasurer
10 The Bonds are hereby designated as "qualified tax exempt obligations" for
purposes of deduction of interest expense by financial institutions
pursuant to the Internal Revenue Code of 1986, as amended
11 All of the officers, administrators, agents and attorneys of the City are
authorized and directed to execute and deliver all other agreements,
documents and certificates and to take all other actions necessary to
complete the issuance and delivery of the Bonds in accordance with the
ordinance authorizing the issuance of the Bonds and this resolution
authorizing the sale of the Bonds and to pay costs of issuance including
purchase of bond insurance, bond counsel fees and expenses, financial
consultant fees and expenses, rating agency fees, transfer agent fees,
escrow agent fees, verification agent fees, and costs of printing the
preliminary and final official statements, and any other costs necessary to
accomplish the sale and delivery of the Bonds
12 The City hereby covenants that it will take no action which will have the
effect of impairing the security for the Bonds
13 This resolution authorizing the sale of the Bonds shall be effective
immediately upon adoption All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and the same
33752
Regular Meeting of September 25, 2002
hereby are rescinded
EXHIBIT A
Principal Amount: $9,300,000
Purchase Price $9,329,011 95 representing principal amount of $9,300,000
plus net original issue premium of $94,111 95
less Underwriter's discount of$65,100 00
Maturity Schedule, Interest Rates, and Issue Price(s).
Maturity Principal Interest
November 1 Amount Rate (%) Yield (%)
2003 $905,000 2 00% 1 50%
2004 935,000 2 00 1 63
2005 885,000 2 00 1 89
2006 910,000 2.50 219
2007 940,000 2 75 2 50
2008 970,000 3 00 2 80
2009 1,005,000 4 00 3 00
2010 905,000 315 3.21
2011 915,000 3.25 3 33
2012 930,000 3 35 3 43
Redemption Provisions.
Bonds of this issue shall not be subject to optional redemption prior to maturity
Use of Proceeds and Funds
The proceeds of the Bonds ($9,329,011 95), together with the $317,983 68 listed below,
shall be used as follows
a The following amount shall be deposited into the Escrow
Fund created under the Escrow Agreement: $9,537,437 50
b The following amount shall be deposited into the 2002
Bonds Issuance Fund $82,968 99
c. The following amount shall be used to pay the insurance
33753
Regular Meeting of September 25, 2002
premium for the policy securing payment of the Bonds $26,589 14
The amount of monies to be transferred from the Bond and
Interest Redemption Fund and the Bond Reserve Account to the
Escrow Fund (in addition to the proceeds of the Bonds) $317,938 68
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was.
CR 527-02 RESOLVED, that having considered a communication from
the Director of Public Works and the Superintendent of Parks and
Recreation, dated September 20, 2002, which bears the signature of the
Director of Finance, is approved by the City Attorney, and is approved for
submission by the Mayor Pro Tem, the Council does hereby approve the
proposal from Nordstrom Samson and Associates, Summit Pointe, 39500
High Pointe Blvd , Suite 200, Novi, Michigan 48375, for architectural and
engineering services for an ancillary equipment storage building on the
site of the Community Recreation Center for an amount not to exceed
$24,000 00
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
this 1,473rd Regular Meeting of the Council of the City of Livonia was adjourned at
9 45 p , September 25, 2002
72,e,
doan McCotter, City Clerk