HomeMy WebLinkAboutCOUNCIL MINUTES 1989-10-04 25293
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTY-SECOND REGULAR MEETING
L OF THE COUNCIL OF THE CITY OF LIVONIA
On October 4, 1989, the above meeting was held at the City Hall , 33000
Civic Center Drive, Livonia, Michigan and was called to order by the President
of the Council at 8 00 P M Councilman Ochala delivered the invocation
Roll was called with the following result Present` Fernon P Feenstra,
Robert R Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent
Laura Toy
Elected and appointed officials present Patricia Miencier, Deputy City
Clerk, Robert D Bennett, Mayor, Harry Tatigian, City Attorney, John Nagy, Planning
Director, Raul Galindo City Engineer, Karen Szymula, Director of Legislative Affairs ,
David Preston, Director of Finance, John Fegan, Director of Building Inspection,
Marilyn Kazmer, Director of Administrative Services and Ron Reinke, Superintendent
Imo of the Depar�ment of Parks and Recrga�ion
On a motion by Councilwoman McCotter, seconded by Councilman Taylor,
and unanimously adopted, it was
#929-89 RESOLVED, that the minutes of the 1 ,161st Regular
Meeting of the Council of the City of Livonia, held September
25, 1989 are hereby approved
On a motion unanimously introduced, supported and adopted, it was
#930-89 WHEREAS, Robert L. Griffin has been a Livonia resident
for over twenty years and has distinguished himself as a local
businessman and owner of Griffin' s Sport Shop, and
WHEREAS, Bob Griffin has given of his time, energy
and money in support of many worthwhile causes and sporting
events involving the youth of the City of Livonia, and
WHEREAS, Griffin ' s Sport Shop has oftentimes
Single-handedly sponsored both recreational and educational
L
activities for the youth of the City, and
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WHEREAS, Bob Griffin has decided to pass the torch
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of ownership of Griffin' s Sport Shop and begin his retirement
after over twenty years of business in the City of Livonia
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council
do hereby recognize Bob Griffin, his many worthwhile
contributions and overall dedication to the City of Livonia,
especially his programs for our youth , and do hereby wish him
a healthy anc long retirement
On a motion by Councilman Taylor, seconded by Councilman Ochala,
it was
A communication from the Director of Finance, dated September 15, 1989
re annual reports received from the General Depositories and Collecting Agents
for taxes and water bills was received and placed on file for the information of
the Council
#931-89 RESOLVED, by the Council of the City of Livonia, that
the annual Christmas Parade be , and hereby is approved for
� Saturday, November 18, 1989, beginning at 9 00 a m. , and that
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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 9 00 a m and 11 '00 a m , or until the road is returned
to normal traffic operation, that the City of Livonia will
assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Leon Dater
is hereby designated and authorized to sign the road closure
permit on behalf of the City of Livonia
#932-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 6, 1989,
which bears the signature of the Finance Director, is approved
for submission by the Mayor, and which is submitted pursuant
to Council Resolution 720-89, the Council does hereby authorize
and request the City Clerk to make application to The Detroit
Edison Company, on forms provided by such company, for the
installation of one (1 ) 250 watt high pressure sodium light
On a davitt pole on the north side of Seven Mile Road at
Mayfield
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lis #933-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 7, 1989,
approved for submission by the Mayor, the Council does hereby
amend Item No 7 of Council Resolution 257-89, adopted on March
22, 1989, and subsequently amended by Council Resolution 742-89,
so as to reduce the financial assurances now on deposit with
the City for General Improvements in Fox Creek Meadows
Subdivision located in the Southwest 1/4 of Section 5, to
$3,000 00 cash, to cover the cost of remaining General
Improvements in said Subdivision, and the financial assurances
now on deposit with the City, if any, shall be reduced
accordingly, further, all other financial assurances now on
deposit with the City, including the Sidewalk Bond, shall remain
the same and unchanged
#934-89 RESOLVED, that having considered a communication from
the Department of Law, dated September 11 , 1989, approved for
submission by the Mayor and submitted pursuant to Council
Resolution 669-89, and which transmits a proposed offer to
purchase from Shorr Electronics with respect to certain
City-owned property located on the north side of Plymouth Road,
west of Merriman, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
#935-89 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 1989 (Limited Tax General Obligation) (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 either The Bond Buyer, published
in New York, New York or the Detroit Legal News, Detroit,
Michigan at least fourteen (14) full days before the date fixed
for sale
3 The Notice of Sale of the Bonds shall be in
substantially the following form
OFFICIAL NOTICE OF SALE
$5,000,000
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
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limWATER SUPPLY AND WASTEWATER SYSTEM
REVENUE BONDS, SERIES 1989
(LIMITED TAX GENERAL OBLIGATION)
SEALED BIDS for the purchase of the above bonds will be received
by the undersigned at the office of the City Clerk located
at 33000 Civic Center Drive, Livonia, Michigan 48154, on
Wednesday, the 1st day of November, 1989 until 3 00 o'clock
p m , Eastern Standard 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, 1158 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 fo~ mach maturity the aggregate principal amount
of that maturity, dated as of November 1 , 1989, numbered in
lis order of registration, and will bear interest from their date
payable on May 1 , 1990, and semiannually therefter
The bonds will mature on the 1st day of November of the
years as follows
$100,000 1990
125,000 1991 , 1992 and 1993
150,000 1994
175,000 1995, 1996 and 1997
200,000 1998
225,000 1999
250,000 2000
275,000 2001 and 2002
325,000 2003
350,000 2004
375,000 2005 and 2006
400,000 2007, 2008 and 2009
PRIOR REDEMPTION Bonds of this issue maturing in the years
1990 to 1999, inclusive, are not subject to redemption prior
to maturity Bonds or portions of bonds in multiples of $5,000,
maturing in the years 2000 through 2009, 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 , 1999,
at par and accrued interest to the date fixed for redemption,
plus a premium, expressed as a percentage of par as follows
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2% of the par value of each bond or portion
thereof called for redemption on or after November
1 , 1999, but prior to November 1 , 2000,
1-1/2% of the par value of each bond or portion
thereof called for redemption on or after November
1 , 2000, but prior to November 1 , 2001 ,
1% 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,
1-1/2% of the par value of each bond or portion
thereof called for redemption on or after November
1 , 2002, but prior to November 1 , 2003,
No premium shall be paid on bonds or portions
of bonds called for redemption on or after November
1 , 2003.
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 redempticn mail to the registered
owner zt 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 bond 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 portions thereof
INTEREST RATE AND BIDDING DETAILS The bonds shall bear interest
at a rate or rates not exceeding 9% 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 rate The difference between the highest
and lowest interest rate on the bonds shall not exceed two
percent (2%) per annum THE INTEREST RATE BORNE BY BONDS
MATURING ON OR AFTER THE YEAR 1999, 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 98-1/2% of their par value will
be considered
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TRANSFER AGENT AND REGISTRATION Principal and interest shall
be payable at National Bank of Detroit, 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 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 part of
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 primarily 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, dated as of December 1 , 1988 in
the original principal amount of $5,000,000 (the "Outs'ard4ng
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
LIMITED TAX FULL FAITH AND CREDIT OBLIGATION As additional
security, the City has pledged its limited tax full faith and
credit for payment of the principal of and interest on all
bonds of this issue and has covenanted to levy sufficient taxes
on all taxable property within the City for such purpose, subject
to applicable statutory, constitutional and charter tax rate
limitations
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
Lis 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
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Iwo 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 tle 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 promotly 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 November 1 , 1989, 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 h^ndc at the delivery thereof The fees of Miller,
Canfield, Paddock and Stone for services rendered in connection
iho with such approving opinion are expected to be paid from bonds
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 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
Standard 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
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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
five (5) business days prior to delivery of the bonds, the
bonds will be delivered in the form of a single 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 '," -oosPs of deduction of in+erest
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
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"
4 All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution and the
same hereby are rescinded
#936-89 WHEREAS, the City Council of the City of Livonia,
County of Wayne, Michigan, intends to authorize the issuance
and sale of Water Supply and Wastewater System Revenue Bonds,
Series 1989 (Limited Tax General Obligation) pursuant to Act
94, Public Acts of Michigan, 1933, as amended, in an amount
of not to exceed Five Million Dollars ($5,000,000) , for the
purpose of defraying part of the cost of acquiring and
constructing additions, extensions and improvements to the
City' s Water Supply and Wastewater System, and
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WHEREAS, prior to issuance of said 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 Both the City Clerk and 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
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
Leo3 All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution by
and the same hereby are rescinded
A communication from the Planning Director and the City Engineer, dated
September 15, 1989 re CR 820-89, street lighting notification signs in new
subdivisions, was received and placed on file for the information of the Council
1937-89 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated September 7 ,
1989, which bears the signature of the Finance Director and
is approved for submission by the Mayor, with regard to the
replacement of two pieces of capital equipment at Silver Village,
the Council does hereby authorize the transfer of the sum of
$4,000 from Account 295-832-393-110, $2,000 of which is to
be transferred to Account 295-832-983-000 and $2,000 of which
is to be transferred to Account 295-832-931-000, further, the
Council does hereby authorize the additional transfer of the
sum of $2,000 from Account 295-833-393-120 to be transferred
to Account 295-833-983-000 and $2,000 from Account
296-831-918-000 to be transferred to account 296-831-982-000,
further, the Council does hereby authorize the Housing Commission
to advertise and solicit quotes and/or competitive bids for
the purchase of the referenced office equipment
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#938-89 RESOLVED, that having considered a communication from
the Department of Law, dated September 12, 1989, approved by
the City Engineer and the Finance Director, and approved for
submission by the Mayor, the Council does hereby authorize
the Department of Law to acquire Lyons Avenue right-of-way
located in Section 24, owned by John E and Sylvia R Mund,
his wife, which land is more particularly described as follows
The West 30 feet of the following described parcel
That part of the Northeast 1/4 of Section 24, described
as beginning at a point distant South 89 degrees, 49
minutes West along the North Section line 658 0 feet
and South 0 degrees, 19 minutes, 30 seconds East, 1484.73
feet and South 89 degrees, 49 minutes West, 1056.13 feet
from the Northeast corner of Section 24 and proceeding
thence South 89 degrees, 49 minutes West, 264 0 feet,
thence South 0 degrees, 25 minutes, 50 seconds East along
the East line of Lyons Avenue 30 feet wide a distance
of 82 50 feet, thence North 89 degrees, 49 minutes East,
264 0 feet, thence North 0 degrees, 25 minutes, 50 seconds
West, 82 50 feet to the point of beginning
cuhiect to the following conditions
( 1 ) the purchase price shall be in the sum of $4500 00,
(2) the City of Livonia shall pay for the cost of title
work in the sum of $120 00,
( 3) the City' s portion of the prorated City, County,
County Drain, School and Community College taxes
shall be in a sum not to exceed $280.00,
BE IT FURTHER RESOLVED, that a sum not to exceed $4900 is hereby
authorized to be expended from Special Assessment District
No 315 (Account 899-982-973-848) , pursuant to Council Resolution
104-89 adopted on February 6, 1989, for the acquisition of
the said right-of-way, and the City Clerk is hereby requested
to do all things necessary or incidental to the full performance
of this resolution
#939-89 WHEREAS, there exists in and for the City of Livonia
(the "City") , an imperative need to acquire and construct
additions and improvements to the City' s existing Fox Creek
Golf Club together with equipment, furnishings and appurtenances
therefor ("Improvements") , and
WHEREAS, this City Council has determined, and does
hereby reaffirm, that it is necessary for the public health,
Imm safety and welfare of the City to acquire the Improvements
for the use of the City, and
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WHEREAS, Act 31 , Public Acts of Michigan, 1948 (First
Extra Session) , as amended, provides through the procedures
of building authority financing a means for the acquisition,
construction and financing of the Improvements, and
WHEREAS, the City, in accordance with the provisions
of said Act 31 , as amended, has previously adopted Articles
of Incorporation and has established the Municipal Building
Authority of Livonia (the "Authority") , with full powers to
acquire, construct and equip the Improvements, and
WHEREAS, this City Council determines it to be in
the best interest of the City to acquire, construct and finance
the Improvements through the Authority in accordance with the
provisions of said Act 31 , as amended, and
WHEREAS, a Contract between the City and the Authority
providing for the acquisition, construction, equipping and
financing of the Improvements and such matters as are deemed
necessary thereto is in the process of being prepared , and
WHEREAS, this City Council is desirous of publishing
a Notice of Intention CF Entering into Contract of Lease so
as to begin the statutory referendum period
lipNOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council hereby determines it to be
necessary for the public health, safety and welfare of the
City to acquire and construct the Improvements for the use
of the City
2 This City Council deems it to be in the best
interest of the City to finance the cost of the Improvements
through the Authority in accordance with the provisions of
the aforesaid Act 31 , as amended, which cost if not expected
to exceed One Million($1 ,000,000) Dollars
3 The Notice of Intention of Entering into Contract
of Lease as hereto attached shall be published in the Livonia
Observer, a newspaper of general circulation in the City,
promptly upon adoption of this resolution, said Notice to appear
as a display advertisement at least one-quarter (1/4) page
in size
4 The City Council does hereby determine that the
designated newspaper is the newspaper circulating in the City
which reaches the largest number of persons to whom the aforesaid
Notice is directed and that publication of the aforesaid Notice
in the designated newspaper represents the most practical and
feasible means of informing the taxpayers and electors of the
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City of the Improvements and the financing thereof A copy
of the Contract shall be placed on file in the office of the
City Clerk and shall be available for public examination
immediately upon its adoption by this City Council aid in no
event later than 30 days from the date hereof
5 All resolutions and parts of resolutions insofar
as the same conflict with the provisions of this resolution
be and the same hereby are rescinded
940-89 RESOLVED, that having considered a communication from
the City Engineer, dated September 19, 1989, approved for
submission by the Mayor, and submitted pursuant to Council
Resolution 1086-88, and the City Engineer having asertained
the assessed valuation of all property affected by the proposed
street improvement of Maplewood, Clarita, Pickford and Grimm,
in the Northwest 1/4 of Section 12, 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 arra 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 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 September 27, 1989, 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 Wednesday, November 15, 1989 at 8 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
#941-89 RESOLVED, that having a communication dated September
26, 1989, from Maria Frangione, 32361 Cambridge, Livonia,
Michigan, 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 September 19,
1989 by the City Planning Commission in its resolution 9-205-89
with regard to a permit application submitted by Frank Frangione
for a satellite disc antenna on property located at 32361
Cambridge in Section 15, the Council does hereby designate
Wednesday, November 15, 1989, at 8 00 P M , as the date and
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time for conducting a public hearing with regard to this matter,
such hearing to be held at the City Hall , 33000 Civic Center
LDrivS, Livonia, Michigan , and the City Clerk is hereby requested
to co 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
A roll call vote was taken on the foregoing resolutions with the following result
AYES Ochala, Jurcisin, Bishop, McCotter, Taylor and Feenstra
NAYS None.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#942-89 RESOLVED, that having considered a communication from
the City Assessor, dated September 7, 1989, approved for
submission by the Maycr, with regard to a request from Rocco
Corsi , 18892 Maplewood, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended,
L as well as 3ection l8 46 of Urdinance 543, as umended, the
Council does hereby approve of the proposed division of Tax
Item No 46 046 99 0090 000 into two parcels, the legal
description of which shall read as follows
PARCEL I
The North 190 feet of the S W 1/4 of the S W 1/4 of the N E
1/4 of the N.W. 1/4 of Section 12, T 1 S. , R. 9 E , except
the East 75 feet thereof, and also except the North 30 feet
and the West 30 feet thereof
PARCEL II
The East 75 feet of the North 190 feet of the S W 1/4 of the
S.W. 1/4 of the N E 1/4 of the N.W. 1 /4 of Section 12, T.
1 S. , R. 9 E. , except the North 30 feet thereof and also except
the West 30.0 feet thereof
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds, provided, however, that to the extent required by law
and City ordinance, the action herein is made subject to the
L approval of the Zoning Board of Appeals.
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On a motion by Councilman Taylor, seconded by Councilman Ochala,
lim it was
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 7 , 1989,
approved for submission by the Mayor, and submitted pursuant
to Council Resolution 818-89, in connection with a letter from
Harold E. Turney, 37354 Bennett, Livonia, Michigan 48152, dated
August 8, 1989, requesting the installation of a traffic sign
allowing residents on Bennett and Vargo to go south and north
On Newburgh Road, and having also considered the report and
recommendation of the Mayor, dated September 18, 1989, with
respect to this matter, the Council does hereby determine to
take no further action
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
RESOLVED, that the Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
motion
RESOLVED, that having considered the report and
�
recommendation of the City Engineer, dated September 7 , 1989,
approved for submission by the Mayor, and submitted pursuant
to Council Resolution 818-89, in connection with a letter from
Harold E. Turney, 37354 Bennett, Livonia, Michigan 48152, dated
August 8, 1989, requesting the installation of a traffic sign
allowing residents on Bennett and Vargo to go south and north
on Newburgh Road, and having also considered the report and
recommendation of the Mayor, dated September 18, 1989, with
respect to this matter, the Council does hereby refer this item
to the Streets, Roads and Plats Committee for its report and
recommendation.
A roll call vote was taken on the motion to substitute with the following result
AYES Jurcisin, Bishop, McCotter
NAYS Ochala, Taylor and Feenstra
The President declared the resolution to substitute denied
A roll call vote was taken on the original resolution with the following result
#943-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 7, 1989,
approved for submission by the Mayor, and submitted pursuant
@ to Council Resolution 818-89, in connection with a letter from
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Harold E Turney, 37354 Bennett, Livonia, Michigan 48152, dated
� August 8, 1989, requesting the installation of a traffic sign
allowing residents on Bennett and Vargo to go south and north
on Newburgh Road, and having also considered che report and
recommendation of the Mayor, dated September 18, 1989, with
respect to this matter, the Council does hereby determine to
take no further action
AYES Ochala, Jurcisin, McCotter, Taylor and Feenstra
NAYS Bishop.
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#944-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 1989, which
transmits its resolution 9-204-89 adopted on September 19, 1989,
with regard to a sign permit application submitted by Livonia
Embassy Suites Hotel requesting wall c'g~5 on nroperty located
on the west side of Victor Parkway in Victor Corporate Park,
Lthe Council does hereby concur in the recommendation of the
Planning C0mmiSSion and approve the sVid sign permit applicatiVn,
subject to compliance with the same condition as set forth in
the aforesaid action of the Planning Commission
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#945-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated September 21 , 1989, approved by the Director
Of Finance and approved for submission by the Mayor, and to
which is attached a proposed Wayne County Delegation Agreement
which establishes a procedure whereby the City of Livonia will
be designated as the local unit responsible for the development
of plans and specifications for all work to be completed under
the classification of local improvements, as well as a Second
Amendment to the Wayne County-Oakland County Construction, Finance
and Service Agreement in connection with the North Huron
Valley-Rouge Valley Local Improvements Wayne County Delegation
Agreement, the Council does hereby approve and authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia ,
to execute the said agreements in the manner and form herein
submitted, as well as to do all other things necessary or
�
incidental to the full performance of this resolution
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On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#946-89 RESOLVED, that having considered a communication from
the Livonia Jaycees and Livonia Paragon Soccer, requesting
permission to use Jaycee Park on October 7, 1989 for the purpose
of sponsoring a free soccer clinic for all youths in Livonia,
ages 5 - 15, from 9 00 A M to 6 00 P M , and having also
considered the report and recommendation of the Superintendent
of Parks and Recreation, dated September 27, 1989, in connection
therewith, the Council does hereby concur in and approve of
this request, provided that no alcoholic beverages are served
and that all necessary licenses and insurance policies are
provided
On a motion by Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#947-89 RESOLVED, that having considered a communication ;rem
the City Planning Commission, dated August 3, 1989, which sets
forth its resolution 8-169-89 adopted on August 1 , 1989, with
regard to Petition 89-5-1-20, submitted by Charles Tangora for
Marvin Walkon for a change of zoning on property located on
the east side of Middlebelt Road between Plymouth Road and the
C & 0 Railroad in the Southwest 1/4 of Section 25, from M-1
to C-2, and the Council having conducted a public hearing with
regard to this matter on September 27, 1989, pursuant to Council
Resolution 771-89, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
89-5-1-20 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 Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#948-89 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
Imp as to permit consideration of several items that do not appear
on the agenda
The Comprehensive Traffic Study and Roadway Improvement Plan, prepared
L by Goodell-Grivas, Inc. , dated May, 1989, was received and placed on file for the
information of the Council
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#949-89 RESOLVED, that having considered the Comprehensive
Traffic Study and Roadway Improvement Plan prepared by
Goodell-Grivas, Inc , dated May, 1989, at a special study meeting
conducted on October 2, 1989, the Council does hereby refer
this item to the Streets, Roads and Plats Committee for its
report and recommendation
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
#950-89 RFSOLVED, that Ashley Construction Co. , 17570 Ellen
Drive, Livonia, MI 48152, as proprietors, having re .|ested the
City Council to approve the proposed preliminary plat of the
� following subdivision Whispering Hills Subdivision located
east of Newburgh Road and north of St, Martins Avenue, in the
Southwest 1/4 of Section 5, the said proposed preliminary plat
being dated July 11 , 1989, 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 August
15, 1989; 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 September 26, 1989, 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
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title l6° 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,
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lia (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 Ordinances, 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,
(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 ;F drawn in substantial conformity
with the proposed plat as approved herein, and provided there
as 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
bond, 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 - $279,000.00, of which at
least $10,000 00 shall be
in cash
B. Sidewalk Bond - $20,700 00, of which at
least $5,000 00 shall be
in cash
C Grading & Soil Erosion - $3,000 00, of which at
least $1 ,500 00 shall be
in cash
D Landscaping (Newburgh - $15,000 00, of which at
25311
Road frontage) least $2,000 00 shall be
in cash
E Monuments and Lot - $825 00, (all cash) .
Markers
and require cash payments in the total amount of $16,595 00
In accordance with the recommendation of the City Engineer,
a waiver will be included permitting construction of 31 ' wide
deep strength asphalt pavement with concrete curbs and gutters
in lieu of concrete pavement, as required under the City' s Plat
Ordinance. In addition, distribution lines for telephone and
electric services are to be placed underground and ornamental
street lights are to be provided throughout the subdivisinn.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and
unanimously adopted, this 1 ,162nd Regular Meeting of the Council of the City of
Livonia was adjourned at 8 17 P M. , October 4, 1989
ImoiF. Nash, City Clerk