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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-01-17 29228 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWELFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 17, 1996, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Taylor delivered the invocation Roll was called with the following result. Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and Joe Laura Absent: None Elected and appointed officials present. Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan McCotter, City Clerk, Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; John Fegan, Director of Inspection, Ronald Reinke, Superintendent of Parks and Recreation, Laura M Toy, City Treasurer; Elizabeth Todd, Deputy City Treasurer; Ronald J Engle, Fire Chief; Michael Deller, City Librarian, Kathleen McCann, 16th District Court Judge, Linda McCann, newly appointed Director of Community Resources, William C Fried, Municipal Building Authority of Livonia, Sue Daniel, Historical Commission, and Al Flores, Zoning Board of Appeals On a motion by Brosnan, seconded by Feenstra, and unanimously* adopted, it was #1-96 RESOLVED, that the minutes of the 1,311th Regular Meeting of the Council of the City of Livonia, held December 20, 1995, are hereby approved as submitted 29229 *Councilmembers Duggan, Vandersloot, and Laura abstained from voting, which are recorded as "yes" votes under the provisions of Section 2 04 190B of the Livonia Code of Ordinances During the audience communication portion of the meeting, Jeremiah Riordan, 34934 Parkdale, Livonia, addressed a problem he has been having with his garbage cans and lids, to which he was told the Director of Inspection would look into his problem Councilmember Duggan announced his children are proud to be watching him for the second time, that he loved them, but they should be in bed Councilmember McGee commended the professionalism the Livonia Police Department displayed during Newt Gingrich's recent appearance at Burton Manor Mayor Kirksey addressed a communication which indicated his administrative appointments for the upcoming year He also spoke to a meeting that was held recently with the Councilmembers, the Superintendent of Schools, the President of the Chamber of Commerce, LEDO, and others to help a corporate entity relocate and find more space in Livonia The Mayor also concurred with Councilmember McGee in giving accolades to the Police Department during Newt Gingrich's recent visit to Livonia, and commended the Burton Manor as having been an excellent host. On a motion by Feenstra, seconded by Brosnan, it was #2-96 RESOLVED, that having considered a request from Kevin Y Martin, 30889 Mayville, dated December 1, 1995, for street lighting installation at the intersections of Mayville and Merriman and Bobrich and Merriman, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation 29230 #3-96 RESOLVED, that having considered a request from Kevin Y Martin, 30889 Mayville, dated December 1, 1995, for street lighting installation at the intersections of Mayville and Merriman and Bobrich and Merriman, the Council does hereby refer this item to the Engineering Department for its report and recommendation #4-96 RESOLVED, that having considered a letter from Mary Mengel, 18090 Fairway, Livonia, Michigan 48152, received by the Office of the City Clerk on December 27, 1995, which, in behalf of St. Genevieve Church, requests permission to place four 30" x 48" sandwich signs advertising a BingoNegas Festival to be conducted on February 16 and 17, 1996, said signs to be installed on February 9, 1996, at the following intersections Five Mile and Garden Middlebelt and Jamison Inkster and Lyndon Lyndon and Harrison and all signs to be removed by midnight on February 17, 1996, the Council does hereby approve of and concur in this request in the manner and form herein requested Communications from the City Clerk, dated December 21, 1995, forwarding a communication from the Secretary of the Livonia Public Schools Board of Education re 1996 tax collection for Livonia Public Schools, as well as from the City Treasurer, dated January 15, 1996, regarding the same subject matter, were received and placed on file for the information of the Council #5-96 RESOLVED, that having considered a communication from the City Clerk, dated December 27, 1995, to which is attached a communication from the Oakland Schools, dated December 20, 1995, as well as a communication from the City Treasurer, dated January 15, 1996, the Council does hereby approve the request from the Board of Education of Oakland Schools to collect 100% of the eligible property tax for general education, special education and vocational education for the fiscal year beginning July 1, 1996, in the same manner and at the time that school district or community college taxes are being collected by the City; and the City Treasurer is hereby authorized to do all things necessary or incidental to the full performance of this resolution #6-96 RESOLVED, that having considered a communication from the City Clerk, dated December 27, 1995, to which is attached a communication from the Wayne County Regional Educational Service 29231 Agency (RESA), dated December 21, 1995, as well as a communication from the City Treasurer, dated January 15, 1996, the Council does hereby approve the request to collect one-half of the RESA intermediate school property taxes as part of the City's summer collection process for the tax year 1996, and the City Treasurer is hereby authorized to do all things necessary or incidental to the full performance of this resolution #7-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 30, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and having also considered a letter from Allie Brothers, Inc., dated November 30, 1995, the Council does hereby authorize the purchase of uniforms for the Fire Department from Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for the same unit bid prices accepted in Council Resolution 910-92, adopted on November 9, 1992, for an additional one-year period, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #8-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 18, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and having also considered a letter from Douglass Safety Systems, dated December 7, 1995, the Council does hereby authorize the purchase of twelve (12) self-contained breathing apparatus (SCBA) for the Fire Department from Douglass Safety Systems, 3649 Swinson Road, Rhodes, Michigan 48652, for the same bid price accepted in Council Resolution 274-95, adopted on May 3, 1995, in the amount of $18,605 64, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the sale of the old SCBA equipment by the Fire Department as such equipment is replaced #9-96 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 22, 1995, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached an amended User-Side Subsidy/Specialized Transportation Services Agreement to Provide Specialized Transportation Service for Non-Transferable Handicapped Persons in Northwest Wayne County, Farmington and Farmington Hills, between the City of Livonia and Northwest Transport Co , 31376 Industrial Road, Livonia, Michigan 48150, for the period October 1, 1995 through September 30, 1996, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement, as amended, as well as to execute an agreement with SMART for support of this 29232 Specialized Services (Lift-Equipped) Transportation Program, provided that the agreement is approved as to form by the Department of Law #10-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 19, 1995, approved for submission by the Mayor, submitted pursuant to Council Resolution 476-95, to which is attached a handout for residents explaining the City's sidewalk installation process, the Council does hereby request that the Engineering Department incorporate this additional information into the existing pamphlet provided to residents #11-96 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 20, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits a new proposed lease between the City of Livonia and the Detroit Metropolitan YMCA for a period of three seasons commencing June 1, 1996 through September 15, 1998, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement in the manner and form herein submitted, as well as to do all other things necessary to the full performance of this resolution, provided, however, that a Letter of Understanding shall be submitted by the Detroit Metropolitan YMCA stating that if daily admission charges and rates for hourly rentals and lessons offered for sale by tenant are increased, pursuant to Section II, 2 2 of the agreement, such charges and rates shall only be increased in an amount sufficient to meet increased costs of operation of the facility #12-96 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, February 26, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 95-9-1-20, submitted by the City Planning Commission, pursuant to CR 482-94, for a change of zoning of property located west of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 1/4 of Section 14, from PL and RUF to NP, the City Planning Commission in its resolution 12-243-95 having recommended to the City Council that Petition 95-9-1-20 be approved, (2) Petition 95-10-1-21, submitted by the City Planning Commission, for a change of zoning of a portion of Helman Park located on the east side of Gill Road between Southampton Avenue and Curtis 29233 Road in the Northeast 1/4 of Section 9, from PL to NP, the City Planning Commission in its resolution 12-244-95 having recommended to the City Council that Petition 95-10-1-21 be approved, (3) Petition 95-10-1-22, submitted by the City Planning Commission, for a change of zoning of Denmar Park located on the north side of Curtis Road between Golfview Drive and Hampton Court in the Northeast 1/4 of Section 8, from PL to NP, the City Planning Commission in its resolution 12-245-95 having recommended to the City Council that Petition 95-10-1-22 be approved, (4) Petition 95-10-1-23, submitted by the City Planning Commission, for a change of zoning of Madonna Park located on the south side of Lyndon Avenue between Fairway Drive and Parklane Drive in the Southwest 1/4 of Section 20, from PL to NP, the City Planning Commission in its resolution 12-246-95 having recommended to the City Council that Petition 95-10-1-23 be approved, and (5) Petition 95-10-1-24, submitted by the City Planning Commission, for a change of zoning of Greenbriar Park located on the north side of Lyndon Avenue between Yale Avenue and Ellen Drive in the Northwest 1/4 of Section 21, from PL to NP, the City Planning Commission in its resolution 12-247-95 having recommended to the City Council that Petition 95-10-1-24 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None 29234 Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-3) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Brosnan gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 95-10-3-4) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 25 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 95-7-1-16) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Vandersloot, seconded by Taylor, it was RESOLVED, that having considered a communication from the City Assessor, dated December 13, 1995, approved for submission by the Mayor, with regard to a request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-052-99-0105-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice 29235 On a motion by Duggan, seconded by Feenstra, it was RESOLVED, that the Council does hereby determine to substitute an approving resolution with regard to a request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item No 46-052-99-0105-000 into two parcels A roll call vote was taken on the motion to substitute with the following result: AYES Duggan, Feenstra, McGee, and Laura NAYS Taylor, Brosnan, and Vandersloot. The President declared the motion to substitute adopted On a motion by Duggan, seconded by Feenstra, it was RESOLVED, that having considered a communication from the City Assessor, dated December 13, 1995, approved for submission by the Mayor, with regard to a request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to approve the request for dividing Tax Item No 46-052-99-0105-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A. The North 40 feet of the South 1402 feet of the West 220 feet of the East 654 feet of the East 1/2 of the Southeast 1/4 of Section 13 thereof, except the East 30 feet. PARCEL B. The South 40 feet of the North 80 feet of the South 1402 feet of the West 220 feet of the East 654 feet of the East 1/2 of the Southeast 1/4 of Section 13 thereof, except the East 30 feet as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the substitute resolution with the following result. AYES Duggan, Feenstra, and Laura 29236 NAYS Taylor, Brosnan, Vandersloot, and McGee The President declared the substitute resolution denied On a motion by Feenstra, seconded by Duggan, it was RESOLVED, that the Council does hereby determine to adopt a substitute resolution which would refer to the Committee of the Whole for its report and recommendation the request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item No 46-052-99-0105-000 into two parcels On a motion by Taylor, seconded by McGee, it was RESOLVED, that the Council does hereby determine to substitute a resolution denying the request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, for dividing Tax Item No 46- 052-99-0105-000 into two parcels A roll call vote was taken on the motion to substitute with the following result. AYES Taylor, Brosnan, Vandersloot, and McGee NAYS Duggan, Feenstra, and Laura The President declared the motion to substitute adopted On a motion by Taylor, seconded by McGee, it was #13-96 RESOLVED, that having considered a communication from the City Assessor, dated December 13, 1995, approved for submission by the Mayor, with regard to a request from Mr Mark Standley, 28530 Pickford, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-052-99-0105-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the substitute resolution with the following result. AYES Taylor, Brosnan, Vandersloot, and McGee NAYS Duggan, Feenstra, and Laura The President declared the substitute resolution adopted 29237 On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #14-96 RESOLVED, that having considered a communication from the City Engineer, dated December 27, 1995, approved for submission by the Mayor, to which are attached lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalk at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk no later than June 1, 1996, after which date the Engineering Department shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility; and FURTHER, the Engineering Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1996 Sidewalk Program, which program will include all required work which has not been completed by private property owners by June 1, 1996 On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was #15-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 20, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Detroit Temperature Engineers, Inc , 12490 Globe Road, Livonia, Michigan 48150, for completing all work required in connection with the repair and replacement of the heating system at the Alfred Noble Library for the sum of $72,350 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $36,941 00 from funds already budgeted for this project in the Capital Projects Fund (Account No 401- 000-076-025), and the Council does further appropriate and authorize the expenditure of the additional sum of $35,409 00 from the Capital Projects Fund (401) Unexpended Fund Balance for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution 29238 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #16-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 19, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase, through the Oakland County Bid Specification process, of one 3/4 ton 4x2 GMC pick-up for the Fire Fighting Division from Red Holman Pontiac GMC, 35300 Ford Road, Westland, Michigan 48185, for the price of $17,609 00, and one Chevrolet S-10 pick-up for the Fire Maintenance Division from Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, for the price of $17,500 00, for a total price of $35,109 00, the same to be expended from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #17-96 RESOLVED, that the Council does hereby refer the subject of the disposition of excess City vehicles and the question of whether all excess vehicles have been disposed of to the Department of Public Works for its report and recommendation On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #18-96 RESOLVED, that the Council does hereby request that the Department of Public Works submit its report and recommendation relative to an updated list of vehicle assignments, including pool vehicles, and the name of the individual assigned to each City vehicle On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #19-96 RESOLVED, that the Council does hereby refer the subject of City policy in regards to employees and City officials taking City vehicles home to the Department of Public Works, the Fire Department and the Police Department for their respective reports and recommendations 29239 On a motion by Taylor, seconded by Duggan, it was #20-96 RESOLVED, that the Council does hereby refer the subject of the amount of budgeted funds for vehicles and the number of vehicles currently authorized in the budget compared to the number currently owned or leased by the City to the Director of Finance for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Feenstra, Vandersloot, McGee, and Laura. NAYS Brosnan. The President declared the resolution adopted On a motion by Feenstra, seconded by Taylor, it was RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 20, 1995, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission Resolution 2340-95, adopted on December 5, 1995, wherein the following increase in greens fees with outing fees and changes to the outing policy and City of Livonia fees/waivers as follows 1 FEES CURRENT PROPOSED RESIDENT Mon - Fri 9 Holes $ 8 50 $ 9 00 Mon - Fri 18 Holes 13 00 14 50 Sat/Sun/Hol 9 Holes 9 50 10 50 SatlSun/Hol 18 Holes 14 00 15 50 Junior & Senior 9 Holes 4 00 4 50 Junior & Senior 18 Holes 7 50 8 25 Twilight 5 00 5 50 Winter Rate 6 00 6 75 December 1 - March 31 Seniors at Regular Rate NON-RESIDENT Mon - Fri 9 Holes $13 00 $14 00 Mon - Fri 18 Holes 19 50 20 50 Sat/Sun/Hol 9 Holes 16 00 16 50 Sat/Sun/Hol 18 Holes 20 50 22 00 Twilight 7 50 8 50 29240 RESERVATION Weekends $ 50/golfer No Change Weekdays $ 50/golfer No Change LEAGUE RATE $11 50/golfer $12 25/golfer OUTING RATE Mon - Fri* 9 Holes $11 00 $12 25 Mon - Fri* 18 Holes 16 50 18 00 Sat - Sun* 9 Holes 13 00 14 50 Sat - Sun* 18 Holes 17 50 19 00 No outing on Holidays *Includes reservation fee for guaranteed starting time No changes to Senior or Junior Times They will remain as follows SENIOR TIMES April 1 thru September 30. Mon - Fri Idyl Wyld 7 a m till 2 p m Mon, Tues & Thurs Whispering Willows 7 a m till 12 30 p m Tues & Thurs Fox Creek 7am till 12 30 p m After September 30 Mon - Fri Idyl Wyld 7 a m till 3 p m Mon - Fri Whispering Willows 7 a m till 12 30 p m Mon - Fri Fox Creek 7 a m till 12 30 p m JUNIOR TIMES Mon & Thurs Idyl Wyld 7 a m till 2 p m Tues Whispering Willows 7 a m till 11 30 a m Fri Fox Creek 7am till 11 30 a m From Friday of week school is out until the Friday prior to the start of school - ages 10-17 Resident of Livonia with school identification, bus pass or report card 2 PROPOSED CHANGES IN OUTING POLICY CURRENT a Shotgun starts prior to 8 a m only Monday - Friday b Memorial Day to Labor Day, no outings prior to 1 p m on Saturday and Sunday c. Minimum number for outing is 24 players d Minimum deposit of $200 required to book an outing CHANGES a. Shotgun starts prior to 8 a m only, Monday through Friday, from Memorial Day to Labor Day, and shotgun starts would be permitted anytime prior to Memorial Day and after Labor Day 29241 d Minimum deposit of $100 required to book an outing 3 CITY OF LIVONIA FEES/WAIVERS CHANGES CURRENT STATUS CATEGORY I CATEGORY II CATEGORY III CAT IV Golf Course $5 per golfer/18 $7 per golfer/18 $10 per golfer/18 Full fees Use Fee *1 holes or equiva- holes or equiva- holes *501-C-3 paid per/year lent donation to lent donation to at $5/18 holes Parks & Rec Dept Parks & Rec Dept Adopted May 5, 1993 CR 371-93 PROPOSED STATUS CATEGORY I CATEGORY II CATEGORY III CAT IV Golf Course $5 50 per golfer/ $7 75 per golfer/ $11 per golfer/18 Full fees Use Fee *1 18 holes or 18 holes or holes *501-C-3 paid per/year equivalent equivalent at $5 50/18 holes donation to the donation to the Parks & Rec Dept Parks & Rec Dept the Council does hereby determine to concur and approve of the foregoing action On a motion by Brosnan, seconded by Vandersloot, it was RESOLVED, that a substitute resolution be adopted that would refer the foregoing matter to the Committee of the Whole A roll call vote was taken on the motion to substitute as follows AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None The President declared the motion to substitute adopted On a motion by Brosnan, seconded by Vandersloot, it was #21-96 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the matter of the proposed increase in greens fees and changes to outing policy and City of 29242 Livonia fees/waivers which was approved by the Parks and Recreation Commission in its resolution #2340-95, adopted on December 5, 1995 A roll call vote was taken on the substitute resolution with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None The President declared the substitute resolution adopted From the audience, Bob Snyder, 16774 Ronnie Lane, stated his opposition to the proposed price increases and requested that a price study be done comparing the surrounding areas' facilities to Livonia's On a motion by Taylor, seconded by Vandersloot, it was #22-96 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 22, 1995, and the report and recommendation of the Chief of Police, dated December 12, 1995, approved for submission by the Mayor, the Council does hereby approve of the request from Garden Enterprises, Inc for transfer of ownership of a 1995 SDM licensed business from Gleno's Inc for a business located at 27405 Grand River, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS McGee The President declared the resolution adopted On a motion by McGee, seconded by Taylor, and unanimously adopted, it was #23-96 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1995, which transmits its Resolution 12-248-95, adopted on December 19, 1995, with regard to Petition 95-10-3-5 submitted by Garfield Kindred Associates, P C , Architects, on behalf of the Livonia Community Credit Union, requesting the vacating of a portion of Westmore Avenue south of Roycroft Avenue and east of Farmington Road in the Southwest 1/4 of Section 15, the Council does hereby concur in the recommendation of the 29243 City Planning Commission and does grant and approve the said Petition 95-10-3-5 subject to maintaining a full-width easement for public utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #24-96 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21, 1995, which transmits its resolution 12-251-95, adopted on December 19, 1995, with regard to Petition 95-11-8-27 submitted by the Livonia Community Credit Union, requesting site plan approval in connection with a proposal to construct a new driveway for the financial facility located at 15420 Farmington Road in the Southwest 1/4 of Section 15, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-11-8-27 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet A-1 dated October 20, 1995, prepared by Garfield Kindred Associates, is hereby approved and shall be adhered to, 2 That this approval is contingent on City Council approval to vacate the adjacent section of Westmore Avenue, and 3 That the directional signs shown on the plan, which are in compliance with Section 18 50D Permitted Signs, subheading Directional Signs, are hereby approved On a motion by Feenstra, seconded by Taylor, it was RESOLVED, that having considered a communication from the Director of Finance, dated December 20, 1995, approved for submission by the Mayor, in response to the request from Council regarding the budget adjustment that would be necessary to achieve personnel cost savings with respect to the Deputy Treasurer position, the Council does hereby authorize a budget transfer (effective March 1, 1996) as follows Amount Account (101-) Description Debit Credit 253-702-000 Salaries and Wages $37,257 253-722-000 Retirement Contrib 8,215 253-715-000 Emp Soc Sec - FICA 2,849 253-720-000 Life Insurance 120 29244 253-719-000 Medical Payment 3,102 325-702-000 Patrol Salaries & Wages $51,543 for Police patrol personnel On a motion by Vandersloot, it was RESOLVED, that the Council does hereby determine to substitute a denying resolution in lieu of the foregoing approving resolution President Laura relinquished the Chair to the Vice President at 8 45 p m in order to second the substitute motion made by Vandersloot. A roll call vote was taken on the motion to substitute with the following result. AYES Vandersloot and Laura NAYS Taylor, Duggan, Feenstra, McGee, and Brosnan The Vice President declared the motion to substitute denied The President resumed the gavel at 8 46 p m The following individuals from the audience spoke at this time 1) Jim Biga, 35354 Lancashire - stated this subject matter was not publicly discussed in the past. He was upset there was no public hearing on this matter, and asked that this matter not be acted upon until an investigation is done regarding a possible violation regarding the Open Meetings Act. 2) Denise Mika-Biga, 35354 Lancashire - stated there was no analysis done regarding the duties and responsibilities of the position of Deputy Treasurer, and she would like to see an analysis done before this position is eliminated 3) Loraine Connelly, 32148 Camborne Lane - stated that to her it seemed like if the Treasurer didn't appoint the person the Council wanted as the Deputy Treasurer, that this position would be eliminated 4) Lillian Edney, 15405 Harrison - commented on the fact that just as the former Treasurer was retiring, he stated the City didn't really need a Treasurer Ms Edney stated if the Council is being vindictive, that bothers her On a motion by Duggan, it was RESOLVED, that the Council does hereby determine to substitute a resolution that would send this matter to the Committee of the Whole for its report and recommendation 29245 The motion failed for lack of support. On a motion by Feenstra, seconded by Taylor, it was #25-96 RESOLVED, that having considered a communication from the Director of Finance, dated December 20, 1995, approved for submission by the Mayor, in response to the request from Council regarding the budget adjustment that would be necessary to achieve personnel cost savings with respect to the Deputy Treasurer position, the Council does hereby authorize a budget transfer (effective March 1, 1996) as follows. Amount Account (101-) Description Debit Credit 253-702-000 Salaries and Wages $37,257 253-722-000 Retirement Contrib 8,215 253-715-000 Emp Soc Sec - FICA 2,849 253-720-000 Life Insurance 120 253-719-000 Medical Payment 3,102 325-702-000 Patrol Salaries & Wages $51,543 for Police patrol personnel A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, and McGee NAYS Vandersloot and Laura The President declared the resolution adopted. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #26-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-180-95 adopted on September 26, 1995, with regard to Petition 95-7-1-15, submitted by the City Planning Commission, for a change of zoning of property located on the southeast corner of Plymouth Road and Laurel Avenue, in the Northwest 1/4 of Section 33, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on December 6, 1995, pursuant to Council Resolution 726-95, the Council does hereby approve Petition 95-7-1-15 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of 29246 Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #27-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 9, 1995, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 6, 1995, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 foot wide full-depth asphalt pavement (approximately 7-1/2" thick) with mountable asphalt curbs (Alternate III) of Savoie and Grove south of Six Mile Road and east of Middlebelt Road in the Northwest 1/4 of Section 13, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 9, 1995, (4) determine that the estimated cost of such improvement is $374,689 18, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($44,128 38) and 100% of drainage ($80,500 00) and that the balance of said cost and expense of said public improvement amounting to 85% shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, 29247 (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the N W 1/4 of Section 13, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach .L thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #28-96 RESOLVED, that the Council does hereby refer the subject of possibly posting signs stating "No Through Traffic" on Savoie and Grove (south of Six Mile Road and east of Middlebelt Road) in the Northwest 1/4 of Section 13 to the Traffic Commission for its report and recommendation Also, through the direction of the Chair, the Engineering Department was requested to prepare an Alternate IV roll Several individuals from the audience spoke regarding the proposed street improvement of Savoie and Grove They are as follows 1) Denny Winegarden - was representing his father, who resides at 29181 Grove He addressed the inequity of the assessment; some people will have to pay much more than others, and a good portion of the homeowners are retired This is about the third time in the past six years this proposed paving matter has come up The City was 29248 supposed to be taking care of the road, but hasn't been doing so properly (He was also representing another neighbor on Savoie ) 2) Paul McEachern, 29182 Grove - he is against having the road paved at this time, and also feels perhaps there could be a more cost-effective way to handle this 3) Sharon Bushway, 29127 Grove - she likes the rural setting and the fact there is no paved road There is no way she could recoup the money she would have to pay for the road paving if she ever sold her house 4) Deborah Koss, 29181 Grove - also likes the rural setting and feels there may be a better alternative She is against the improvement. What's next? Street lights and sidewalks? 5) Art Bardell, 16862 Savoie - he has been in his home less than a year; the setting was a major factor for him in buying his home He asked the Council to consider the life span of a dirt road 6) Carol Donahue, 16744 Savoie - she's in favor of paving the road The ditches are at least 4' deep, and roads don't stay graded Prices keep going up -- might as well do it now 7) Bill Meldrum, 16570 Savoie - if the assessment could be equalized, he would be in favor of that instead of some people paying much more than others He's in favor of paving the road 8) Tom Donahue, 16744 Savoie - the street is very bad, it needs to be paved 9) Linda Spellich, 29153 Grove - stated she was not notified of the public hearing 10) Richard Seaman, 16702 Savoie - the ditches are 4' deep and drainage has been a problem. The only thing to do is to pave He's in favor of it. 11) Roxana Pippin, 29152 Grove - she has 130' of frontage and the place is a mud bath She's in favor of paving 12) Mrs Gress, 16715 Savoie - she and her husband would like the road paved It's muddy, bumpy, and rocky 13) Earl Sonoc, 29215 Grove - also representing the Jeffers across the street from him They don't want the road paved Stated he received the letter from Engineering, but received no other information from the City 14) Ed Lamont, 16800 Savoie - his lot is on the lowest part of the road Stated he also didn't receive the public hearing notice It would cost him about $10,000 plus 8% interest, which would be a major cost to him Doesn't feel there is a real need to do this 29249 15) Leann Lamont, 16800 Savoie - the road just needs to be maintained She doesn't want a storm sewer next to her house She and her husband need more information in order to make a decision and what this would do to their taxes Not in favor of paving 16) Samuel DeGrande, 16555 Savoie - he likes the existing road and the country living 17) Michelle Bardell, 16862 Savoie - she likes the rural setting and raising her three young children in this type of setting 18) Dennis Walker, 16700 Savoie - also owns the house at 16696 Savoie Indicated we don't need a new road, we need to take care of the one we have 19) Carol Donahue, 16744 Savoie - indicated there were discrepancies in the Engineering letter Safety for children is a major factor for her The ditches are not going to go away; let's get it done and taken care of 20) A gentleman that previously spoke asked the Council to consider an Alternate IV On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #29-96 RESOLVED, that the City Engineer having filed with the City Clerk statements dated October 5, 1995 and December 11, 1995, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 6, 1995, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statements in all respects, (2) determine to make the road improvement consisting of approximately 4" of asphalt over existing roadway (approximately 20 ft. to 22 ft. wide) (Alternate IV) of Alois, south of Plymouth Road, in the Southwest 1/4 of Section 30, T 1S , R.9E , City of Livonia, Wayne County, Michigan, as described in said statements, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statements dated October 5, 1995 and December 11, 1995, 29250 (4) determine that the estimated cost of such improvement is $43,518 24, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($5,665 24) and 100% of drainage ($5,750 00) and that the balance of said cost and expense of said public improvement amounting to 85% shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S W 1/4 of Section 30, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Feenstra, seconded by Brosnan, it was 29251 #30-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-183-95, adopted on September 26, 1995, with regard to Petition 95-8-1-18, submitted by Robert Goldman for Edward and Mary Jo Olschanski, for a change of zoning of property located on the west side of Inkster Road between Six Mile Road and Whitcomb Drive in the Northeast 1/4 of Section 13, from R-2 to C-1, and the Council having conducted a public hearing with regard to this matter on December 6, 1995, pursuant to Council Resolution 726-95, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, and Laura NAYS Vandersloot and McGee The President declared the resolution adopted Several individuals from the audience spoke at this time regarding the foregoing matter They are as follows 1) Joseph Brokas, 32535 Schoolcraft - stated they were just trying to improve the project, follow the Master Plan, and add some landscaping Then it went into the discussion of drug stores 2) Tino Baderis - owns Howard Drugs at Six Mile and Inkster He asked for a clarification of Committee of the Whole proceedings 3) Ray Tent, 18051 Deering - asked that his name be put on the mailing list to receive notice of meetings pertaining to this matter He referenced information discussed at the Planning Commission meeting on this, stated that this area is zoned C-2, and that we are not depriving the owner from putting in a commercial building here 4) Lew Franco - the Real Estate Director for Rite-Aid Stated that their intent is to move forward with the 9,000 foot store, which doesn't require any variances On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #31-96 RESOLVED, that having considered a communication from the City Treasurer, dated January 11, 1996, regarding the placement of drive approaches in the Northeast 1/4 of the City of Livonia on the following parcels in the following amounts 29252 Parcels of property and assessment, as outlined in the Treasurer's letter dated January 11, 1996, is included herein by reference, which work was done pursuant to Council Resolutions 394-94 and 87-95, and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution McGee made the following disclosure respecting a conflict of interest on this matter Mr President, regarding the next matter, as I have previously disclosed my law firm represents the Municipal Building Authority in this matter, and I wish to announce the conflict and will abstain from any consideration of this agenda item I refer to my prior statements and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you. McGee left the podium at 1035 p m. On a motion by Taylor, seconded by Feenstra, it was #32-96 THIS CONTRACT, made and entered into as of this 21st day of December, 1995, by and among the MUNICIPAL BUILDING AUTHORITY OF LIVONIA (the "Authority"), a public corporation organized and existing under the authority of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act"), under the provisions of Act 202, Public Acts of Michigan, 1943, as amended, ("Act 202") and the Act (collectively the "Acts"), and the CITY OF LIVONIA, a 29253 Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "City"), WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of the Act for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority have entered into (i) certain Contracts of Lease wherein the Authority agreed to acquire (a) senior citizen housing facilities and (b) additions to the City's existing Court facilities and lease all of said facilities to the City (the "1990 Leases"), (ii) a certain Contract of Lease wherein the Authority agreed to acquire a police station facility and lease said facility to the City (the "Police Station Lease") and (iii) a certain Contract of Lease wherein the Authority agreed to acquire a recreation facility to the City (the "Recreation Lease"), and WHEREAS, bonds have been issued pursuant to the 1990 Leases, denominated Building Authority Bonds, Series 1990 dated June 1, 1990 (the "1990 Bonds"), in the presently outstanding principal amount of $6,025,000; and WHEREAS, bonds have been issued pursuant to the Police Station Lease, denominated Building Authority Bonds, Series 1985 A dated December 1, 1985 (the "1985 A Bonds"), which were not refunded with part of the proceeds of the Authority's Building Authority Refunding Bonds, Series 1992, in the presently outstanding principal amount of $375,000; and WHEREAS, bonds have been issued pursuant to the Recreation Lease, denominated Building Authority Bonds, Series 1985 B dated December 1, 1985 (the "1985 B Bonds"), which were not refunded with part of the proceeds of the Authority's Building Authority Refunding Bonds, Series 1992, in the presently outstanding principal amount of $200,000; and WHEREAS, the Authority and the City have been advised that conditions in the bond market have now improved to the point that the 1990 Bonds maturing in the years 2004 through 2015, inclusive, the 1985 A Bonds maturing in the year 2005 and the 1985 B Bonds maturing in the year 2005 (hereinafter collectively referred to as the "Bonds") could be refunded at a considerable savings to the City and to the Authority; and WHEREAS, it is the determination and judgment of the Authority and the City that the Bonds should be refunded to secure for the City the interest 29254 savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the users of all of said facilities and the taxpayers of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program, NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows 1 The Authority and the City hereby approve and confirm the refunding of (i) the outstanding 1990 Bonds due March 1, 2004 and thereafter ($4,425,000), (ii) all of the outstanding 1985 A Bonds due June 1, 2005 ($375,000) and (iii) all of the outstanding 1985 B Bonds due June 1, 2005 ($200,000) under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 2 The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in the total principal amount of not to exceed $6,000,000 in order to pay all or part of the costs of refunding the Bonds as described in Section 1 All costs of retiring the Bonds and of issuing the Refunding Bonds, including payment of the principal of and interest on the Bonds, call premiums, underwriting discount, bond and other printing, administrative, legal and financial advisory expenses, credit enhancement costs, rating fees, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available to pay such costs 3 To carry out and accomplish the refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in the aggregate principal amount of not to exceed $6,000,000 (the "Refunding Bond Resolution"), such Resolution to be substantially in the form attached hereto and based upon the financial analysis provided by Robert W Baird & Co Incorporated of the financial benefits of the refunding The Refunding Bonds shall mature serially, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in the 1990 Leases, the Police Station Lease and the Recreation Lease (hereinafter collectively referred to as the "Original Leases") and as hereinafter provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds 29255 (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations (d) The Authority shall take all steps necessary to refund the Bonds 4 The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein provided It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City It is agreed that the City shall pay to the Authority, not later than one business day prior to the annual maturity date of principal amounts of the Refunding Bonds, such principal amount, and in addition, not later than one business day prior to each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the exact amount due on said date The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof 5 The City, pursuant to authorization of Section 11 k of the Act, hereby irrevocably pledges its full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an 29256 amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, such annual levy shall however be subject to applicable constitutional, statutory and charter limitations Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Authority Refunding Bonds hereinbefore referred to are issued Nothing herein contained shall be construed to prevent the City from using any, or any combination of, the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Refunding Contract, and if at the time of making the annual tax levy there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. 6 Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in the Original Leases low 7 All provisions of the Original Leases not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, the Bonds in the maturities described in Section 1 of this Refunding contract will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead It is also hereby recognized that the obligation of the City to make payments for debt service for those maturities of the 1990 Bonds which are not being refunded will continue in full force and effect. 8 Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9 The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect, provided, however, that in such event, all costs and expenses shall be paid by the City in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses 10 The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of 29257 them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the securing of the Refunding Bonds or the prompt payment of principal of or interest thereon The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon It is hereby declared that the terms of this Refunding Contract insofar as they pertain to the security of Refunding Bonds shall be deemed to be for the benefit of the holder of said Refunding Bonds 11 This Refunding Contract shall remain in full force and effect for a period of forty (40) years from the date hereof, or until such lesser time as the Refunding Bonds issued by the Authority are paid, at which time this Refunding Contract shall be terminated, and the provisions of the Original Leases relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, together with all interest and penalties and other obligations hereunder 12 The City and the Authority each hereby designate the Refunding Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions under the provisions of the Internal Revenue Code of 1986, as amended 13 The City and the Authority each agree to comply with the requests of Rule 15c2-12 of the Securities and Exchange Commission regarding continuing disclosure The City agrees to provide documentation relative to their undertaking by form of a Certificate to be executed by the Mayor, City Clerk or Finance Director at the time of delivery by the Refunding Bonds 14 This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, COUNTY OF WAYNE, MICHIGAN, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers and its seal to be affixed hereto the day and year first above written A roll call vote was taken on the foregoing resolution with the following result: 29258 AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS None The President declared the resolution adopted On a motion by Taylor, seconded by Feenstra, it was #33-96 WHEREAS, it is deemed reasonable and economically advantageous for the Municipal Building Authority of Livonia (the "AUTHORITY") to take the necessary steps under the provisions of Act 31, Public Acts of Michigan, 1948, 1st extra session, as amended, and Act 202, Public Acts of Michigan, 1943, as amended, to have the AUTHORITY issue refunding bonds to refund portions of certain series of bonds previously issued to acquire and construct court facilities, senior citizen housing facilities, recreational facilities and police station facilities to benefit the City of Livonia (the "CITY"), and WHEREAS, the AUTHORITY and the CITY have negotiated a contract providing for such refunding, by the terms of which contract the CITY is obligated to pay the debt service on such refunding bonds to the AUTHORITY in installments as therein provided, a copy of which contract is attached to this resolution and incorporated by reference, and WHEREAS, said refunding is desirable and necessary to reduce the capital costs of the previously described facilities to the CITY, NOW, THEREFORE, BE IT RESOLVED THAT 1 This City Council hereby approved the Refunding Contract as hereto attached 2 The Mayor and the City Clerk are authorized to execute immediately and deliver to the Authority the Refunding Contract approved by this resolution Said refunding contract shall immediately become binding and effective upon such execution since the refunding contract has already received the approval thereof by resolution of the Board of Commissioners of the AUTHORITY 3 The City Council does hereby ratify and confirm its covenant in the aforesaid Contract to levy ad valorem taxes against all taxable property in the CITY to the extent necessary to meet the obligations of the CITY thereunder in the event revenues from other sources are insufficient for any reason whatsoever Any such taxes levied to pay the Cash Rental under said Contract shall be limited as to rate or amount in the manner provided by law 29259 4 The Mayor, City Clerk and Finance Director be and are each hereby authorized to file an application with the Municipal Finance Division of the Michigan Department of Treasury for permission to issue said refunding bonds, including any necessary waivers in connection therewith, and to execute any document or certificate necessary to authorize, sell and deliver the refunding bonds 5 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura NAYS None The President declared the resolution adopted McGee returned to the podium at 10 37 p m On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #34-96 RESOLVED, that having considered a communication from the Department of Law, dated January 9, 1996, approved for submission by the Mayor, with regard to pending litigation involving the condemnation of property in connection with the Merriman Road Grade Separation Project, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held on Monday, January 29, 1996, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with this condemnation case On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #35-96 RESOLVED, that having considered a communication from the City Clerk, dated January 9, 1996, wherein it is indicated that she has reappointed Ann Tavolacci, 18415 University Park, Livonia, Michigan 48152, as Deputy City Clerk, for a two year period effective January 1, 1996, the Council does hereby confirm the said appointment in accordance with Chapter V, Section 9 of the Charter of the City of Livonia at an annual salary of $40,643 20 for the fiscal year 1995-1996 with the same benefits extended to other full-time classified employees under the 29260 Local 192 agreement, said salary and benefits to remain the same until upcoming contract negotiations have been completed On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #36-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 12, 1995, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $3,028 86 from the sources indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the same to Account #702-000-285-216 for use in the Senior Citizen Programs On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #37-96 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 20, 1995, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $500 00 from the Hearts of Livonia, FURTHER, the Council does hereby appropriate and credit the same to Account #702-000-285-215 for use in the Livonia Youth Assistance Program On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #38-96 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #39-96 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area lying in the Northeast 1/4 of Section 29, 29261 more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 60", and WHEREAS, written notice has been given by certified mail to Action Distributing Company, Inc of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 60; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 60, and WHEREAS, on Wednesday, January 10, 1996, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 60, at which time Action Distributing Company, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Action Distributing Company, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 60 " EXHIBIT A Pt of the Northeast 1/4 of Section 29, T 1 S, R 9 E, desc as comm at the Northeast corner of Section 29, th S OOD 26M 13S W 2043 24 ft to POB th N 89D 25M 10S W 315 0 ft th S OOD 26M 13S W 550 4 ft th S 89D 19M 30S E 315 0 ft th N On a motion by Duggan, seconded by McGee, and unanimously adopted, it was #40-96 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 1995, which sets forth its resolution 10-219-95, adopted on October 31, 1995, with regard to 29262 Petition 95-6-1-12, as amended, submitted by the City Planning Commission, for a change of zoning of 41 5 acres of Greenmead property which lies west of the U S Post Office and north of Pembroke Road in the Northeast 1/4 of Section 6, from PL to R-4, and the Council having conducted a public hearing with regard to this matter on January 10, 1996, pursuant to Council Resolution 832-95, the Council does hereby reject the recommendation of the Planning Commission and Petition 95-6- 1-12 is hereby denied for the following reasons 1 That the proposed change of zoning is contrary to the Future Land Use Plan which recommends Community Service land use for the subject property; 2 That the proposed change of zoning will remove a substantial amount of community open space from the area, and 3 That the proposed change of zoning will provide for a substantial amount of additional vehicular traffic in the area On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #41-96 RESOLVED, that the Council does hereby refer the issue of long term development of Greenmead and the financial viability thereof to the Mayor for his report and recommendation, such report and recommendation to include a suggested plan for a dialogue and affirmative action and to be submitted to the City Council by March 1, 1996 The President relinquished the Chair to the Vice President at 1047 p m On a motion by Laura, seconded by Feenstra, and unanimously adopted, it was #42-96 RESOLVED, that the Council does hereby refer the subject of Greenmead to the Committee of the Whole for further consideration On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #43-96 RESOLVED, that the Council does hereby refer the subject of adherence to notice requirements set forth in the Open Meetings Act and the report and recommendation from the Department of Law, dated January 16, 1996, regarding this subject to the Legislative Committee for its report and recommendation 29263 The President resumed the Chair at 10.50 p m During the audience communication portion at the end of the meeting, the following individuals spoke 1) Jane Soltesz, 9126 Fredrick - thanked the Council for the way they conducted the public hearing last week regarding Greenmead The spirit of the meeting was beautiful, 2) Jim Biga, 35354 Lancashire - commended the Council on being "fiscally responsible" (regarding the elimination of the Deputy Treasurer), but inquired how they became so "fiscally responsible" since their December 20, 1995, meeting where they increased the pay for one of their staff He would hope they would apply this everywhere 3) Mike Driscoll, 19229 Shadyside - asked for reconsideration of the vote to eliminate the Deputy Treasurer's position This could create a problem if the elected Treasurer is out of town on other business On a motion by Taylor, seconded by Brosnan, and unanimously adopted, this 1,312th Regular Meeting of the Council of the City of Livonia was adjourned at 10 55 p m , January 17, 1996 " " e# e/tW, $•an McCotter, City Clerk