HomeMy WebLinkAboutCOUNCIL MINUTES 1992-08-31 27163
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 31, 1992, 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 8:03 p m Councilman McGee called for a moment
of silence in memory of Kirk Randolph, a Livonia police cadet killed last
Friday in an automobile accident Clint Hargrave from American Legion Post
1132 and Don McLean from Disabled American Veterans Chapter 11114 were
recognized by Councilman McGee and asked to lead in the Pledge of Allegiance
Roll was called with the following result: Present: Michael P.
McGee, Dale A. Jurcisin, Gerald Taylor, Ron Ochala, Fernon P Feenstra,
Sean P. Kavanagh, and Laura M. Toy. Absent: None.
Elected and appointed officials present: Robert D. Bennett,
Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul
Galindo, City Engineer; John Nagy, Planning Director; Karen A. Szymula,
Director of Legislative Affairs; David N Preston, Finance Director; John
Fegan, Director of Inspection; Ray Tent, Planning Commission; Suzanne
Wisler, Director of Community Resources; and Dorothy Wilshaw, Arts
Commission.
On a motion by Taylor, seconded by Kavanagh, and unanimously*
adopted, it was:
#660-92 RESOLVED, that the minutes of the 1,230th Regular
Meeting of the Council of the City of Livonia, held August 19,
1992, are hereby approved as submitted.
*Councilman Taylor abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2 04.190B of the Livonia Code of
Ordinances
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No one wished to speak during the audience communication portion
at the beginning of the meeting
A communication from the Department of Law, dated August 19,
1992, re: Pentagon Properties Ltd Partnership v City of Livonia, and City
of Livonia Zoning Board of Appeals, Wayne County Circuit Court Civil Action
No. 91-104217-NZ; Court of Appeals Docket No 142081, was received and
placed on file for the information of the Council
A communication from the Department of Finance, dated August 20,
1992, re: various financial statements of the City of Livonia for the month
ending July 31, 1992, was received and placed on file for the information
of the Council
On a motion by Ochala, seconded by Taylor, it was:
#661-92 RESOLVED, that having considered a letter from the
Executive Director of the Friends of the Rouge, 12763 Stark Road,
Suite 208, Livonia, Michigan 48150, dated August 12, 1992, the
Council does hereby take this means to indicate that the Friends
of the Rouge is recognized as a non-profit organization operating
in the community, the action taken herein being for the purpose
of affording the Friends of the Rouge an opportunity to obtain a
gaming license from the State of Michigan in accordance with
provisions of State Statute
A communication from the Inspection Department, dated August 7,
1992, re: trash problems caused to adjoining residential property due to
proximity of Brose Electric, Pro Golf and Fountain View Shopping Center
pursuant to the rezoning of property at that location, was received and
placed on file for the information of the Council (CR 301-92)
#662-92 RESOLVED, by the City Council of the City of Livonia,
that the annual Christmas Parade be, and hereby is approved for
Saturday, November 21, 1992, beginning at 9 00 a m. ; and that the
Wayne County Road Commission is hereby requested to close Six
Mile Road, from Inkster to Middlebelt Road, between the hours of
6:00 a m. and 11:00 a m ; Seven Mile Road, from Merriman to
Inkster, between the hours of 9:00 a.m. and 11 00 a.m ; and
Middlebelt Road, from Six Mile to Eight Mile, between the hours
of 8:30 a m and 11:00 a m ; or until the road is returned to
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normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of
ihs the road closure, and that Lieutenant Joseph Derscha is hereby
designated and authorized to sign the road closure permit on
behalf of the City of Livonia
A communication from the Division of Police, dated August 4,
1992, re current accident experience at the intersection of Seven Mile and
Newburgh Roads, was received and placed on file for the information of the
Council. (CR 592-92)
#663-92 RESOLVED, that having considered a letter from the
Chief of Police, dated August 4, 1992, approved for submission by
the Mayor and submitted pursuant to Council Resolution 592-92
regarding current accident experience at the intersection of
Seven Mile and Newburgh Roads, the Council does hereby refer this
item to the Streets, Roads and Plats Committee and the Traffic
Commission for their information.
#664-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Chairperson of the Historical Commission, dated August 5, 1992,
approved by the Finance Director and approved for submission by
lip the Mayor, the Council does hereby authorize Simpson Granite,
23466 Grand River, Detroit, Michigan 48219, to proceed with the
completion of the revised Phase II of the monument repair work
required at Newburg Cemetery for the price of $4,000.00, the same
to be appropriated from the 1992 Historical Commission budget
($2,000.00 from Account #1101-737-976-210, $720.00 from Account
#1101-737-931-210 and $1,280 00 from Account ##101-737-931-220) for
this purpose; FURTHER, the Council does hereby authorize the said
item without competitive bidding in accordance with Section
3 04 140D5 of the Livonia Code of Ordinances, as amended
#665-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 13,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Royal Roofing, Inc. , 14201 Schaefer, Detroit,
Michigan 48227, for completing all work required for the roof
replacement of the Whispering Willows Clubhouse for a total price
of $43,660.00, the same having been in fact the lowest bid
received for this item; and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this
16. resolution
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#666-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
ibm August 17, 1992, 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 the Senior Alliance grants to the
Department of Community Resources, and the Council does further
approve the execution of the contract with the Senior Alliance
which does require matching in kind, which are as follows
Personal Care $20,000 (Federal)
Homemaker 21,677 (Federal)
Chore 9,217 (Federal)
Respite 7,800 (State)
FURTHER, the Council does hereby approve the attached grant
classifications and pay rates, which are based on actual funding
level for each grant program, and which shall commence on October
1, 1992 and terminate on September 30, 1993, with the only
benefit provided being holiday pay after completion of 480 hours
#667-92 RESOLVED, that having considered a communication dated
August 12, 1992, from the Department of Law transmitting for
Council acceptance a Natural use, Scenic and Open Space Easement,
more particularly described as
Natural Use, Scenic and Open Space Easement, dated August 7,
1992, executed by David W Schostak, Vice President of Seven
Ihs
Mile/Farmington Venture Limited Partnership, a Michigan
limited partnership, by Seven Mile/Farmington, Inc. , a
Michigan corporation, General Partner, to the City of
Livonia, for the following described property:
The South 60 feet of the East 160 feet of the following
parcel of land
That part of the S E 1/4 of Section 4, T. 1 S. , R. 9
E. , City of Livonia, Wayne County, Michigan, described
as: Beginning at the intersection of the W line of
Farmington Road with the N. line of Seven Mile Road,
which point is distant S 89° 57' 10" W , 60.00' and N.
00° 00' 50" W , 60.00' from the S.E. corner of said
Section 4; thence along the N. line of said Seven Mile
Road, S 89° 57' 10" W. , 886 20' ; thence N. 00° 00' 50"
W. , 640 00' ; thence N 62° 55' 45" E. , 275.11' ; thence
N. 89° 57' 10" E. , 200 00' ; thence S. 00° 00' 50" E. ,
150.00' ; thence N. 89° 57' 10" E , 441.20' to a point
on the W line of said Farmington Road; thence along
said line, S 00° 00' 50" E. , 615 00' to the point of
beginning 046-016-99-0016-003
the Council does hereby, for and on behalf of the City of
Livonia, accept the aforesaid Natural Use, Scenic and Open Space
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
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#668-92 RESOLVED, that Basney & Smith, Inc , 33177 Schoolcraft
Road, Livonia, MI 48150, as proprietors, having requested the
City Council to approve the proposed preliminary plat of the
following subdivision: Camborne Pines Subdivision located east
of Middlebelt Road and south of Six Mile Road in the Northwest
1/4 of Section 13, the said proposed preliminary plat being dated
May 3, 1991; and it further appearing that tentative approval of
such preliminary plat was given by the City Planning Commission,
after due notice and a public hearing on April 30, 1991; and it
further appearing that such preliminary plat, together with
development plans and specifications for improvements therein
have been examined and approved by the Engineering Department as
is set forth in the report of that department dated July 24,
1992; therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions:
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provision of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters 16 04
through 16 24 of the Livonia Code of Ordinances, as amended; the
Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Engineering Department and
the Development Plans submitted by the proprietor and approved by
such department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution; failing this,
the approval contained herein shall be considered null, void and
of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as amended;
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final
approval of the Engineering Department, and such improvements
shall not be considered as having been satisfactorily and
completely installed until there is filed with the City Council
the certificate as provided in Section 16.24.370 of the said
Subdivision Control Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of
time and in the prescribed manner, all improvements required to
the extent required by the City of Livonia and as shown on the
approved development plans;
(5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations;
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(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there has
been compliance with all other requirements of State Statute, the
Subdivision Control Act, the Subdivision Control Ordinance and
this resolution;
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate surety
bona, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved by
the Department of Law guaranteeing the satisfactory installation
of all such improvements, utilities and grading by the proprietor
within the prescribed period; that in the event the proprietor
elects to deposit such financial assurances the same shall be in
the following amounts
a) General Improvement Bond $167,000.00, of which at least
$10,000 00 shall be in cash;
b) Grading & Soil Erosion $2,000 00, of which at least
$1,500.00 shall be in cash;
c) Landscaping $7,500 00, of which at least
$2,000 00 shall be in cash;
d) Monuments & Lot Markers $315.00 (all cash);
and require cash payments in the total amount of $12,745.00.
In accordance with the recommendation of the City Engineer,
waivers will be included permitting construction of streets which
are 24' wide, 7" uniform concrete with mountable curb (as opposed
to 27' wide pavement) and sidewalks will be omitted in the
subdivision. In addition, distribution lines for telephone and
electric services are to be placed underground and ornamental
street lights are to be provided throughout the subdivision.
#669-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 10, 1992,
approved for submission by the Mayor, the Council does hereby
authorize the release to Phoenix Land Development Corporation,
33481 West Fourteen Mile Road, Suite 100, Farmington Hills,
Michigan 48331, the proprietor of Pine Cove Estates Subdivision,
located in the Southeast 1/4 of Section 36, of the financial
assurances previously deposited with respect to Landscaping/
Entrance Marker Bond in the amount of $8,000.00 ($4,000 00
low minimum cash), the Survey Monument Bond in the amount of
$1,500 00 (cash) and the $25,000.00 cash payment to the City for
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street lighting contribution, pursuant to Council Resolution
655-91 adopted on August 19, 1991 and subsequently amended in
1:: Council Resolution 129-92; FURTHER, all other financial
assurances now on deposit with the City, if any, with respect to
this subdivision shall remain the same and unchanged; and the
action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia
#670-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 6, 1992, which
transmits its resolution 7-414-92 adopted on July 21, 1992, with
regard to Petition 92-5-3-3, submitted by Walter and Shirley
Gladkowski, requesting the vacating of a 12' wide public
utilities easement on the north side of Lot 22, Arbor Park View
Subdivision, located on the southeast corner of Ann Arbor Trail
and Hanlon Avenue in the Southwest 1/4 of Section 33, the Council
does hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said Petition 92-5-3-3;
and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution.
A roll call vote was taken on the foregoing resolutions with the following
result
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy.
NAYS: None
Taylor took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY
OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 91-12-1-24)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
16 become effective on publication
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On a motion by Jurcisin, seconded by Ochala, and unanimously
Ibm adopted, it was
#671-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated August 17,
1992, submitted pursuant to Council Resolution 75-92 in
connection with a communication from Fernon P. Feenstra, received
by the Office of the City Clerk on January 16, 1992, which sets
forth a number of questions with regard to the activities of the
Livonia Anniversary Committee, Inc (Livonia Spree), and having
also considered a response thereto from the Mayor and Vice
President of the Livonia Anniversary Committee dated March 16,
1992, the Council does hereby determine to receive and place this
item on file for the information of the Council.
On a motion by Jurcisin, seconded by Ochala, it was
#672-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 17,
1992, and submitted pursuant to Council Resolution 227-92 in
connection with a letter from the Vice President of the Livonia
Anniversary Committee, Inc. , dated January 30, 1992, the Council
does hereby request that the Board of Directors of the Livonia
Anniversary Committee revise the by-laws of the Livonia
Anniversary Committee so as to henceforth require that a member
of the City Council shall serve on the Board of Directors of the
Livonia Anniversary Committee on a continuing and permanent
basis.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, and Kavanagh.
NAYS: Toy.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Kavanagh, it was:
#673-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 17,
1992, and submitted pursuant to Council Resolution 227-92 in
connection with a letter from the Vice President of the Livonia
Anniversary Committee, Inc. , dated January 30, 1992, the Council
does hereby request that the Livonia Anniversary Committee
earmark 50% of the net proceeds of all future Spree celebrations
for donation to the Parks and Recreation Department of the City
of Livonia.
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A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Jurcisin, Taylor Ochala, Feenstra, and Kavanagh.
NAYS Toy
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#674-92 WHEREAS, the Livonia Anniversary Committee, Inc. was
incorporated March 23, 1971, as a non-profit corporation under
the laws of the State of Michigan; and
WHEREAS, its primary purpose is to promote and conduct
activities in connection with celebrating anniversaries of the
incorporation of the City of Livonia; and
WHEREAS, since 1971, it has been the objective of the City of
Livonia to recognize its anniversary with an annual "Spree"
celebration in cooperation with the Livonia Anniversary
Committee, Inc ; and
imor WHEREAS, such annual celebrations encourage participation by all
segments of this City's population and serve to foster a sense of
civic pride; and
WHEREAS, it is deemed to be in the best interests of this
community to continue the practice of such annual civic
celebrations,
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby
take this means to approve and designate the Livonia Anniversary
Committee, Inc. as the official and authorized organization to
conduct and present annual "Spree" celebrations on a continuing
basis, the approval herein being made subject to any further
determination of the City Council
On a motion by Feenstra, seconded by McGee, it was:
#675-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 17,
1992, and submitted pursuant to Council Resolution 354-92 with
regard to the City Council's continuing approval of annual
"SPREE" celebrations conducted by the Livonia Anniversary
Committee, Inc. , the Council does hereby take this means to
indicate that the City of Livonia will henceforth be a co-sponsor
Low for annual "SPREE" celebrations in cooperation with the Livonia
Anniversary Committee, Inc.
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A roll call vote was taken on the foregoing resolution with the following
result
AYES: McGee, Jurcisin, Taylor, Ochala, and Feenstra
NAYS Kavanagh and Toy.
The President declared the resolution adopted.
The Livonia Anniversary Committee Financial Statement for "SPREE
42", year ending September 30, 1992, was received and placed on file for
the information of the Council.
A communication from the Mayor, dated August 17, 1992, re: costs
incurred for wages, including overtime, during "SPREE 40," "SPREE 41," and
"SPREE 42" by the Police Department, Fire Department, and D.P.W. was
received and placed on file for the information of the Council.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#676-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992, and submitted pursuant to Council Resolution 613-92 in
connection with a communication from the City Planning
Commission, dated May 19, 1992, which sets forth its resolution
5-363-92, adopted on May 5, 1992, with regard to Petition
92-3-1-6, submitted by Lidia Veri for Livonia Builders, Inc. , for
a change of zoning on property located on the south side of Six
Mile Road between Henry Ruff and Merriman Roads in the Northwest
1/4 of Section 14, from RUFC to R-2, and the Council having
conducted a public hearing with regard to this matter on July 20,
1992, pursuant to Council Resolution 455-92, the Council does
hereby concur in the recommendation of the Planning Commission
and the said Petition 92-3-1-6 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 Taylor, and unanimously
adopted, it was:
#677-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
Lit 1992 and submitted pursuant to Council Resolution 405-92 in
connection with a communication from the City Planning
Commission, dated March 9, 1992, which sets forth its resolution
2-219-92, adopted on February 25, 1992, with regard to Petition
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92-1-1-1, submitted by T Rogvoy Associates, Inc. for Chili's of
Michigan, for a change of zoning on property located on the east
L
side of Middlebelt Road, north of Schoolcraft Road in the
Southwest 1/4 of Section 24 from OS to C-2, and the Council
having conducted a public hearing with regard to this matter on
May 6, 1992, pursuant to Council Resolution 268-92, the Council
does hereby reject the recommendation of the Planning Commission
and Petition 92-1-1-1 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 No. 543, as amended, in
accordance with this resolution
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#678-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992, and submitted pursuant to Council Resolution 405-92, the
Council does hereby request that the Chief of Police submit a
report and recommendation with regard to an alleged drug problem
which may exist at the Comfort Inn located north of Schoolcraft
and east of Middlebelt.
Lan a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
#679-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992 and submitted pursuant to Council Resolution 187-92 in
connection with a communication from the City Planning
Commission, dated February 7, 1992, which transmits its
resolution 2-211-92, adopted on February 4, 1992, with regard to
Petition 91-12-2-35, submitted by Mark Wibel requesting waiver
use approval to operate a full service restaurant in an existing
shopping center located on the south side of Five Mile Road
between Middlebelt and Beatrice in the Northeast 1/4 of Section
23, which property is zoned C-2, and having also considered a
letter from the petitioner, dated August 7, 1992, wherein it is
requested that the said petition be withdrawn from further
consideration, the Council does hereby determine to take no
further action.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
L
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#680-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992, and submitted pursuant to Council Resolution 188-92 in
connection with a communication from the City Planning
Commission, dated February 5, 1992, which transmits its
resolution 2-214-92, adopted on February 4, 1992, with regard to
Petition 91-12-2-36, submitted by Mark Wibel, requesting waiver
use approval to utilize a Class C liquor license in connection
with a proposed restaurant to be located on the south side of
Five Mile Road between Middlebelt and Beatrice in the Northeast
1/4 of Section 23, which property is zoned C-2, and having also
considered a letter from the petitioner, dated August 7, 1992,
wherein it is requested that the said petition be withdrawn from
further consideration, the Council does hereby determine to take
no further action
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#681-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992 and submitted pursuant to Council Resolution 426-92 in
connection with a communication from the City Planning
Commission, dated May 11, 1992, which transmits its resolution
5-368-92, adopted on May 5, 1992, with regard to Petition
92-4-2-16, submitted by Rally's Inc. , requesting waiver use
approval to construct a Rally's drive-thru restaurant on property
located on the north side of Plymouth Road between Farmington and
Stark Roads in the Southeast 1/4 of Section 28, which property is
zoned C-2, the Council does hereby refer this item back to the
Committee of the Whole for further consideration.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#682-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992, and submitted pursuant to Council Resolution 460-92 in
connection with a communication from the City Assessor, dated
April 30, 1992, approved for submission by the Mayor, with regard
to a request from Ronald Borkowski, P 0 Box 52232, Livonia,
Michigan 48152, for a division and combination of Tax Item Nos.
46 099 99 0031 000 and 46 099 99 0032 000 into four (4) parcels,
and having also considered a letter from the petitioner dated
June 29, 1992 requesting that this matter be withdrawn from
further consideration, the Council does hereby determine to take
no further action.
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On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#683-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 18,
1992, and submitted pursuant to Council Resolution 767-91 in
connection with a proposed amendment to the Zoning Ordinance
submitted by the Department of Law by letter dated August 27,
1991 with regard to Petition 91-4-1-9 submitted by B & K
Development, Inc. , for a change of zoning on property located on
the north side of Plymouth Road west of Newburgh Road in the
Southeast 1/4 of Section 30, from RUF to R-1 (Rural Urban Farm to
one Family Residential - 60' x 120' lot) and which received first
reading by Councilman Robert R. Bishop on September 11, 1991, and
having considered a letter from the petitioner dated September
27, 1991 requesting this matter be withdrawn from further
consideration, the Council does hereby determine to take no
further action.
Taylor gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 92-3-3-2)
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
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3. THERETO.
(Petition 92-5-1-10)
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.
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Feenstra invoked the Emergency Clause and gave second reading to
Lim the foregoing Ordinance and a roll call vote was taken thereon with the
following result
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3. THERETO
(Petition 92-4-1-8)
lim The legal description of the foregoing Ordinance is being revised to expand
the area being rezoned to C-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
Taylor invoked the Emergency Clause and gave second reading to
the foregoing Ordinance, as revised.
Kavanagh read into the minutes a portion of a letter dated July
30, 1992, submitted by Lawrence G. Schweiger and Raymond Suarez of the
Disabled American Veterans, Chapter 114, which consisted of the following:
"We stipulate that in the event, for some reason, we are
unsuccessful in fulfilling our request, we would relinquish our
rezoning change granted by this Council, and have the property
revert back to its original zoning of RUF - Rural Urban Farm."
27177
A roll call vote was taken thereon with the following result:
liw
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 120
OF TITLE 2, CHAPTER 04 (RULES OF
THE COUNCIL) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED.
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
Jurcisin took from the table, for second reading and adoption,
law the following Ordinance:
AN ORDINANCE AMENDING TITLE 10, CHAPTER 48
(STOPPING, STANDING, PARKING & LOADING) OF
THE LIVONIA CODE OF ORDINANCES BY ADDING SUB-
SECTION A 3.c. TO SECTION 10.48.040 THEREOF.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Jurcisin took from the table, for second reading and adoption,
the following Ordinance:
27178
AN ORDINANCE AMENDING SECTION 120 A.2. ,
130 B. & 130 C AND REPEALING SECTIONS 040,
050 & 060 OF TITLE 10, CHAPTER 81 (MOTOR-
CYCLES, MOTOR-DRIVEN CYCLES, GO-KARTS &
SIMILAR VEHICLES) OF THE LIVONIA CODE OF
ORDINANCES.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madame 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 8:52 p m.
On a motion by Taylor, seconded by Jurcisin, it was:
#684-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1992, which transmits
its resolution 6-403-92, adopted on June 30, 1992, with regard to
a sign permit application submitted by Perry Drugs requesting
approval to erect two new wall signs on a building located at
33480 Seven Mile Road, 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 for Perry Drugs at 33480 Seven Mile,
prepared by Signart Inc is hereby approved and shall be
adhered to;
2) That this approval is subject to the same conditions as set
forth in Appeal Case No 9202-020 by the Zoning Board of
Appeals; and
3) That any additions to this particular sign shall be reviewed
by the City Planning Commission prior to any installation
27179
A roll call vote was taken on the foregoing resolution with the following
result
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: None
The President declared the resolution adopted.
McGee returned to the podium at 8 56 p m.
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#685-92 RESOLVED, that having received a Charter Amendment
Initiative Petition submitted to the City Clerk from "Livonia
Electors Allied for Progress" (L E A.P. ) on August 10, 1992, the
City Council does hereby direct, in accordance with the
provisions of MCLA 117.21, that the following question be placed
on the November 3, 1992 General Election ballot:
CITY OF LIVONIA PROPOSITION BALLOT
CHARTER AMENDMENT
DO YOU FAVOR AMENDING THE LIVONIA CITY CHARTER
TO REQUIRE THAT AT THE FIRST REGULAR MEETING OF
THE COUNCIL FOLLOWING EACH REGULAR CITY ELECTION,
THE COUNCIL SHALL DESIGNATE THE MEMBER RECEIVING
THE HIGHEST NUMBER OF VOTES IN THE REGULAR CITY
ELECTION TO SERVE AS PRESIDENT AND THE MEMBER
RECEIVING THE SECOND HIGHEST NUMBER OF VOTES IN
THE SAME ELECTION TO SERVE AS VICE PRESIDENT, WHICH
MEMBERS SHALL HOLD OFFICE UNTIL THE NEXT REGULAR
CITY ELECTION AND UNTIL THEIR SUCCESSORS HAVE BEEN
DULY DESIGNATED?
YES
NO
The President relinquished the Chair to the Vice President at 9:11 p.m.
On a motion by Feenstra, seconded by Jurcisin, it was:
#686-92 RESOLVED, that having considered a communication from
the City Clerk, dated August 24, 1992, with regard to an
LIN initiatory petition submitted by LEA P regarding a Charter
Amendment which would revise the manner in which the President
and Vice President of the City Council are selected, the Council
27180
does hereby request that the Department of Law submit its report
and recommendation with regard to the following questions:
1) In the event the proposed Charter Amendment were approved by
the electorate, what would be its effective date?
2) Would it be legally permissible for those members of the
Council who may finish first and second in a general
election to decline serving as President and/or Vice
President? And if so, what happens?
3) In the event there were vacancies and terms were not fully
served, in what manner would such vacancies be filled (in
order of finish, or by selection by a majority of the City
Council)?
4) In the event of vacancies, would members of the Council
elected at a prior election be disqualified from serving as
President or Vice President?
5) In the event the Charter Amendment were adopted, upon what
date would the newly elected President and Vice President
assume office (November or January)?
6) What obligations, if any, are imposed on a City Clerk by
Sec. 25 of the Home Rule Cities Act with respect to the
"canvass" of petitions? What does it mean to "canvass" the
petition; is it simply counting the signatures, or is some
additional review and approval required?
7) Must a Charter Amendment petition contain the customary
certifications of circulators and warnings to signers and
circulators which are required of petitions generally under
Sec. 544c of the Election Law?
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, Toy, Feenstra, Kavanagh, and
Ochala.
NAYS: None.
The Vice President declared the resolution adopted
The President resumed the Chair at 9:21 p m.
On a motion by Feenstra, seconded by Taylor, it was:
27181
#687-92 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 16, 1992 on all matters
required by Section 3 08 060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on August 12, 1992, after due notice as required by Section
3 08.070 of said Code, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3.08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting of a 28
foot wide full-depth asphalt pavement (approximately 7 1/2"
thick) with mountable asphalt curbs (Alternate III) of
Clarita Avenue from Melvin to Middlebelt in the Northeast
1/4 of Section 11, T 1S , R 9E , City of Livonia, Wayne
County, Michigan, as described in said statement; and to
defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the
benefits derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated June 16, 1992;
(4) determine that the estimated cost of such improvement is
$197,114 00;
16. (5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
thereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be 15% of
paving ($23,529.60) and 100% of drainage ($40,250 00) and
that the balance of said cost and expense of said public
improvement amounting to 85% shall be borne and paid by
special assessments on all lands and premises in the special
assessment district as herein established in proportion to
the benefits to be derived therefrom;
(7) determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
A Special Assessment District in the N E 1/4 of Section 11,
T. 1S.R.9E. , City of Livonia, Wayne County, Michigan,
described as containing the property listed on the attached
Special Assessment Roll and shown on the attached Special
Assessment District Map
27182
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of
land within the above district designated by the Council and
to assess to each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in
the special assessment district as the special benefits to
such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance
with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file
the same with the City Clerk who thereupon is directed
to present the same to the City Council prior to the
holding of the second public hearing thereon as
required by Section 3.08. 110 of the said Code.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, and Feenstra
NAYS: Kavanagh and Toy.
The President declared the resolution adopted
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was:
#688-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 19, 1992, which sets
forth its resolution 5-362-92, adopted on May 5, 1992, with
regard to Petition 92-3-1-5, submitted by Landmark for Richard
Gergis for a change of zoning on property located on the west
side of Middlebelt Road between Clarita Avenue and Seven Mile
Road, from C-1 to C-2, and the Council having conducted a public
hearing with regard to this matter on August 12, 1992, pursuant
to Council Resolution 456-92, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
92-3-1-5 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.
Ims
27183
On a motion by Ochala, seconded by Kavanagh, it was:
#689-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 19, 1992, which sets
forth its resolution 5-364-92, adopted on May 5, 1992, with
regard to Petition 92-4-1-7, submitted by Rissman Investment
Company for a change of zoning on property located on the south
side of Ann Arbor Road between Ann Arbor Trail and West Chicago
in the Northeast 1/4 of Section 31, from C-1 to C-2, and the
Council having conducted a public hearing with regard to this
matter on August 12, 1992, pursuant to Council Resolution 456-92,
the Council does hereby reject the recommendation of the Planning
Commission and the said Petition 92-4-1-7 is hereby denied for
the following reasons:
1) That the proposed change of zoning will provide for more
intensive land uses for the subject area, thus increasing
the potential adverse effects on adjacent residential
property;
2) That the existing C-1 zoning on the subject property is
sufficient to provide for a variety of commercial services
to serve the area; and
3) That the proposed change of zoning will increase the
potential for an unacceptable increase in vehicular traffic
in the area.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Ochala, Feenstra, Kavanagh, and Toy
NAYS: McGee, Jurcisin, and Taylor
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#690-92 RESOLVED, that having considered a communication from
the City Planning Commission dated June 29, 1992, which sets
forth its resolution 6-396-92, adopted on June 16, 1992, with
regard to a permit application submitted by Khader Harb for a
satellite disc antenna on property located at 19701 Ashley Court
in Section 5, and the Council having conducted a Public Hearing
on August 12, 1992, pursuant to Council Resolution 560-92, the
Council does hereby concur in the recommendation of the City
Planning Commission and the said permit application is hereby
denied for the same reasons as those set forth in the aforesaid
recommendation of the Planning Commission.
27184
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#691-92 RESOLVED, that the Council does hereby request that the
Inspection Department give notice to the installer of the
satellite disc antenna located at 19701 Ashley Court in Section
5 that the City Council has denied the application of Khader Harb
for the installation of a satellite disc antenna on the said
property and that the satellite disc antenna should be removed
since it was illegally installed (no permits having been obtained
prior to installation).
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madame 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 9:30 p m.
On a motion by Jurcisin, seconded by Feenstra, it was:
Lop #692-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 15, 1992, which
transmits its resolution 7-409-92, adopted on July 14, 1992, with
regard to Petition 92-5-2-18, submitted by Center Stage
Productions, Ltd. requesting waiver use approval to utilize a
Class C liquor license for a proposed performing arts theatre
located on the northeast corner of Plymouth and Farmington Roads
in the Southwest 1/4 of Section 27, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 92-5-2-18 is hereby
approved and granted, such approval to be based upon the same
conditions as those set forth in the aforesaid recommendation of
the Planning Commission, as well as the additional condition that
the approval herein granted is for a six-month period only and
that the petitioner has stated that he would voluntarily submit
to a re-evaluation of this petition upon the expiration of this
six-month period, at which time the Council may either terminate
this waiver use approval or extend it for an unlimited period of
time.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Feenstra, Kavanagh, and Toy
NAYS Ochala
27185
The President declared the resolution adopted
two McGee returned to the podium at 9 37 p m.
On a motion byTaylor, seconded
by Feenstra, and unanimously
adopted, it was
#693-92 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 7, 1992,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept cash donations in the amount of $940 00, the same
to be credited and appropriated to Account No. 702-000-285-216
for use in the Senior Citizen Program.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#694-92 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 13, 1992,
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 the donation of $66.00 to be credited and
appropriated to Account No 702-000-285-215 for use in the
Livonia Youth Assistance Program
!kwOn a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was
#695-92 RESOLVED, that having considered an application from
James H. Kelley, 14124 Ashurst, Livonia, Michigan, dated August
25, 1992, requesting permission to close Riverside Drive and
Middleboro in Stoneleigh Village Subdivision on Saturday,
September 12, 1992, from 4 00 p m. to 10:00 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 September 19, 1992 in the event of inclement
weather, the action taken herein being made subject to approval
of the Police Department.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
#696-92 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.
27186
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#697-92 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125.584),
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, October 12, 1992, at
7:30 p.m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-7-1-17, submitted by Victor International
Corporation for a change of zoning on property located on
the north side of Seven Mile Road between Victor Parkway and
the I-275 Expressway in the Southeast 1/4 of Section 6, from
POIII to C-2, the City Planning Commission in its resolution
8-437-92 having recommended to the City Council that
Petition 92-7-1-17 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be
given by registered mail to each public utility company and
to each railroad company owning or operating any public
utility or railroad within the districts or zones affected;
and FURTHER, the City Clerk is requested to do all other things
necessary or incidental to the full performance of this
resolution
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madame President, pursuant to the provisions of Chapter IV,
Section 9, of the Livonia City Charter and the relevant
provisions of State law, I am hereby disclosing the existence of
a conflict of interest with respect to this matter. As I have
disclosed previously, I am an employee of the law firm of Miller,
Canfield, Paddock and Stone of Detroit, Michigan. Miller,
Canfield has acted as bond counsel to the City for many years.
This matter involves a pending bond issue for which Miller,
Canfield has been retained by the City to act as bond counsel.
lbw As such, I have a pecuniary interest in this matter and, under
the foregoing authorities, I must abstain from consideration of
and voting upon this matter I refer to my letter dated
27187
February 24, 1992, to the City Clerk on this subject and would
ask that these remarks be made part of the official record of
this meeting. Thank you.
McGee left the podium at 9:41 p.m.
On a motion by Jurcisin, seconded by Feenstra, it was:
#698-92 WHEREAS, it is deemed reasonable and economically
advantageous for the Municipal Building Authority of Livonia (the
"AUTHORITY") to take the necessary steps under the provisions of
Act 31, Public Acts of Michigan, 1948, 1st extra session, as
amended, and Act 202, Public Acts of Michigan, 1943, as
amended, to have the AUTHORITY issue refunding bonds to refund
certain series of bonds previously issued to acquire and
construct golf course facilities, recreational facilities and
police station facilities to benefit the City of Livonia (the
"CITY"); and
WHEREAS, the AUTHORITY and the CITY have negotiated a contract
providing for such refunding, by the terms of which contract the
CITY is obligated to pay the debt service on such refunding bonds
to the AUTHORITY in installments as therein provided, a copy of
which contract is attached to this resolution and incorporated by
reference; and
Leo WHEREAS, said refunding is desirable and necessary to reduce the
capital costs of such golf course, recreational and police
facilities to the CITY;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This City Council hereby approves the Refunding Contract as
hereto attached.
2. The Mayor and the City Clerk are authorized to execute
immediately and deliver to the Authority the Refunding
Contract approved by this resolution. Said refunding
contract shall become binding and effective upon the
approval thereof by resolution of the Board of Commissioners
of the AUTHORITY and the execution thereof.
3 The City Council does hereby ratify and confirm its covenant
in the aforesaid Contract to levy ad valorem taxes against
all taxable property in the CITY to the extent necessary to
meet the obligations of the CITY thereunder in the event
revenues from other sources are insufficient for any reason
whatsoever. Any such taxes levied to pay the Cash Rental
under said Contract shall be limited as to rate or amount in
the manner provided by law.
Lor
27188
4. The City Clerk or Finance Director be and are hereby
authorized to file an application with the Municipal Finance
Division of the Michigan Department of Treasury for
permission to issue said refunding bonds and to execute any
document or certificate necessary to authorize, sell and
deliver the refunding bonds.
5 The Bonds to be issued by the Authority shall be designated
as "qualified tax exempt obligations" for purposes of
deduction of interest expense by financial institutions.
6 All resolutions and parts of resolutions insofar as the same
conflict with the provisions of this resolution be and the
same hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: None
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Kavanagh, it was:
Iwo #699-92 WHEREAS, Act 175, Public Acts of Michigan, 1952, as
amended ("Act 175") and Chapter VI of Act 202, Public Acts of
Michigan, 1943, as amended, the Municipal Finance Act (the
"Act"), permit the City of Livonia, County of Wayne, Michigan
(the "City") to refund and advance refund indebtedness of the
City issued pursuant to Act 175; and
WHEREAS, the City has received a proposal from Hutchinson,
Shockey, Erley & Co (the "Purchaser") to refund all or part of
the callable bonds of the City's 1984 Michigan Transportation
Fund Bonds dated as of February 1, 1984 (the "Prior Bonds"); and
WHEREAS, it has been determined by this City Council that it is
in the best interests of the City to refund the Prior Bonds, and
that there be issued at this time refunding bonds in an aggregate
principal amount not to exceed $1,000,000; and
WHEREAS, prior to the issuance of the refunding bonds the City
must secure the approval of the Michigan Department of Treasury
(the "Department") for the issuance of the refunding bonds and
secure certain waivers from the Department;
NOW, THEREFORE, BE IT RESOLVED THAT
tow 1. Bonds of the City shall be issued in the aggregate principal
amount of not to exceed One Million Dollars ($1,000,000), as
finally determined upon sale thereof, to be designated 1993
27189
MICHIGAN TRANSPORTATION FUND REFUNDING BONDS (the "Bonds"),
for the purposes of paying the cost of refunding all or a
portion of the Prior Bonds and issuance costs of the Bonds.
The Bonds shall consist of bonds registered as to principal
and interest of the denomination of $5,000 or multiples of
$5,000 not exceeding for each maturity the aggregate
principal amount of such maturity, dated as of January 1,
1993, or such later date as provided in the resolution
authorizing the sale of the Bonds (the "Sales Resolution"),
numbered as determined by the transfer agent, and maturing
on July 1st in the years 1993 to 1998, inclusive, or such
other years as shall be determined at the time of sale and
in the amounts as determined in the Sales Resolution.
The Bonds shall bear interest at a rate or rates to be
determined on negotiated sale thereof, but in any event not
exceeding 10% per annum, payable on July 1, 1993, and
semi-annually thereafter on January 1st and July 1st of each
year, or such other interest payment dates as provided in
the Sales Resolution Interest on the Bonds shall be
payable by check drawn on a Michigan bank or trust company
designated by the Finance Director as registrar and transfer
agent for the Bonds (the "Transfer Agent"), mailed to the
registered owner of record at the registered address, as
shown on the registration books of the City maintained by
the Transfer Agent as of the fifteenth day of the month
prior to the payment date for each interest payment The
date of determination of registered owner for purposes of
payment of interest as provided in this paragraph may be
changed by the City to conform to market practice in the
future The principal of the Bonds shall be payable at the
Transfer Agent upon presentation and surrender of the
appropriate Bond
The designation, date of original issue and the principal
and interest payment dates may be changed in the Sales
Resolution.
The Bonds may be offered with an original issue discount not
to exceed two percent (2%) as determined in the Sales
Resolution.
The City Council shall determine in the Sales Resolution
whether the Bonds shall be subject to redemption prior to
maturity and the times and prices, and terms and conditions
of such redemption.
Unless waived by any registered owner of Bonds to be
redeemed, official notice of redemption shall be given by
the Transfer Agent on behalf of the City. Such notice shall
be dated and shall contain at a minimum the following
16.0 information original issue date; maturity dates; interest
rates; CUSIP numbers, if any; certificate numbers (and in
27190
the case of partial redemption) the called amounts of each
certificate; the redemption date; the redemption price or
premium; the place where Bonds called for redemption are to
be surrendered for payment; and that interest on Bonds or
portions thereof called for redemption shall cease to accrue
from and after the redemption date.
In addition, further notice shall be given by the Transfer
Agent in such manner as may be required or suggested by
regulations or market practice at the applicable time, but
no defect in such further notice nor any failure to give all
or any portion of such further notice shall in any manner
defeat the effectiveness of a call for redemption if notice
thereof is given as prescribed herein.
The Bonds shall be signed by the facsimile signatures of the
Mayor, the Clerk and the Treasurer of the City No Bond
shall be valid until authenticated by an authorized
representative of the Transfer Agent. The Bonds shall be
delivered to the Transfer Agent for authentication and be
delivered by it 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 certificates for
registration and issuance to transferees shall
simultaneously, and from time to time thereafter as
necessary, be delivered to the Transfer Agent for
safekeeping.
2. To provide moneys to pay the principal of and interest on
the Bonds and in accordance with the provisions of Act 175,
there is hereby made an irrevocable appropriation of the
amount necessary to pay the principal of and interest on the
Bonds from the moneys to be derived from State-collected
taxes returned to the City for highway purposes, pursuant to
law. The Treasurer of the City is directed, each year that
any of the principal of and interest on the Bonds remains
unpaid, to set aside in a separate depositary account, to be
designated 1993 MICHIGAN TRANSPORTATION FUND REFUNDING BONDS
DEBT RETIREMENT FUND, sufficient moneys from revenues
received during such year from the Michigan Transportation
Fund pursuant to law to pay the principal of and interest on
the Bonds next maturing.
3. The proceeds of the Bonds shall be used to pay the costs of
issuance of the Bonds and to secure payment of the Prior
Bonds as provided in this section. Upon receipt of the
proceeds of the Bonds, the accrued interest and premium, if
any, shall be deposited in the Debt Retirement Fund From
the proceeds of the Bonds there shall next be set aside a
sum sufficient to effect the redemption of the Prior Bonds
ima in the manner set forth in the Sales Resolution The
balance of the proceeds of the Bonds together with any other
funds supplied by the City shall be used to pay the costs of
the issuance of the Bonds
27191
The Finance Director is authorized and directed to (a) take
all steps necessary to call the Prior Bonds for redemption,
including the preparation and publication of a notice of
redemption and (b) negotiate terms of an escrow agreement
with any financial institution qualified to serve as escrow
agent and selected by the Finance Director.
4. Pursuant to Act 175, and as additional security for the
prompt payment of the principal of and interest on the
Bonds, there is hereby irrevocably pledged the limited tax
full faith and credit of the City, and in the event of
insufficiency of funds primarily pledged to the payment
thereof, the City covenants and agrees to provide for such
insufficiency from such resources as are lawfully available
to it.
5. The Bonds shall be in substantially the following form with
such changes as may be required to conform to the final
terms of the Bonds established by the Sales Resolution:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1992 MICHIGAN TRANSPORTATION FUND REFUNDING BOND
Date of
Maturity Original
Interest Rate Date Issue CUSIP
Registered Owner:
Principal Amount: Dollars
The CITY OF LIVONIA, County of Wayne, State of Michigan (the
"City") , for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the
Principal Amount specified above, in lawful money of the United
States of America, on the Maturity Date specified above, [unless
im prepaid prior thereto as hereinafter provided, ) with interest
thereon from the Date of Original Issue specified above or such
later date to which interest has been paid, until paid, at the
27192
Interest Rate per annum specified above, first payable on January
1, 1993 and semiannually thereafter. Principal of this bond is
payable at the principal office of
, Michigan, or such other transfer
agent as the City may hereafter designate by notice mailed to the
registered owner hereof not less than sixty (60) days prior to any
interest payment date (the "Transfer Agent") . Interest on this
bond is payable to the registered owner of record as of the
fifteenth (15th) day of the month preceding the interest payment
date as shown on the registration books of the City maintained by
the Transfer Agent, by check or draft mailed to the registered
owner at the registered address.
This bond is one of a series of bonds of even original issue
date aggregating the principal sum of $ , issued for the
purpose of defraying part of the cost of refunding a certain
outstanding bond issue of the City in accordance with a resolution
duly and regularly adopted by the City Council of the City and
pursuant to the provisions of Act 175, Public Acts of Michigan,
1952 , as amended and Act 202 , Public Acts of Michigan, 1943 , as
amended.
[Bonds of this issue maturing in the years to
inclusive, shall not be subject to redemption prior to maturity.
Bonds or portions of bonds in multiples of $5, 000 of this issue
maturing in the years to shall be subject to redemption
prior to maturity, at the option of the City, in such order as the
City may determine and by lot within any maturity, on any interest
im payment date on or after , at par and accrued interest
to the date fixed for redemption, plus a premium expressed as a
percentage of par, as follows:
% of the par value of each bond or portion thereof
called for redemption on or after , but
prior to
No premium shall be paid on bonds or portions thereof
called for redemption on or after
Notice of redemption shall be given to the registered owners
of bonds or portions thereof called for redemption by mailing of
such notice not less than thirty (30) days prior to the date fixed
for redemption to the registered addresses of the registered owners
of record. Bonds shall be called for redemption in multiples of
$5, 000 and bonds of denominations 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 bonds may be
redeemed in part. Bonds or portions thereof so called for
redemption shall not bear interest after the date fixed for
redemption, whether or not presented for redemption, provided funds
are on hand with the Transfer Agent to redeem said bonds.
In case less than the full amount of an outstanding bond is
im called for redemption, the Transfer Agent, upon presentation to it
of the bond called for redemption, shall register, authenticate and
deliver to the registered owner of record a new bond in the
principal amount of the portion of the original bond not called for
redemption. )
27193
This bond and the interest hereon are payable from the
proceeds of State-collected taxes returned to the City for highway
purposes pursuant to law, or in case of insufficiency of said
funds, out of the general funds of the City, including collections
of ad valorem taxes on taxable property which the City may be
authorized to levy, subject to applicable constitutional, statutory
and charter tax limitations, and the resolution authorizing the
bonds contains an irrevocable appropriation of the amount necessary
to pay the principal of and interest on the bonds of this issue
from moneys derived from such State-collected taxes so returned to
the City for highway purposes which have not been theretofore
specifically allocated and pledged for the payment of indebtedness.
This bond is of equal standing with other bonds issued by the City
payable from State-collected taxes, and the City may issue
additional bonds of equal standing payable from said State-
collected taxes within the limitations prescribed by law.
This bond is not a general obligation of the State of
Michigan.
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
im 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 resolution
authorizing the bonds of this issue, and upon the payment of the
charges, if any, therein prescribed.
This bond is not valid or obligatory for any purpose until the
Transfer Agent' s Certificate of Authentication on this bond has
been executed by the Transfer Agent.
It is hereby certified and recited that all acts, conditions
and things required to be done, exist and happen, precedent to and
in the issuance of this bond and the series of bonds of which this
is one, in order to make them valid and binding obligations of the
City, have been done, exist and have happened in regular and due
form and time as required by law, and that the total indebtedness
of the City, including this bond and the series of bonds of which
this is one, does not exceed any constitutional, statutory or
charter debt limitation.
27194
IN WITNESS WHEREOF, the City of Livonia, County of Wayne,
State of Michigan, by its City Council, has caused this bond to be
signed in the name of said City with the facsimile signatures of
its Mayor and its Treasurer and its City Clerk and a facsimile of
itothe City seal to be imprinted hereon, all as of the Date of
Original Issue.
CITY OF LIVONIA
County of Wayne
State of Michigan
By
Mayor
(Seal)
And:
By
City Clerk
And:
By
City Treasurer
[FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION]
Date of Registration:
Certificate of Authentication
This bond is one of the bonds described in the within-
mentioned resolution.
, Michigan
Transfer Agent
By
Authorized Signature
27195
6 The Finance Director is authorized, subject to final
approval of this City Council, to negotiate a bond purchase
lipagreement for the sale of the Bonds with the Purchaser
7. The City Clerk and Finance Director, or either of them, are
authorized to approve circulation of a Preliminary Official
Statement describing the Bonds.
8. The City Clerk or Finance Director are each authorized to
file with the Michigan Department of Treasury (a) a request
for an order providing exception from the requirement of
prior approval of the issuance of the Bonds, and pay the fee
required, if any, or an application for prior approval of
the issuance of the Bonds, and (b) requests for waiver of
the competitive sale, good faith check, discount and
maturity requirements for the Bonds, if applicable.
9 The officers, agents and employees of the City are
authorized to take all other actions necessary and
convenient to facilitate sale of the Bonds, including, if
desirable, obtaining a policy of municipal bond insurance to
secure the Bonds
10 The City hereby covenants that, to the extent permitted by
law, it shall take all actions within its control necessary
to maintain the exemption of the interest on the Bonds from
ibm general federal income taxation (as opposed to alternative
minimum or other indirect taxation) under the Internal
Revenue Code of 1986, as amended (the "Code") including but
not limited to, actions relating to the rebate of arbitrage
earnings, if applicable, and the expenditure and investment
of bond proceeds and moneys deemed to be bond proceeds.
11. The improvements financed with the proceeds of the Prior
Bonds have an estimated usable life of not less than twenty
(20) years The estimated cost of refunding the Prior Bonds
is not greater than $1,000,000.
12. The City hires and appoints the Purchaser to arrange for the
refunding of the Prior Bonds, subject to the final approval
of the City Council in the Sales Resolution.
13. The City appoints Miller, Canfield, Paddock and Stone as
bond counsel to the City in connection with the issuance of
the Bonds.
14. A copy of this resolution shall be published in the Livonia
Observer, Livonia, Michigan, once before this resolution
becomes effective
15. The City hereby designates the Bonds as "qualified tax
exempt obligations" within the meaning of the Code for
purposes of deduction of interest expense by financial
institutions
27196
16. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the
116Ksame hereby are rescinded
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 9:46 p.m.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, this 1,231st Regular Meeting of the Council of the City of Livonia
was adjourned at 9:47 p.m. , August 31, 1992.
liss
Joan McCotter, City Clerk
irso