HomeMy WebLinkAboutCOUNCIL MINUTES 1993-06-07 27659
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FliTing
101. REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 7, 1993, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8:04 p.m. Councilmember Kavanagh delivered the
invocation.
Roll was called with the following result: Sean P. Kavanagh, Ron
Ochala, Laura M. Toy, Dale A. Jurcisin, Fernon P. Feenstra, Michael P.
McGee, and Gerald Taylor. Absent: None.
Elected and appointed officials present: Robert D. Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Ann W. Tavolacci, Deputy City Clerk; Karen A.
Szymula, Director of Legislative Affairs; John Fegan, Director of
Inspection; Judy Nagy, City Assessor; Ronald Reinke, Superintendent of
Parks and Recreation; and Roger Walklin, Parks and Recreation Commission.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#430-93 RESOLVED, that the minutes of the 1,249th Regular
Meeting of the Council of the City of Livonia, held May 19, 1993,
are hereby approved as submitted.
During the audience communication portion of the meeting, Boy
Scout Troop #1382 was acknowledged as being present at the meeting.
Additionally, Roger Walklin of the Parks and Recreation Commission spoke
regarding the "Tee It Up For Trees" golf outing to be held on Wednesday,
June 9, 1993.
A communication from the Department of Law, dated May 13, 1993,
re: Albulov v City of Livonia, Wayne County Circuit Court Case No.
93-300366 AA and Case No. 92-224516 CE was received and placed on file for
the information of the Council.
27660
A communication from the Department of Finance, dated May 21,
Iwo 1993, re: various financial statements of the City of Livonia for the
month ending April 30, 1993, was received and placed on file for the
information of the Council.
On a motion by Feenstra, seconded by Kavanagh, it was:
#431-93 RESOLVED, that having considered an application from
Cathy Moran, 36721 Sherwood, Livonia, Michigan 48154, dated May
12, 1993, requesting permission to close Sherwood, between
Comstock and Williams, on Saturday, June 19, 1993, between 3:00
p.m. and 9:00 p.m. , for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, August
29, 1993 in the event of inclement weather, the action taken
herein being made subject to approval of the Police Department.
#432-93 RESOLVED, that having considered a letter from Hart &
Leidal Investment Company, 32225 Schoolcraft, Livonia, Michigan
48150, dated May 6, 1993, wherein a request is submitted for the
purchase of certain City-owned property which is approximately 65
feet by 300 feet in size (being part of Parcel No 105 99 0043
004), which property is located directly south of the Industrial
Road property lot line and which constitutes a portion of the
Refuse Disposal Area and Police Training Center, as indicated by
the attached map, the Council does hereby refer this item to the
Department of Law for its report and recommendation.
#433-93 RESOLVED, that having considered a letter from Hart &
Leidal Investment Company, 32225 Schoolcraft, Livonia, Michigan
48150, dated May 6, 1993, wherein a request is submitted for the
purchase of certain City-owned property which is approximately 65
feet by 300 feet in size (being part of Parcel No. 105 99 0043
004), which property is located directly south of the Industrial
Road property lot line and which constitutes a portion of the
Refuse Disposal Area and Police Training Center, as indicated by
the attached map, the Council does hereby refer this item to the
Chief of Police for his report and recommendation.
A communication from the Inspection Department, dated May 13,
1993, re: the possible reopening of a commercial operation at 35480 Curtis
(Barker E. L. Window Company) was received and placed on file for the
information of the Council. (CR 294-93)
A communication from the Inspection Department, dated May 13,
1993, re: report on abandoned or discontinued gas stations and commercial
27661
buildings at various locations was received and placed on file for the
information of the Council. (CR 314-93)
#434-93 RESOLVED, that having considered a letter from the
Executive Director of the Michigan Municipal League, dated May
15, 1993, to which is attached an invoice with respect to the
City's Michigan Municipal League dues for the period July 1, 1993
through June 30, 1994, the Council does hereby authorize the
payment of same from monies budgeted for this purpose with
respect to the Annual Dues in the amount of $9,713.00 and the
Environmental Affairs Assessment in the amount of $1,166.00;
provided, however, that the Council rejects and denies
authorization to make payment with respect to the $800.00 Legal
Defense Fund Membership.
A communication from the Public Service Division, dated May 14,
1993, re: snow plow damage at 32639 Greenland Court was received and
placed on file for the information of the Council. (CR 241-93)
#435-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 12, 1993, approved
for submission by the Mayor, with regard to a request from the
Wayne County Department of Public Services that the City take
jurisdiction and control of a section of storm sewer as part of
the development of the Italian American Club at 39200 Five Mile
Road, the Council does hereby determine as follows:
1) To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
Italian American Club site plans and, further that the City
will accept jurisdiction and maintenance (at no expense to
the County) of 10 1.f. of 12" storm sewer connection within
the Five Mile Road right-of-way in connection with the
development of the aforementioned site located on the north
side of Five Mile immediately east of the 1-275 freeway in
the S.W. 1/4 of Section 18 (See attached letter from Italian
American Club of Livonia indicating their willingness to
reimburse the City for any such maintenance that may become
necessary. );
2) To indemnify and save harmless Wayne County and its
employees against all claims, suits and judgments arising
out of the operation covered by the permit or the issuance
of the permit; and
3) To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with
the above storm sewer construction
27662
#436-93 RESOLVED, that having considered the report and
law recommendation of the City Engineer, dated May 18, 1993, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, to which is attached a proposed Traffic
Signal Agreement, and having considered the necessity for the
installation of a traffic signal control device to be located at
the intersection of Merriman Road at Glendale/Industrial Drive,
the Council does hereby authorize the installation of same;
FURTHER, the Council having been advised that the estimated cost
of the proposed traffic signal installation is $24,180.00, does
hereby approve of the City assuming 50% of the total cost of such
installation and for this purpose does hereby appropriate and
authorize the expenditure of a sum not to exceed $12,090.00 from
the Motor Vehicle Highway Fund (Major Road Account); FURTHER, the
Council does hereby agree to pay 50% of the future energy and
maintenance costs of the aforesaid traffic control signal, and
the Wayne County Department of Public Services, Division of Roads
is hereby requested to cause such traffic signal to be installed
at the aforesaid location in an expeditious manner; and the Mayor
and City Clerk are hereby authorized to execute the attached
agreement for and on behalf of the City of Livonia; and the City
Clerk is also requested to send a certified copy of this
resolution to the Wayne County Department of Public Services,
Division of Roads.
#437-93 RESOLVED, that having considered the report and
recommendation from the Assistant Planning Director and the
Housing Director dated May 12, 1993, approved for submission by
the Mayor and to which is attached a document entitled Fair
Housing Analysis City of Livonia, which identifies impediments to
fair housing in Livonia and sets forth recommendations to remove
such impediments as required by Title VIII of the Civil Rights
Act of 1968 and the Housing and Community Development Act of
1974, the Council does hereby concur in the findings and
recommendations of the Fair Housing Analysis and authorizes its
submittal to the Department of Housing and Urban Development.
#438-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 29, 1993, which
transmits its resolution 3-71-93, adopted on March 23, 1993, with
regard to a Sign Permit Application submitted by Sign Art, Inc. ,
in behalf of First of America Bank, requesting approval for two
wall signs for the building located at 39209 Six Mile Road in
Section 18, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said Sign Permit
Application, subject to the following conditions:
1) That the Sign Plan dated 2/25/93, submitted by Sign Art,
Inc. , for the First of America Bank, 39209 Six Mile Road, is
hereby approved and shall be adhered to; and
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals.
27663
#439-93 RESOLVED, that having considered a complaint with
regard to the condition of traffic on Knolson north and
southbound at the intersections of Grennada and the need for
additional stop signs in the area, the Council does hereby refer
this item to the Traffic Commission for its report and
recommendation.
#440-93 RESOLVED, that the Council having considered a
communication from the City Engineer, dated May 6, 1993, approved
for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16.24.310 of the Livonia Code
of Ordinances, as amended, wherein it is required that street
lighting with underground wiring shall be provided in all
subdivisions in conformity with the standards prescribed, and the
City Engineer having ascertained the assessed valuation of all
property affected by the proposed improvement with regard to
Stonehouse Estates Subdivision, located in the Southeast 1/4 of
Section 31, T.1S. , R.9E. , City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels
which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and
having prepared and caused to be prepared plans and
specifications therefor and an estimate for the cost thereof, and
to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in
Own
the proposed special assessment district, and it appearing to the
Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of May 6, 1993,
and that there has been a full compliance with all of the
provisions of Section 3.08.060 of the Livonia Code of Ordinances,
as amended, the Council does hereby set Monday, July 12, 1993, at
7:00 p.m. as the date and time for a public hearing on the
necessity for such proposed improvement which public hearing
shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section
3.08.070 of said Livonia Code of Ordinances, as amended, and the
City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 3.08.070 of said Code.
#441-93 RESOLVED, that having considered a communication from
Metro-Detroit Signs, Inc. , dated May 20, 1993, which, in
accordance with the provisions of Section 19.08 of Ordinance No.
543, as amended, the Zoning Ordinance, takes an appeal from a
determination made on May 18, 1993 by the City Planning
Commission in its resolution 5-111-93, adopted on May 18, 1993,
with regard to a Sign Permit Application submitted in behalf of
Boston Chicken for two wall signs to be located at 37104 Six Mile
Road, Livonia, Michigan, the Council does hereby designate
Monday, July 19, 1993, at 8:00 p m. as the date and time for
conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall, 33000 Civic Center Drive,
27664
Livonia, Michigan; and the City Clerk is hereby requested to do
taw all things necessary in order to give proper notice in writing,
as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Ordinance No. 543,
as amended, the Zoning Ordinance of the City of Livonia.
#442-93 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 390-93, adopted on May 19, 1993.
#443-93 WHEREAS, the City of Livonia has received an
application from Oxbow Machine Products Inc. , 8610 Lanewood,
Westland, Michigan 48185, dated May 26, 1993, for a transfer of
the tax abatement previously granted to Roma's Commissary, Inc.
(Exemption Certificate #88-041) on January 13, 1988, in Council
Resolution 41-88, for ten years for a facility located at 12777
Merriman Road which is located in City of Livonia Industrial
Development District No 43;
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, PA 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, July 19, 1993, at 8:00 p.m. ,
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan.
3. The Council hereby sets Monday, July 19, 1993, at 8:00 p.m. ,
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a
hearing on this application.
#444-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Oxbow Machine
Products Inc. , 8610 Lanewood, Westland, Michigan 48185, dated May
26, 1993, covering new industrial facilities to be located within
City of Livonia Industrial Development District 43;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
Lm. 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, PA 1974, as amended.
27665
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, July 19, 1993, at
8:00 p.m. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
3. The Council hereby sets Monday, July 19, 1993, at 8:00 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: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor.
NAYS: None.
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was:
#445-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
and submitted pursuant to Council Resolution 524-89 in connection
with a communication from the City Planning Commission, dated
March 27, 1989, which transmits its resolution 3-54-89, adopted
on March 20, 1989, with regard to Petition 89-2-8-7, submitted by
Michael C. DeLaere, requesting site plan approval in connection
with a proposal to construct an addition to an existing theater
located on the north side of Plymouth Road between Sears Drive
and Tech Center Drive in the Southwest 1/4 of Section 26,
pursuant to the provisions set forth in Section 18.58 of
Ordinance No. 543, as amended, and the Council having conducted a
public hearing with regard to this matter on May 22, 1989,
pursuant to Council Resolution 312-89, the Council does hereby
reject and deny Petition 89-2-8-7 for the same reasons as those
set forth in the action taken by the Planning Commission.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#446-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
ift= and submitted pursuant to Council Resolution 379-91 in connection
with a communication from the City Planning Commission, dated
March 1, 1991, which sets forth its resolution 2-25-91, adopted
27666
on February 19, 1991, with regard to Petition 91-1-1-1 submitted
lbe by William & Alice Kolak and Joseph Durso for a change of zoning
on property located on the north side of Seven Mile Road between
Bicentennial Drive and Fitzgerald Avenue in the Southwest 1/4 of
Section 5 from RUFC to R-C, and the petitioner thereafter having
amended its requested rezoning from RUFC to R-3 and the Council
having conducted a public hearing with regard to this matter on
April 24, 1991, pursuant to Council Resolution 230-91, the
Council does hereby refer this item back to the Planning
Commission for the purpose of conducting a new public hearing
with respect to not only the subject property, but also the
adjoining area, including the City-owned property to determine
whether it should be rezoned to the R-3 zoning classification.
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was:
#447-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
the Council does hereby determine to receive and file Mayor
Bennett's report of May 17, 1993 with respect to Council
Resolution 171-93.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#448-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
and submitted pursuant to Council Resolution 390-91 in connection
with a letter from Joseph P. Durso, 35345 Seven Mile Road,
Livonia, Michigan 48152, dated April 20, 1991, wherein an
interest is indicated for the purchase of certain City-owned
property located adjacent to 36730 Seven Mile Road, Livonia,
Michigan 48152, the Council does hereby refer this item back to
the Department of Law for the purpose of submitting another
request to the petitioner to provide an appraisal of the entire
parcel proposed to be sold.
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was:
#449-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
and submitted pursuant to Council Resolution 392-91 in connection
with a letter from Joseph P Durso, dated April 20, 1991, and
submitted in behalf of William and Alice Kolak, wherein an
interest is indicated in the purchase of certain City-owned
property located east of 36700-20 Seven Mile Road, Livonia,
Michigan, the Council does hereby determine that this item shall
remain in the Committee of the Whole for further consideration.
27667
Kavanagh left the podium at 8:14 p m. in order to avoid a perceived
impropriety regarding the next Agenda item.
On a motion by Ochala, seconded by McGee, it was:
#450-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 17, 1993,
and submitted pursuant to Council Resolution 170-93 in connection
with a letter from the President of Rotondo Bros. , Inc. , dated
February 16, 1993, submitted in behalf of Ray Amin, wherein an
interest is expressed in the purchase of certain City-owned
parcels located on the north side of Seven Mile Road east of
Fitzgerald, the Council does hereby refer this item to the
Department of Law for the purpose of submitting another request
to the petitioner to provide an appraisal of the entire parcel
proposed to be sold.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor.
NAYS: None.
The President declared the resolution adopted.
Kavanagh returned to the podium at 8:16 p.m
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 93-3-3-1)
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.
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 90-7-1-16)
The foregoing Ordinance, when adopted, is filed in the Journal of
L. 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.
27668
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 18.42, 18.47 AND 18.58
Iwo OF ARTICLE XVIII AND SECTION 19 03 OF ARTICLE XIX OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE."
(Petition 92-3-6-1)
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 took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING TITLE 15, CHAPTER 44 (FENCES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor.
ibm NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING PARAGRAPH B OF SECTION 020
OF TITLE 15, CHAPTER 56 (PERMITS AND INSPECTION FEES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
27669
Ochala took from the table, for second reading and adoption, the
imw following Ordinance:
AN ORDINANCE ADDING PARAGRAPH 20A TO SECTION 170
OF CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF
TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Feenstra, seconded by Ochala, it was:
RESOLVED, that having considered a communication from
the City Assessor, dated April 26, 1993, approved for submission
by the Mayor, with regard to a request from Ms. Kathleen Jones,
14100 Hillcrest, Livonia, Michigan 48154, and having also
considered petitions submitted by neighbors in the area in
opposition thereto, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18.46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division
of Tax Item No. 46 091 01 0020 000 into two parcels, the legal
descriptions of which shall read as follows:
Parcel "A"
Lot 20 except the East 116.75 ft. thereof, B. E. Taylor's
Schoolcraft Manor, being a Sub'n. of part of the W. 1/2 of
Sec. 23, T.1S. , R.9E. , Livonia Twp. , Wayne County, Michigan,
as recorded in Liber 71, on Page 42 of Plats, W.C.R.
Parcel "B"
The East 116.75 ft. of Lot 20 thereof, B. E. Taylor's
Schoolcraft Manor, being a Sub'n. of part of the W. 1/2 of
Sec. 23, T.1S. , R.9E. , Livonia Twp. , Wayne County, Michigan,
as recorded in Liber 71, on Page 42 of Plats, W.C.R.
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
ifto ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
27670
The following people spoke against the proposed lot split from the
audience:
Mike Nagle, 14150 Hillcrest, Livonia, MI 48154
Mark Bublitz, 14200 Henry Ruff, Livonia, MI 48154
Cynthia Swintek, 14390 Henry Ruff, Livonia, MI 48154
Caroline McNutt, 14376 Henry Ruff, Livonia, MI 48154
Brad DuLyn, 14400 Hillcrest, Livonia, MI 48154
And Dave Ellis, 14340 Hillcrest, Livonia, MI 48154, was in favor
of it.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Ochala and Feenstra.
NAYS: Kavanagh, Toy, Jurcisin, McGee, and Taylor.
The President declared the resolution denied.
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was:
#451-93 RESOLVED, that having considered a communication from
the City Assessor, dated April 26, 1993, approved for submission
by the Mayor, with regard to a request from Ms. Kathleen Jones,
14100 Hillcrest, Livonia, Michigan 48154, and having also
considered petitions submitted by neighbors in the area in
opposition thereto, 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. 46 091 01 0020 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.
On a motion by Kavanagh, seconded by McGee, it was:
#452-93 RESOLVED, that having considered a letter from Matthew
R. Abel, Attorney at Law, dated April 30, 1993, wherein it is
stated that the fee charged for receiving copies of documents
from the Police Department under the Freedom of Information Act
is excessive, the Council does hereby refer this item to the
Chief of Police for his report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
27671
AYES: Kavanagh, Ochala, Toy, Jurcisin, McGee, and Taylor.
NAYS: Feenstra.
her
The President declared the resolution adopted.
On a motion by Toy, seconded by Kavanagh, it was:
#453-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 19, 1993, which
transmits its resolution 4-83-93, adopted on April 6, 1993, with
regard to a Sign Permit Application submitted by Warren Sign
Systems, in behalf of Service Merchandise, requesting approval
for one wall sign for the building located at 29751 Plymouth Road
in Section 2, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said
Sign Permit Application subject to the following conditions:
1) That the Sign Plan dated 3/17/93, submitted by Warren Sign
Systems, for the Service Merchandise Store at 29751 Plymouth
Road, is hereby approved and shall be adhered to except for
the fact that the signage shall be reduced to no greater
than 256 square feet; and
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Toy, Jurcisin, McGee, and Taylor.
NAYS: Ochala and Feenstra.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#454-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 19, 1993, which transmits
its resolution 5-106-93, adopted on May 18, 1993, with regard to
revised building elevations in connection with Petition
92-10-2-42, and a sign permit application for one wall sign,
submitted by Hechinger Company in behalf of Home Quarters,
located on the east side of Middlebelt Road between Schoolcraft
and Plymouth Roads in Section 25, the Council does hereby concur
in the recommendation of the Planning Commission and approve the
said Sign Permit Application, subject to the following
conditions:
27672
1) That the Elevation and Sign Plan, defined as Sheet 1, dated
4/15/93, by Hechinger Company, is hereby approved and shall
be adhered to; and
2) That the Site Plan, defined as drawing number C-2, dated
1/7/93, by Professional Engineers Associates, is hereby
approved and shall be adhered to.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#455-93 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 24, 1993,
approved by the Superintendent of Parks and Recreation and the
Finance Director, and approved for submission by the Mayor, and
which submits a proposed lease document pursuant to Council
Resolution 347-93, between the City of Livonia and the Detroit
Metropolitan YMCA, for a period of three seasons commencing June
1, 1993 through September 15, 1995, 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.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to my 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 8:49 p.m.
On a motion by Feenstra, seconded by Jurcisin, it was:
#456-93 WHEREAS, the City Council of the City of Livonia,
County of Wayne, Michigan (the "City"), intends to authorize the
issuance and sale of Water Supply and Wastewater System Revenue
Bonds, Series 1993 pursuant to Act 94, Public Acts of Michigan,
1933, as amended, in the principal amount of not to exceed in
total Five Million Dollars ($5,000,000), for the purpose of
paying all of the cost of acquiring and constructing additions,
extensions and improvements to the Water Supply and Wastewater
System of the City together with all necessary structures,
equipment, furnishings and all appurtenances and attachments
therefor; and
L
27673
WHEREAS, prior to issuance of the bonds the City must either
receive prior approval of the bonds from the Michigan Department
of Treasury or be exempt from prior approval as provided in
Chapter III, Section II of Act 202, Public Acts of Michigan,
1943, as amended; and
WHEREAS, in order to be exempt from prior approval, the City
must notify the Department of Treasury of its intent to issue the
bonds and must agree to pay the filing fees required by the
aforesaid act.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk and the Finance Director are each authorized
to notify the Department of Treasury of the City's intent to
issue the bonds described in the preamble to this resolution and
request an order providing an exception for the bonds from prior
approval by the Department of Treasury and such other waivers or
requests as said officials shall deem necessary or appropriate,
as evidenced by their respective signatures.
2. The City agrees to pay to the state the filing fees
prescribed by law in connection with the issuance of an
obligation with respect to the bonds described in the preamble to
this resolution.
3. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution by and the same
hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor.
NAYS: None
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, it was:
#457-93 WHEREAS, the City of Livonia, County of Wayne, State of
Michigan (the "Issuer"), has by an Ordinance duly adopted on date
even herewith, authorized the issuance and sale of Five Million
Dollars ($5,000,000) principal amount of the Issuer's Water Supply
and Wastewater System Revenue Bonds, Series 1993 (the "Bonds");
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Issuer's Clerk is hereby authorized and directed to fix
the date for the sale of the Bonds
2. The Issuer's Clerk shall cause a Notice of Sale of the Bonds
to be published in the Detroit Legal News, Detroit, Michigan at
least fourteen (14) full days before the date fixed for sale.
27674
3. The Notice of Sale of the Bonds shall be in substantially
the following form:
Ir OFFICIAL NOTICE OF SALE
$5, 000, 000
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
WATER SUPPLY AND WASTEWATER SYSTEM
REVENUE BONDS, SERIES 1993
SEALED BIDS for the purchase of the above bonds will be received
by the undersigned at the office of the City Clerk located at 33001
Civic Center Drive, Livonia, Michigan 48154 , on Wednesday, the 21st
day of July, 1993 , until 4 : 00 o'clock p.m. , Eastern Daylight Time,
at which time and place said bids will be publicly opened and read.
In the alternative, sealed bids for the purchase of the above bonds
will also be received until the same time on the same date at the
Municipal Advisory Council of Michigan, 1445 First National
Building, Detroit, Michigan 48226, at which time and place said
bids will be simultaneously opened and read. The City Council will
meet no later than 8 : 00 o'clock p.m. , on that date, to consider the
award or rejection of bids.
BOND DETAILS: The bonds will be issued in fully-registered form,
of the denomination of $5 , 000 or multiples thereof not exceeding
for each maturity the aggregate principal amount of that maturity,
dated as of August 1, 1993 , numbered in order of registration, and
will bear interest from their date payable on November 1, 1993 , and
semiannually thereafter.
The bonds will mature on the 1st day of November of the years
as follows:
$ 75, 000 1993 , 1994 and 1995;
100, 000 1996 to 1999 , inclusive;
125, 000 2000 to 2005, inclusive;
175, 000 2006 and 2007;
200, 000 2008;
225, 000 2009;
925, 000 2010;
950, 000 2011;
975, 000 2012 ;
L. TERM BOND OPTION: Bidders shall have the option of designating
bonds maturing in the years 2005 through 2012 , inclusive, as serial
bonds or term bonds, or both. The bid must designate whether each
of the principal amounts shown above for the years 2005 through
2011, inclusive, represent a serial maturity or a mandatory
27675
redemption requirement for a term bond maturity. There may be more
than one term bond maturity. In any event, the above principal
schedule for the years 2005 through 2011, inclusive, shall be
represented by either serial bond maturity or mandatory redemption
requirements for term bonds, or a combination of both.
PRIOR REDEMPTION: Bonds of this issue maturing in the years 1993
to 2001, inclusive, are not subject to redemption prior to
maturity. Bonds or portions of bonds in multiples of $5, 000,
maturing in the years 2002 through 2012, inclusive, shall be
subject to redemption, at the option of the City, in such order as
the City shall determine and within any maturity by lot, on any
interest payment date on or after November 1, 2001, at par and
accrued interest to the date fixed for redemption, plus a premium,
expressed as a percentage of par as follows:
1-1/2% of the par value of each bond or portion thereof called
for redemption on or after November 1, 2001, but prior to
November 1, 2002 ;
1% of the par value of each bond or portion thereof
called for redemption on or after November 1, 2002, but prior
to November 1, 2004 ;
1/2% of the par value of each bond or portion thereof
called for redemption on or after November 1, 2004, but prior
to November 1, 2006;
No premium shall be paid on bonds or portions of bonds
called for redemption on or after November 1, 2006.
Notice of redemption of any bond or portion thereof shall be
given by the transfer agent at least thirty (30) days prior to the
date fixed for redemption by mail to the registered owner at the
registered address shown on the registration books kept by the
transfer agent. Bonds shall be called for redemption in multiples
of $5, 000 and any bond of a denomination of more than $5, 000 shall
be treated as representing the number of bonds obtained by dividing
the denomination of the bond by $5, 000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part
shall state that upon surrender of the bond to be redeemed a new
bond or bonds in aggregate principal amount equal to the unredeemed
portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof
called for redemption shall accrue after the date fixed for
redemption, whether presented for redemption or not, provided funds
are on hand with the transfer agent to redeem the bond or portion
thereof.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest
at a rate or rates not exceeding 8% per annum, to be fixed by the
bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or
both. The interest on any one bond shall be at one rate only and
all bonds maturing in any one year must carry the same interest
27676
rate. The difference between the highest and lowest interest rate
on the bonds shall not exceed two and one half percent (2 1/2%) per
annum. THE INTEREST RATE BORNE BY BONDS MATURING ON OR AFTER THE
11. YEAR 2003 , SHALL NOT BE LESS THAN THE INTEREST RATE BORNE BY BONDS
MATURING IN THE PRECEDING YEAR. No proposal for the purchase of
less than all of the bonds or at a price less than 99% of their par
value will be considered.
TRANSFER AGENT AND REGISTRATION: Principal and interest shall be
payable at NBD, N.A. , Detroit, Michigan, or such other transfer
agent as the City may thereafter designate by notice mailed to the
registered owners of the bonds not less than 60 days prior to any
interest payment date. Interest shall be paid by check or draft
mailed to the registered owners of the bonds as shown by the
registration books of the City on the 15th day of the month
preceding the interest payment date. The bonds will be
transferable only upon the registration books of the City kept by
the transfer agent.
PURPOSE AND SECURITY : The bonds are issued under the provisions
of Act 94, Public Acts of Michigan, 1933 , as amended, and certain
Ordinances of the City, for the purpose of defraying the cost of
acquiring and constructing additions, extensions and improvements
to the City's Water Supply and Wastewater System (the "System") .
The bonds are payable solely and only from the net revenues of the
System and any additions thereto, and a statutory first lien on
said revenues has been established by said Ordinances. The bonds
and said lien are of equal standing with the City's Water Supply
and Wastewater System Revenue Bonds, Series 1988 , (Limited Tax
General Obligation) dated as of December 1, 1988 in the outstanding
principal amount of $4 , 500, 000 and the City's Water Supply and
Wastewater System Revenue Bonds, Series 1989 , (Limited Tax General
Obligation) dated as of November 1, 1989 in the outstanding
principal amount of $4 , 650 , 000 (the "Outstanding Bonds") . The City
has covenanted and agreed to fix and maintain at all times while
any of such bonds shall be outstanding such rates for service
furnished by the System as shall be sufficient to provide for
payment of the necessary expenses of operation, maintenance and
administration of the System, of the principal and interest on all
of said bonds when due, to maintain and increase a bond reserve
account therefor, and to provide for such other expenditures and
funds for the System as are required by said Ordinances.
The rights or remedies of bondholders may be affected by
bankruptcy, insolvency, fraudulent conveyance or other laws
affecting creditors' rights generally now existing or hereafter
enacted and by the application of general principles of equity
including those relating to equitable subordination.
ADDITIONAL BONDS: For the terms upon which additional bonds of
equal standing with the bonds of this issue and the Outstanding
Bonds as to the net revenues of the System may be issued, reference
is made to the above described Ordinances .
27677
GOOD FAITH: A certified or cashier's check in the amount of
$100, 000 , drawn upon an incorporated bank or trust company and
payable to the order of the Treasurer of the City, must accompany
each bid as guarantee of good faith on the part of the bidder, to
be forfeited as liquidated damages if such bid be accepted and the
bidder fails to take up and pay for the bonds . No interest shall
be allowed on the good faith checks and checks of the unsuccessful
bidders will be promptly returned to each bidder's representative
or by registered mail.
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid
produces the lowest interest cost computed by determining, at the
rate or rates specified in the bid, the total dollar value of all
interest on the bonds from August 1, 1993 , to their maturity and
deducting therefrom any premium or adding thereto any discount.
LEGAL OPINION: Bids shall be conditioned upon the unqualified
approving opinion of Miller, Canfield, Paddock and Stone, attorneys
of Detroit, Michigan, a copy of which opinion will be printed on
the reverse side of each bond, and the original of which will be
furnished without expense to the purchaser of the bonds at the
delivery thereof. The fees of Miller, Canfield, Paddock and Stone
for services rendered in connection with such approving opinion are
expected to be paid from bond proceeds. Except to the extent
necessary to issue their unqualified approving opinion as to
validity of the above bonds, Miller, Canfield, Paddock and Stone
has not been requested to examine or review and has not examined or
reviewed any financial documents, statements or materials that have
tr been or may be furnished in connection with the authorization,
issuance or marketing of the bonds, and accordingly will not
express any opinion with respect to the accuracy or completeness of
any such financial documents, statements or materials.
DELIVERY OF BONDS: The City will furnish bonds ready for execution
at its expense. Bonds will be delivered without expense to the
purchaser at New York, New York, Chicago, Illinois, Detroit,
Michigan or such other location as may be mutually acceptable to
the City and the purchaser. The usual closing documents, including
a certificate that no litigation is pending affecting the issuance
of the bonds, will be delivered at the time of the delivery of the
bonds. If the bonds are not tendered for delivery by twelve
o'clock noon, Eastern Daylight Time, on the 45th day following the
date of sale, or the first business day thereafter if said 45th day
is not a business day, the successful bidder may on that day, or
any time thereafter until delivery of the bonds, withdraw his
proposal by serving notice of cancellation, in writing, on the
undersigned in which event the City shall promptly return the good
faith deposit. Payment for the bonds shall be made in immediately
available funds. Accrued interest to the date of delivery of the
bonds shall be paid by the purchaser at the time of delivery.
Unless the purchaser furnishes the transfer agent with a list
giving the denominations and names in which it wishes to have the
certificates issued at least 5 business days after the sale of the
bonds, the bonds will be delivered in the form of a single
27678
certificate for each maturity registered in the name of the
purchaser.
TAX EXEMPTION: In the opinion of bond counsel, assuming compliance
with certain covenants by the City, the bonds will be exempt from
taxation in the State of Michigan and from federal income tax
subject, in both cases, to certain exceptions described in bond
counsel's opinion.
CUSIP NUMBERS: CUSIP identification numbers will be printed
on the bonds, but neither the failure to print the numbers nor any
error with respect thereto shall constitute cause for refusal by
the purchaser to accept delivery of the bonds. All expenses in
relation to the printing of CUSIP numbers shall be paid for by the
City except that the CUSIP Service Bureau charge for the assignment
of numbers shall be the responsibility of and paid for by the
purchaser.
QUALIFICATION: The City has designated the bonds as "QUALIFIED TAX
EXEMPT OBLIGATIONS" for purposes of deduction of interest by
financial institutions .
CERTIFICATION: The successful bidder will be required to furnish,
prior to the delivery of the bonds, a certificate in a form
acceptable to bond counsel as to the "issue price" of the bonds
within the meaning of Section 1273 of the Internal Revenue Code of
1986, as amended.
tio OFFICIAL STATEMENT: The City will provide the winning bidder with
200 final Official Statements within 7 business days from the date
of sale so as to permit the underwriter to comply with S.E.C. Rule
15c 2-12 . Additional copies of the Official Statement will be
supplied by the City upon request and agreement to pay the cost of
additional copies. Requests for additional copies should be made
to the City's Financial Consultants listed below within 24 hours of
the date of sale.
FINANCIAL CONSULTANT: Additional information may be
obtained from Stauder, Barch & Associates, Inc. , 3989 Research Park
Drive, Ann Arbor, Michigan 48108 . (Telephone (313) 668-6688) .
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal
for Revenue Bonds" .
Joan McCotter
City Clerk
City of Livonia
27679
4. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same
tw hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor.
NAYS: None.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, it was:
ORDINANCE NO. 2179
AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF
ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE WATER SUPPLY AND
WASTEWATER SYSTEM OF THE CITY OF LIVONIA; AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF SELF-LIQUIDATING REVENUE BONDS OF EQUAL
STANDING WITH THE REVENUE BONDS NOW OUTSTANDING FOR THE PURPOSE OF
PAYING THE COST OF SAID ADDITIONS, EXTENSIONS AND IMPROVEMENTS
UNDER THE PROVISIONS OF ACT 94 , PUBLIC ACTS OF MICHIGAN, 1933 , AS
AMENDED, AND ORDINANCES NOS. 1958 AND 2015 OF THE CITY OF LIVONIA.
lw WHEREAS, the City of Livonia, by Ordinance No. 1958 , has
heretofore issued its Water Supply and Wastewater System Revenue
Bonds, Series 1988 (Limited Tax General Obligation) in the original
principal amount of $5, 000, 000; and
WHEREAS, the City of Livonia, by Ordinance No. 2015, has
heretofore issued its Water Supply and Wastewater System Revenue
Bonds, Series 1989 (Limited Tax General Obligation) in the
original principal amount of $5, 000, 000; and
WHEREAS, it is the determination of the City Council of the
City of Livonia that it is necessary to acquire and construct the
Project (as hereinafter defined) ; and
WHEREAS, the estimated cost of acquiring and constructing the
Project, including contingencies, legal and financing expenses as
determined by the City's Engineers, is Five Million Dollars
($5, 000, 000) ; and
WHEREAS, the conditions and requirements set forth in the
Outstanding Ordinances (as hereinafter defined) for the issuance of
the Bonds (as hereinafter defined) to defray the cost of acquiring
and constructing the Project have been established by the financial
records and audits of the Water Supply and Wastewater System of the
City of Livonia; and
27680
WHEREAS, all things necessary to the authorization and
issuance of the Bonds under the Constitution and laws of the State
of Michigan and the Outstanding Ordinances have been done, and the
City Council is now empowered and desires to authorize the issuance
1.11 of said bonds;
THE CITY OF LIVONIA ORDAINS:
Section 1. Ordinances Nos. 1958 and 2015 are hereby
supplemented as follows:
Definitions
Section 2 . Whenever used in this Ordinance or in the bonds
to be issued hereunder, except when otherwise indicated by the
context:
(a) The term "City" shall be construed to mean the City of
Livonia.
(b) The term "Project" shall be construed to mean the
additions, extensions and improvements to the System, together with
all necessary appurtenances and additions thereto as set forth in
the plans presented by the City's Engineers.
(c) The term "acquire" shall be construed to include
acquisition by purchase, construction or by any other method.
(d) The term "System" shall be construed to mean the complete
Water Supply and Wastewater System of the City of Livonia as
defined in the Outstanding Ordinances.
(e) The terms "Revenues" and "Net Revenues" shall be
construed as defined in Section 3 of Act 94 , Public Acts of
Michigan, 1933 , as amended.
(f) The term "Council" shall be construed to mean the City
Council of the City, the legislative and governing body of said
City.
(g) The term "Outstanding Ordinances" shall be construed to
mean Ordinances Nos. 1958 and 2015 of the City.
(h) The term "Act 94" shall be construed to mean Act 94,
Public Acts of Michigan 1933 , as amended.
(i) The term "Bonds" shall be construed to mean the
$5, 000, 000 principal amount of Water Supply and Wastewater System
Revenue Bonds, Series 1993 , dated as of August 1, 1993 , authorized
to be issued by this Ordinance.
(j) The term "Outstanding Bonds" shall be construed to mean
the outstanding Water Supply and Wastewater System Revenue Bonds,
Series 1988 (Limited Tax General Obligation) and the outstanding
Water Supply and Wastewater System Revenue Bonds, Series 1989
(Limited Tax General Obligation) of the City issued pursuant to the
Outstanding Ordinances.
27681
two Necessity of Proiect
Section 3 . It is hereby determined and declared to be
necessary for the public health and welfare of the City to acquire
and construct the Project.
Estimated Cost and Life of Project
Section 4 . The estimated cost of acquiring and
constructing the Project, including contingencies, engineering,
legal and financing expenses, in the amount of Five Million Dollars
($5, 000, 000) , is hereby approved and the Council does hereby
estimate the period of usefulness of the Project to be at least
forty (4 0) years.
Bonds Authorized
Section 5. To pay the cost of acquiring and constructing
the Project and to pay engineering, financial, legal and other
expenses and contingencies incidental thereto and to the issuance
of the Bonds, it is hereby determined that there be borrowed upon
the credit of the Net Revenues of the System, the additional sum of
im Five Million Dollars ($5, 000, 000) , and the Bonds be issued
therefor, under the provisions of Act 94 , the Bonds having equal
standing and priority of lien as to the Net Revenues and being
equally secured with the Outstanding Bonds as to said Net Revenues.
Except as changed by the provisions of this Ordinance, all the
provisions of the Outstanding Ordinances shall apply to the Bonds,
the same as though each of said provisions were repeated in this
Ordinance, the purpose of this Ordinance being to authorize the
issuance of additional Bonds to finance the cost of acquiring
extensions and improvements to the System; additional bonds of
equal standing with the Outstanding Bonds for such purpose being
authorized by the provisions of the Outstanding Ordinances, upon
the conditions therein stated, which conditions have been fully
met, provided, however, that the provisions of the Outstanding
Ordinances relating to the pledging of the City's limited tax full
faith and credit shall not be applicable to the Bonds since the
Bonds are payable solely from Net Revenues of the System.
27682
Detail of Bonds
Section 6. The Bonds shall be designated WATER SUPPLY AND
ir WASTEWATER SYSTEM REVENUE BONDS, SERIES 1993 , and shall be payable
solely and only out of the Net Revenues of the System, and shall
consist of fully registered bonds of the denomination of $5, 000 or
multiples thereof not exceeding for each maturity the aggregate
principal amount of that maturity, dated as of August 1, 1993,
numbered in direct order of maturity from 1 upwards, and payable
serially on November 1st of each year as follows :
$ 75, 000 1993 , 1994 and 1995;
100, 000 1996 to 1999, inclusive;
125, 000 2000 to 2005, inclusive;
175, 000 2006 and 2007;
200, 000 2008 ;
225 , 000 2009 ;
925, 000 2010;
950, 000 2011;
975, 000 2012;
The Bonds shall bear interest at a rate or rates to be determined
on public sale thereof, but in any event not exceeding 8% per
annum, payable on May 1 and November 1 of each year, commencing
November 1, 1993 , by check or draft mailed by NBD Bank, N.A. , as
the transfer agent selected by the City herein, to the person or
entity which is, as of the 15th day of the month preceding the
interest payment date, the registered owner at the registered
address as shown on the registration books of the Issuer maintained
by the transfer agent. The date of determination of registered
owner for purposes of payment of interest as provided in this
paragraph may be changed by the Issuer to conform to market
practice in the future. The principal of the Bonds shall be
payable at the bank or trust company designated by the City as
registrar and transfer agent for this issue. The Bonds shall be
sold at not less than 99% of their par value. The Bonds shall be
subject to redemption prior to maturity as provided in Section it
hereof.
The Bonds shall be executed in the name of the City with the
facsimile signatures of the Mayor, City Clerk and Treasurer and
shall have the City's seal printed on them. No Bond shall be valid
until authenticated by an authorized signer of the transfer agent.
The Bonds shall be delivered to the transfer agent for
authentication and be delivered by the transfer agent to the
purchaser in accordance with instructions from the Treasurer of the
City upon payment of the purchase price for the Bonds in accordance
with the bid therefor when accepted. Executed blank bonds for
registration and issuance to transferees shall simultaneously, and
from time to time thereafter as necessary, be delivered to the
transfer agent for safekeeping.
27683
Registration and Transfer
Section 7 . Any Bond may be transferred upon the books
required to be kept pursuant to this section by the person in whose
name it is registered, in person or by the registered owner's duly
authorized attorney, upon surrender of the Bond for cancellation,
accompanied by delivery of a duly executed written instrument of
transfer in a form approved by the transfer agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the City shall
execute and the transfer agent shall authenticate and deliver a new
Bond or Bonds, for like aggregate principal amount. The transfer
agent shall require payment by the bondholder requesting the
transfer of any tax or other governmental charge required to be
paid with respect to the transfer. The transfer agent shall not be
required (i) to issue, register the transfer of or exchange any
Bond during a period beginning at the opening of business 15 days
before the day of the giving of a notice of redemption of Bonds
selected for redemption as described in the form of Bonds contained
in this Ordinance and ending at the close of business on the day of
that giving of notice, or (ii) to register the transfer of or
exchange any Bond so selected for redemption in whole or in part,
except the unredeemed portion of Bonds being redeemed in part.
The transfer agent shall keep or cause to be kept, at its
principal office, sufficient books for the registration and
to transfer of the Bonds , which shall at all times be open to
inspection by the City; and, upon presentation for such purpose,
the transfer agent shall, under such reasonable regulations as it
may prescribe, transfer or cause to be transferred, on said books,
Bonds as hereinbefore provided.
If any Bond shall become mutilated, the City, at the expense
of the holder of the Bond, shall execute, and the transfer agent
shall authenticate and deliver, a new Bond of like tenor in
exchange and substitution for the mutilated Bond, upon surrender to
the transfer agent of the mutilated Bond. If any Bond issued under
this Ordinance shall be lost, destroyed or stolen, evidence of the
loss, destruction or theft may be submitted to the transfer agent
and, if this evidence is satisfactory to both and indemnity
satisfactory to the transfer agent shall be given, and if all
requirements of any applicable law including Act 354 , Public Acts
of Michigan, 1972 , as amended ("Act 354") , being sections 129 . 131
to 129. 135, inclusive, of the Michigan Compiled Laws have been met,
the City, at the expense of the owner, shall execute, and the
transfer agent shall thereupon authenticate and deliver, a new Bond
of like tenor and bearing the statement required by Act 354 , or any
applicable law hereafter enacted, in lieu of and in substitution
for the Bond so lost, destroyed or stolen. If any such Bond shall
have matured or shall be about to mature, instead of issuing a
substitute Bond the transfer agent may pay the same without
surrender thereof.
27684
Bond Reserve Fund
Sect ' on 8 . The Reserve Account in the Bond and Interest
Redemption Fund, as established by the Outstanding Ordinances,
shall be increased by an amount which, when added to the sums on
Lim account in the Reserve Account, shall be equal to the lesser of (a)
the largest annual debt service requirement on the Bonds and the
Outstanding Bonds or (b) 10% of the principal amount of the
Outstanding Bonds and the Bonds. To provide said additional funds
for the Bond Reserve Account, there shall be deposited into said
Account a sum of moneys sufficient to meet such requirements from
System funds on hand and legally available for such use. All of
the provisions relative to use of the Bond Reserve Account, its
maintenance and other detail relative thereto shall remain as
specifically set forth in the Outstanding Ordinances.
Bond Proceeds
Section 9 . There is hereby established in a bank insured
by the Federal Deposit Insurance Corporation to be selected by the
Finance Director, a separate depositary account to be designated
"Revenue Bonds Series 1993 Construction Fund" , the moneys from time
to time on deposit to be used solely to pay the cost of the Project
and the incidental costs set forth in Section 4 of this Ordinance.
The proceeds of sale of the Bonds shall be allocated and used as
follows:
First, any premium and accrued interest, if any, shall be
101 deposited into the Bond and Interest Redemption Fund
established by the Outstanding Ordinances; and
Second, the balance of proceeds of sale shall be deposited in
the Revenue Bonds Series 1993 Construction Fund. Moneys in
the Construction Fund shall be applied solely in payment of
the cost of the acquisition and construction of the Project,
including any engineering, legal and other expenses incident
thereto and to the financing thereof. Any payments for
construction, either on account or otherwise, shall not be
made unless the registered engineer in charge of such work
shall file with the Council a signed statement to the effect
that the work has been completed in accordance with the plans
and specifications therefor; that it was done pursuant to and
in accordance with the contract therefor (including properly
authorized change orders) , that the work is satisfactory and
that any such work has not been previously paid for. The
investment of the Bonds shall be limited as may be required by
federal law. Any unexpended balance of the proceeds of sale
of the Bonds remaining after completion of the Project may, in
the discretion of the Council, be used for further
improvements and extensions to the system: Provided, That, at
the time of such expenditure, such use be approved by the
Michigan Department of Treasury. Any remaining balance after
such expenditure, or in the event no such expenditure is made,
the entire unexpended balance shall be paid into the Bond and
Interest Redemption Fund and used for the Redemption or
purchase of callable bonds or for any other purpose permitted
by Act 94 . The proceeds of sale of said bonds may be invested
in whole or in part in the manner provided by Act 94 .
27685
Rates
Section 10 . The rates to be charged for the service
facilities and commodities of the System shall be those presently
trop in effect in the City, and as adjusted from time to time by the
Council.
Bond Form
Section 11. The Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
WATER SUPPLY AND WASTEWATER SYSTEM REVENUE BOND, SERIES 1993
Interest Maturity Date of Original CUSIP
Rate Date Issue
November 1, August 1, 1993
REGISTERED OWNER:
tr PRINCIPAL AMOUNT: DOLLARS
THE CITY OF LIVONIA, County of Wayne, State of Michigan (the
"Issuer") , for value received, hereby promises to pay, solely and
only out of the hereinafter described Net Revenues of the Issuer's
Water Supply and Wastewater System (hereinafter defined) the
Principal Amount shown above in lawful money of the United States
of America to the Registered Owner shown above, or registered
assigns, on the Maturity Date shown above, with interest thereon
from the Date of Original Issue shown above or such later date to
which interest has been paid, until paid, at the Interest Rate per
annum shown above, payable on November 1, 1993 , and semiannually
thereafter. Principal of this bond is payable upon surrender of
this bond at the principal office of NBD Bank, N.A. , Detroit,
Michigan or such other transfer agent as the Issuer may hereafter
designate by notice mailed to the registered owner not less than 60
days prior to the date of any change in transfer agent. Interest
on this bond is payable by check or draft mailed by the transfer
agent to the person or entity who is, as of the 15th day of the
month preceding the interest payment date, the registered owner of
record, at the registered address as shown on the registration
books of the Issuer kept by the transfer agent. For prompt payment
of the principal of and interest on this bond, the Issuer has
irrevocably pledged the revenues of the Water Supply and Wastewater
System of the Issuer (the "System") , including all appurtenances,
extensions and improvements thereto, after provision has been made
for reasonable and necessary expenses of operation, maintenance and
administration (the "Net Revenues") , and a statutory first lien
thereon is hereby recognized and created.
27686
This bond is one of a series of bonds of even date of original
try issue, aggregating the principal sum of $5, 000, 000 numbered
consecutively in direct order of maturity from 1 upwards, issued
pursuant to Ordinances Nos. 1958 , 2015 and of the City
duly adopted by the City Council under and in full compliance with
the Constitution and statutes of the State of Michigan, including
specifically Act 94 , Public Acts of Michigan, 1933 , as amended, for
the purpose of paying the cost of acquiring and constructing
additions, extensions and improvements to the System.
For a complete statement of the revenues from which and the
conditions under which this bond is payable, a statement of the
conditions under which additional bonds of equal standing may
hereafter be issued, and the general covenants and provisions
pursuant to which this bond is issued, reference is made to the
above described Ordinances. The bonds of this issue are of equal
standing and priority of lien as to the Net Revenues with the
Issuer's outstanding Water Supply and Wastewater System Revenue
Bonds, Series 1988 (Limited Tax General Obligation) in the
outstanding principal amount of $4, 500, 000 and its outstanding
Water Supply and Wastewater System Revenue Bonds, Series 1989
(Limited Tax General Obligation) in the outstanding principal
amount of $4 , 650, 000 .
Bonds of this issue maturing in the years 1993 to 2001,
inclusive, are not subject to redemption prior to maturity.
tro
Bonds or portions of bonds in multiples of $5, 000 of this
issue maturing in the years 2002 through 2012 , inclusive, shall be
subject to redemption, at the option of the City, in such order as
the City shall determine and within any maturity by lot, on any
interest payment date on or after November 1, 2001, at par and
accrued interest to the date fixed for redemption, plus a premium,
expressed as a percentage of par as follows:
1-1/2% of the par value of each bond or portion thereof
called for redemption on or after November 1, 2001, but prior
to November 1, 2002;
1% of the par value of each bond or portion thereof
called for redemption on or after November 1, 2002, but prior
to November 1, 2004 ;
1/2% of the par value of each bond or portion thereof
called for redemption on or after November 1, 2004, but prior
to November 1, 2006;
No premium shall be paid on bonds or portions of bonds
called for redemption on or after November 1, 2006 .
27687
Notice of redemption of any bond or portion thereof shall be
given by the transfer agent at least thirty (30) days prior to the
date fixed for redemption by mail to the registered owner at the
registered address shown on the registration books kept by the
transfer agent. Bonds shall be called for redemption in multiples
of $5, 000 and any bond of a denomination of more than $5, 000 shall
be treated as representing the number of bonds obtained by dividing
the denomination of the bond by $5, 000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part
shall state that upon surrender of the bond to be redeemed a new
bond or bonds in aggregate principal amount equal to the unredeemed
portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof
called for redemption shall accrue after the date fixed for
redemption, whether presented for redemption or not, provided funds
are on hand with the transfer agent to redeem the bond or portion
thereof.
This bond is a self-liquidating bond and is payable, both as
to principal and interest , solely and only from the Net Revenues of
the System. The principal and interest on this bond are secured by
the statutory lien hereinbefore mentioned. This bond and the
interest thereon is not an indebtedness of the City within the
meaning of any constitutional, charter or statutory limitation.
The City of Livonia has covenanted and agreed, and does hereby
covenant and agree, to maintain at all times while any of said
bonds are outstanding, such rates for service furnished by said
Water Supply and Wastewater System as shall be sufficient to
provide for the payment of expenses of administration and operation
and such expenses for maintenance of said System as may be
necessary to preserve the same in good repair and working order, to
provide for the payment of interest upon and the principal of all
bonds payable therefrom as and when the same become due and payable
and for the maintenance of a reserve therefor, and to provide for
such other expenditures and funds for said System as are required
by said Ordinances.
This bond is transferable only upon the books of the City kept
for that purpose at the office of the transfer agent by the
registered owner hereof in person, or by the registered owner's
attorney duly authorized in writing, upon the surrender of this
bond together with a written instrument of transfer satisfactory to
the transfer agent duly executed by the registered owner or the
registered owner's attorney duly authorized in writing, and
thereupon a new registered bond or bonds in the same aggregate
principal amount and of the same maturity shall be issued to the
transferee in exchange therefor as provided in the Ordinance
authorizing the bonds, and upon the payment of the charges, if any,
therein prescribed.
It is hereby certified and recited that all acts, conditions
tim and things required by law, precedent to and in the issuance of
this bond and the series of which this is one have been done and
performed in regular and due time and form as required by law.
27688
IN WITNESS WHEREOF, the City of Livonia, County of Wayne,
State of Michigan, by its City Council, has caused this bond to be
executed with the facsimile signatures of its Mayor, City Clerk and
10 Treasurer and a facsimile of the corporate seal of the City to be
hereunto printed hereon, all as of the Date of Original Issue.
CITY OF LIVONIA
By
Mayor
(SEAL)
Countersigned:
City Clerk
Treasurer
ir
Certificate of Authentication
This bond is one of the bonds described in the within-
mentioned Ordinances.
NBD BANK, N.A.
Detroit, Michigan
Transfer Agent
By
Authorized Signatory
Date of Registration:
27689
Covenant Regarding Tax Exempt Status of the Bonds
Section 12 . The City shall, to the extent permitted by law,
take all actions within its control necessary to maintain the
exclusion of the interest on the Bonds from gross income for
federal income tax purposes under the Internal Revenue Code of
1986, as amended, (the "Code") including, but not limited to,
actions relating to any required rebate of arbitrage earnings and
the expenditure and investment of Bond proceeds and moneys deemed
to be Bond proceeds, and to prevent the Bonds from being or
becoming "private activity bonds" as that term is used in
Section 141 of the Code. The City hereby designates the Bonds as
"qualified tax exempt obligations" for purposes of deduction of
interest by financial institutions.
Severability
Section 13 . If any section, paragraph, clause or provision
of this Ordinance shall be held invalid, the invalidity of such
section, paragraph, clause or provision shall not affect any of the
other provisions of this Ordinance.
Repealing Section
Section 14 . All ordinances, resolutions or orders, or parts
thereof, in conflict with the provision of this Ordinance are, to
the extent of such conflict, hereby repealed.
Publication and Recording
Section 15. This Ordinance shall be recorded in the minutes
of the meeting of the Council at which it was adopted immediately
after its passage, which record shall be authenticated by the
signatures of the Mayor and City Clerk of said City, and shall be
published once in the Observer-Eccentric, a newspaper of general
circulation within said City, promptly after its adoption.
Effective Date
Section 16. This Ordinance shall become effective
immediately upon its adoption and publication.
27690
A roll call vote was taken on the foregoing ordinance with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor.
NAYS: None.
The President declared the ordinance adopted.
McGee returned to the podium at 8:52 p.m.
A communication from the Planning Director, dated May 10, 1993,
re: Petition 93-3-3-2 by Christine Grudzien to vacate 10 ft. of the 20 ft.
easement located to the north and rear of property located at 38052 Joy
Road to move an existing fence was received and placed on file for the
information of the Council. (CR 192-93)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
igmo #458-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 12, 1993, which sets
forth its resolution 4-72-93, adopted on April 6, 1993, with
regard to Petition 91-1-1-2 (rehearing), submitted by William
Roskelly for a change of zoning on property located on the east
side of Stonehouse Avenue between Joy Road and Minton Avenue in
the Southeast 1/4 of Section 31, from PL and RUF to R-1, and the
Council having conducted a public hearing with regard to this
matter on May 26, 1993, pursuant to Council Resolution 295-93,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 91-1-1-2 (rehearing) is
hereby approved and granted; and the City Planner is hereby
instructed to cause the necessary map for publication to be
prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#459-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 1993, which sets
forth its resolution 3-55-93, adopted on March 9, 1993, with
regard to Petition 92-12-1-28, submitted by the City Planning
Commission pursuant to Council Resolution 723-92, for a change of
zoning on property located on the north side of Puritan Avenue
27691
between Henry Ruff and Middlebelt Roads in the Northeast 1/4 of
4. Section 14, from R-1 to RUFA, and the Council having conducted a
public hearing with regard to this matter on May 26, 1993,
pursuant to Council Resolution 259-93, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 92-12-1-28 is hereby approved and granted; and the
City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#460-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 1993, which sets
forth its resolution 3-56-93, adopted on March 9, 1993, with
regard to Petition 92-12-1-29, submitted by the City Planning
Commission pursuant to Council Resolution 723-92, for a change of
zoning on property located on the south side of Puritan Avenue
between Oporto and Middlebelt Roads in the Southeast 1/4 of
Section 14 from R-1 to RUF, and the Council having conducted a
public hearing with regard to this matter on May 26, 1993,
pursuant to Council Resolution 259-93, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 92-12-1-29 is hereby approved and granted; and the
City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#461-93 RESOLVED, that having considered a communication from
the Livonia Arts Commission, dated May 6, 1993, approved by the
Finance Director and approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept a
cash donation in the amount of $765.00 from Midwest Guaranty
Bank, the said amount to be credited and appropriated to the Arts
Trust Fund Account 724-000-690-010 to cover the costs involved in
the Music Under the Stars concert featuring the Johnny Trudell
Big Band.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
27692
#462-93 RESOLVED, that having considered a communication dated
May 24, 1993, from the Department of Law transmitting for Council
acceptance eleven Grants of Easement, more particularly described
as:
1. Grant of Easement dated February 13, 1993, executed by
Robert J. Gruenewald and Cindy Gruenewald, his wife, to the
City of Livonia, for:
The West 12 feet; and also the North 12 feet of the South 27
feet of the following parcel:
The East 1/2 of the West 1/2 of the S.E. 1/4 of the N.W. 1/4
of the S.E. 1/4 of the N.W. 1/4 of Section 12, T. 1 S. , R. 9
E. , City of Livonia, Wayne County, Michigan, except the
North 30 feet thereof. Parcel No 046-99-0143-000
2. Grant of Easement dated January 6, 1993, executed by Joyce
Drayton to the City of Livonia, for:
The South 12 feet of the West 160 feet of the East 190 feet
of Lot 129, Park Woods Subdivision, as recorded in Liber 67,
page 13, Wayne County Records, said subdivision, being a
part of the N.E. 1/4 of Section 13, T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan. Parcel No.
049-01-0129-000
lir 3. Grant of Easement dated February 20, 1993, executed by
Ronald Cook and Joanne Cook, his wife, to the City of
Livonia, for:
The South 12 feet of the following described parcel:
That part of the S.W. 1/4 of Section 1, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant North 550.0 feet and West 330.0
feet from the South 1/4 corner of Section 1 and proceeding
thence West, 332.74 feet; thence North 110.0 feet; thence
East, 333.0 feet; thence South 110.0 feet to the point of
beginning except the East 30.0 feet thereof 0.76 acre.
Parcel No. 003-99-0050-000
4. Grant of Easement dated November 12, 1992, executed by
Lenore Devane to the City of Livonia, for:
A 6 foot easement for storm sewer described as follows:
The North 6 feet of Lot 49, Newman Joy Road Subdivision, as
recorded in Liber 66, page 19, Wayne County Records, said
subdivision being a part of the S.W. 1/4 of Section 36, T. 1
S. , R 9 E. , City of Livonia, Wayne County, Michigan
Sidwell No. 143-01-0049-000
27693
5. Grant of Easement dated February 25, 1993, executed by
L. Daniel & Carolyn Killeen, his wife, to the City of Livonia,
for:
A 6 foot easement for storm sewer described as follows:
The South 6 feet of Lot 48, Newman Joy Road Subdivision, as
recorded in Liber 66, page 19, Wayne County Records, said
subdivision being a part of the S.W. 1/4 of Section 36, T. 1
S. , R. 9 E. , City of Livonia, Wayne County, Michigan.
Sidwell No. 143-01-0048-000
6. Grant of Easement dated February 26, 1993, executed by
Robert Hubel, a single man, to the City of Livonia, for:
The North 12 feet of the South 183 feet of the following
described parcel:
The West 65 feet of the East 195 feet of the N.W. 1/4 of the
S.E. 1/4 of the N.E. 1/4 of the N.W. 1/4 of Section 12
except the South 30 feet thereof. Parcel No.
046-99-0059-000
7. Grant of Easement dated January 29, 1993, executed by John
R. Borth and Sebrina D. Borth, husband and wife, to the City
of Livonia, for:
The North 12 feet of the South 183 feet of the following
described parcel:
The N.W 1/4 of the S.E. 1/4 of the N E. 1/4 of the N.W. 1/4
of Section 12 except the East 195 feet thereof and also
except the West 65 feet thereof and also except the South 30
feet thereof. Parcel No. 046-99-0060-000
8. Grant of Easement dated February 24, 1993, executed by
Donald Jones and Mercedes W. Jones, his wife, to the City of
Livonia, for:
The North 12 feet of the West 115 feet of Lot 128 and also
the West 12 feet of the East 42 feet of Lot 128, Park Woods
Subdivision, as recorded in Liber 67, page 13, Wayne County
Records, said subdivision being a part of the N.E. 1/4 of
Section 13, T. 1 S. , R. 9 E. , City of Livonia, Wayne
County, Michigan. Parcel No. 049-01-0128-000
9. Grant of Easement dated November 16, 1992, executed by
Victor Diachenko and Zina Diachenko, his wife, to the City
of Livonia, for:
The North 8 feet of Lot 33, Thomas F. O'Connor's Park View
Acres Subdivision as recorded in Liber 69, page 24, Wayne
County Records, said subdivision being a part of the S.E.
1/4 of Section 12, T 1 S , R 9 E. , City of Livonia, Wayne
County, Michigan. Parcel No. 048-01-0033-000
27694
10. Grant of Easement dated November 2, 1992, executed by
Brendan Moore and Emily Moore, his wife, to the City of
Livonia, for:
A 12 foot easement for storm sewer described as follows:
The East 12 feet of Lot 650, Supervisor's Livonia Plat No.
10, as recorded in Liber 66, pages 61, 62 and 63, Wayne
County Records, said plat being a part of the East 1/2 of
Section 15, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan. Sidwell No. 060-01-0650-000
11. Grant of Easement dated November 20, 1992, executed by
Robert Stroupe and Rosalie Stroupe, his wife, to the City of
Livonia, for:
The West 12 feet of the East 42 feet of Lot 127, Park Woods
Subdivision, as recorded in Liber 67, page 13, Wayne County
Records, said subdivision being a part of the N.E 1/4 of
Section 13, T. 1 S. , R. 9 E , City of Livonia, Wayne County,
Michigan. Parcel No. 049-01-0127-000
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement and the City
Clerk is hereby requested to have the same recorded in the Office
of the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was:
#463-93 RESOLVED, that having considered an application from
Mary Kavanagh, 18903 Van Road, Livonia, Michigan 48152, dated May
26, 1993, requesting permission to close Van Road south of Seven
Mile Road on Sunday, June 13, 1993, from 2:00 p.m. to 7:00 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.
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was:
#464-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
27695
#465-93 RESOLVED, that having considered a letter from Ken
L Klassa and Donna Klassa, 34325 Seven Mile Road, Livonia, Michigan
48152, dated May 26, 1993, wherein a request is submitted for the
City to assume 50% of the cost of installing sidewalk in front of
their property on Seven Mile Road, the Council does hereby
approve this request and for this purpose does hereby appropriate
a sum of $1,554.30 from the Motor Transportation Fund (Major Road
Account); and the Engineering Department, the City Clerk and the
City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#466-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 523-89 in connection
with a communication from the City Planning Commission, dated
March 17, 1989, which sets forth its resolution 2-31-89, adopted
on February 28, 1989, with regard to Petition 88-12-1-39,
submitted by John Mahn, for a change of zoning on property
located on the east side of Wayne Road, south of Ann Arbor Trail
in the Southwest 1/4 of Section 33, from R-1 to C-2, and the
Council having conducted a public hearing with regard to this
matter on May 22, 1989, pursuant to Council Resolution 311-89,
iftv the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 88-12-1-39 is hereby
denied for the same reasons as those set forth in the action
taken by the Planning Commission.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#467-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 576-89 in connection
with a communication from the City Planning Commission, dated
September 2, 1988, which sets forth its resolution 8-140-88,
adopted on August 16, 1988, with regard to Petition 88-7-1-19,
submitted by S.E.M.M. Co. , for a change of zoning on property
located on the north side of Seven Mile Road, east of Shadyside
in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1, and
the Council having conducted a public hearing with regard to this
matter on October 12, 1988, pursuant to Council Resolution
891-88, and the petitioner having amended his request to P.S.
from C-1, by letter dated August 19, 1988, with respect to the
land located east of the existing road (Mayfield as extended),
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 88-7-1-19 is hereby
im. denied for the same reasons as those set forth in the action
taken by the Planning Commission.
27696
On a motion by Feenstra, seconded by McGee, and unanimously
iw. adopted, it was:
##468-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 574-91 in connection
with a communication from the City Planning Commission, dated
June 25, 1991, which transmits its resolution 6-105-91, adopted
on June 4, 1991, with regard to Petition 91-5-8-9, submitted by
Michael S. Downes and Associates, requesting site plan approval
in connection with a proposal to construct multi-family housing
units on the north side of Seven Mile Road between Merriman and
Farmington Roads in Section 3, pursuant to the provisions set
forth in Section 8.02 of Ordinance No. 543, as amended, the
Council does hereby determine to take no further action.
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#469-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 361-88 in connection
with a report from the Chief of Police which sets forth budgetary
implications of establishing a full-time Crime Prevention Bureau
in the Division of Police and which is also submitted pursuant to
Council Resolution 1011-87 in connection with a communication
from the Chief of Police, which transmits manpower
recommendations for the next three budget years, the Council does
hereby determine to take no further action.
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#470-93 RESOLVED, that having considered the report and
recommendation of the Committee of the whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 428-89 in connection
with a communication from Councilman Feenstra, dated April 28,
1989, wherein it is proposed that the rules of the Council as set
forth in Chapter 2.04 of the Livonia Code of Ordinances be
revised and amended with regard to requests made by members of
the Council to defer action on any particular item to another
meeting, the Council does hereby request that the Department of
Law prepare and submit to Council an appropriate amendment to
Section 2.04 090 of the Livonia Code of Ordinances, as amended.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
27697
#471-93 RESOLVED, that having considered the report and
tir recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 156-92 in connection
with a proposal which would establish a 90-day limitation with
respect to items which have been referred to committee insofar as
requiring that they be reported on or voted on during such
period, the Council does hereby determine to take no further
action.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#472-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 159-92 in connection
with a proposed resolution that would rescind and repeal Council
Resolution 3-92, adopted on January 6, 1992, the Council does
hereby determine to take no further action
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#473-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
Lat and submitted pursuant to Council Resolution 160-92 in connection
with the matter of election of City Council President for the
term of office January 1, 1993 through December 31, 1993, the
Council does hereby determine to take no further action.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#474-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 161-92 in connection
with the matter of the rescinding and repealing of Council
Resolution 4-92, adopted on January 6, 1992, the Council does
hereby determine to take no further action.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#475-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 2, 1993,
and submitted pursuant to Council Resolution 162-92 in connection
with the matter of amending and revising Council Resolution 2-92,
adopted on January 6, 1992, the Council does hereby determine to
take no further action.
27698
On a motion by Jurcisin, seconded by Feenstra, and unanimously
ir1adopted, it was:
#476-93 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated May 7, 1993, and
the report and recommendation of the Chief of Police, dated June
7, 1993, the Council does hereby approve of the request of
Romano's Macaroni Grill, Inc. , (a Texas Corporation) to transfer
ownership of 1990 Class C licensed business with Official Food
Permit located in escrow at 20500 Newburgh, Livonia, Michigan
48152, Wayne County, from City of Livonia Parks and Recreation
Commission and Nikolaos Moutafis (co-licensees); the Council does
further approve the transfer of location to Haggerty and Seven
Mile Road, Livonia, Michigan 48152, Wayne County; FURTHER, the
Council does hereby approve cancelling the Outdoor Service and
dropping Direct Connection; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#477-93 RESOLVED, that the Council does hereby request that the
Engineering Department submit a report and recommendation on the
question of the lack of progress of sidewalk construction on both
the east and west sides of Merriman Road between Schoolcraft and
Six Mile Roads.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#478-93 RESOLVED, that the Council does hereby request that the
Engineering Department submit its report and recommendation on
the question of the lack of sidewalk on the north side of Seven
Mile Road between Ben Celani Park and Bicentennial Park.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, this 1,250th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:13 p.m. , June 7, 1993.
im. 791A 6,ZE,
Jjn McCotter, City Clerk