HomeMy WebLinkAboutCOUNCIL MINUTES 1989-04-12 24900
ibeMINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 12, 1989, the above meeting was held at the City Hall , 33000
C4vic Center Drive, Livonia, Michigan and was called to order by the President of
the Council at 8 00 P M Councilman Taylor delivered the invocation
Roll was called with the following result Present Fernon P Feenstra,
Laura Toy, Robert R Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale
Jurcisin, Absent None
Elected and appointed officials present Harry Tatigian, City Attorney,
Robert F Nash, City Clerk, Robert D Bennett, Mayor, John Nagy, Planning Director,
Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs , David
Preston, Finance Director, Ron Reinke, Superintendent of Parks and Recreation , William
Crayk, Chief of Police, Edith Davis, Personnel Director, Suzanne Wisler, Director
of Community Resources , Ray Pomerville, Labor Relations Director, James Inglis,
Housing Director, John Fegan, Director of Building Inspection, George Sills,
Superintendent of Public Service Division and William LaPine, Planning Commission
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#284-89 RESOLVED, that the minutes of the 1 ,149th Regular Meeting
of the Council of the City of Livonia, held March 22, 1989 are
hereby approved
The Council paused for a moment of silence in memory of Rosina Raymond,
Schoolcraft College Trustee, Vice President of the Livonia Municipal Library
Commission and longtime community activist in education as well as social issues
LA communication from the Finance Director, dated March 20, 1989 forwarding
various financial statements of the City of Livonia for the month ending February
28, 1989 was received and placed on file for the information of the Council
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On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
#285-89 RESOLVED, that having considered a letter from the
Interim Rector of St Andrew' s Episcopal Church, 16360 Hubbard
Road, Livonia, Michigan 48154, dated March 13, 1989, regarding
an All-Parish Rummage/Garage Sale to be conducted on Friday,
April 21 and Saturday, April 22, 1989, and wherein permission
is requested to place signs announcing the sale on those two
days which are to be double-sided 4 x 5 foot boards to be located
at the northeast corner of Hubbard and Five Mile Road and the
northeast corner of Hubbard and Six Mile Road, the Council does
hereby approve and grant this request in the manner and form
herein submitted
#286-89 RESOLVED, that having considered a communication from
the Chairman of the Gift Shop Committee of the Friends of the
Livonia Public Library, dated March 13, 1989, to which is attached
a recommendation regarding the room layout and equipment required
for a Friends Room at the Civic Center Library, the Council
does hereby refer this item to the Capital Improvement Committee
for its report and recommendation
#287-89 RESOLVED, that having considered a letter which bears
the signatures of certain residents of Hillcrest Avenue, dated
March 14, 1989, wherein a request is submitted for a road
improvement of Hillcrest Avenue from Seven Mile Road to St
Martins, the Council does hereby refer this item to the
Engineering Department for its report and recommendation
A communication from the Executive Director of the Community Commission
on Drug Abuse, dated March 8, 1989 forwarding the audited statements of the Commission
Commission for calendar year 1988 was received and placed on file for the information
of the Council
#288-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March
6, 1989, approved by the Director of Finance and approved for
submission by the Mayor, and the attached final estimate dated
March 6, 1989, the Council does hereby authorize final payment
in the amount of $3,383 20 to Westland Tree Service, 41307 Five
Mile Road, Plymouth, Michigan 48170, which sum includes the
full and complete balance due on a contract dated January 25,
1989, in the amount of $14,350 00, the actual contract amount
completed to date being $16,844 70, in connection with the 1989
Tree and Stump Removal Program, it appearing from the
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aforementioned report that all work under the said contract
has been completed in accordance with City standards and
specifications, and that the necessary contractor' s affidavit
has been filed
#289-89 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 21 , 1989, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2846 3/89, the Council
does hereby accept the offer of Pitometer Associates, 2 North
Riverside Plaza, Chicago, Illinois 60606, to perform testing
and repairing of large commercial water meters at the unit prices
bid in its letter of April 13, 1987, for all meter sizes requested
for the period through December 31 , 1989, for a price not to
exceed $15,375 00, further, the Council does hereby authorize
the said item without competitive bidding in accordance with
the provisions set forth in Section 3 04 140D5 of the Livonia
Code of Ordinances, as amended
#290-89 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated March 29, 1989, approved by
the Director of Finance and approved for submission by the Mayor,
the Council does hereby authorize the purchase of four 1989
Dodge Dakota pickups from Van Dyke Dodge Inc , 28400 Van Dyke,
Warren, Michigan 48093, for a total price of $33,351 92, the
same to be appropriated and expended from the Unexpended Fund
Balance Account for this purpose, further, the Council does
hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low
State of Michigan bid price, as well as for the additional reasons
indicated in the aforesaid communication , and such action is
taken in accordance with the provisions set forth in Section
3 04 140D5 of the Livonia Code of Ordinances, as amended
#291-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March
29, 1989, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
bid of Independent Energy Co , P 0 Box 957, Elyria, Ohio 44036,
for supplying the Public Service Division (Equipment Maintenance
Section) with motor oil and hydraulic oil items specified at
the unit prices bid through May 1 , 1990, for the total estimated
amount of $5,241 00, the same having been in fact the lowest
bid received and meets all specifications
#292-89 RESOLVED, that having considered the report and
recommendation of the Building Inspection Director, dated March
10, 1989, which bears the signature of the Finance Director
and is approved for submission by the Mayor, the Council does
hereby accept the bid of Stanson Wrecking Company, 6855 Haggerty
Road, Belleville, Michigan 48111 , to demolish and remove the
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structure located at 36434 Seven Mile Road, for the price of
$4,287 00, the same having been in fact the lowest bid received
and meets all specifications, further, the Council does hereby
appropriate and authorize the expenditure of a sum of $4,287 00
from the Municipal Refuse Account for this purpose
#293-89 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 13, 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor Pro Tem, the Council does hereby
reject all bids received for the purchase and installation of
an uninterruptible power supply system for the Police Department
computers, further, the Council does hereby authorize the taking
of new bids in accordance with provisions of law and City
ordinance with respect to this item, the action herein being
taken for the reasons indicated in the aforesaid communication
#294-89 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 20, 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase of the following equipment for the Division of
Police
Item Quantity Unit Cost Total Cost
Sig Sauer P226 semi- 1 $3,750 00 $3,750.00
automatic pistol retrofitted with laser device
9mm automatic plastic 2,000 $47 50 per $ 190 00
shells (unprimed) 500
9mm automatic primers 10,000 $25 00 per $ 250 00
Winchester 209 1 ,000
Total $4,190 00
from F ATS , Firearm Training Systems, Inc , 110 Technology
Parkway, Norcross, Virginia 30092, and the Council does hereby
appropriate and authorize the expenditure of a sum of $4,190 00
from Act 302 Sixty Percent Funds for this purpose, further,
the Council does hereby authorize the said item without
competitive bidding in accordance with the provisions set forth
in Section 3 04 140D5 of the Livonia Code of Ordinances, as
amended
#295-89 RESOLVED, that having considered a report and
recommendation of the Chief of Police, dated March 20, 1989,
which bears the signature of the Finance Director and is approved
ibm for submission by the Mayor, the Council does hereby accept
for and on behalf of the City of Livonia, cash donations in
a total amount of $5,756 64 from the sources indicated in the
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aforesaid communication, the same to be deposited in Account
No 702-000-285-211 for use in the DAR E Program
#296-89 RESOLVED, that having considered a communication from
the Historical Commission, dated March 27, 1989, approved by
the Finance Director and approved for submission by the Mayor,
with regard to a request from the Great Lakes Classic AMX Club
to conduct a car show at Greenmead on Sunday, August 20, 1989,
the Council does hereby approve and authorize the following
a A $2 00 admission fee to the show area and museum,
b A $5 00 booth fee for car vendors,
c A $50 00 booth fee for the food vendor, and
d A waiver of the $1 00 transient merchants license
#297-89 RESOLVED, that having considered a letter from the
Heritage Fair Committee of the Livonia Historical Society, dated
March 20, 1989, approved by the Finance Director and approved
for submission by the Mayor, the Council does hereby waive the
transient merchants license fee requirement for crafters who
are participating in the Annual Heritage Fair to be conducted
at Greenmead on Sunday, June 4, 1989
#298-89 RESOLVED, that having considered the report and
recommendation of the Historical Commission, dated March 27,
1989, approved by the Finance Director and approved for submission
by the Mayor, with regard to the Americana Craft Show to be
conducted at Greenmead on Saturday, August 26 and Sunday, August
27, 1989, the Council does hereby authorize charging a $35 00
fee for each craft booth space and does further waive the $1 00
transient merchants license requirement for participants
#299-89 RESOLVED, that having considered a communication from
the Director of Finance, dated March 29, 1989, approved for
submission by the Mayor, to which is attached a certified audit
report for the City of Livonia for the fiscal year ending November
30, 1988, which was completed by Plante & Moran, the Council
does hereby refer this item to the Finance and Insurance Committee
for its report and recommendation
A communication from the City Engineer, dated March 9, 1989 re Council
Resolution 169-89 -- Detroit Edison power outages in Section 31 was received and
placed on file for the information of the Council
#300-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 16, 1989, which
bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits final cost
information with regard to the improvement of Auburndale, Five
Mile to Myrna (S A D 305) , the Council does hereby determine
as follows
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a To authorize a reduction in the total assessments as
set forth in the confirmed assessment roll for S A D
305 from $49,013 92 to $45,968 92 with the assessments
to remain at the assessment rate of $12 70 p f f ,
b To establish the final project cost at $55,849 65, of
this total , $48,247 77 is to be charged to the special
assessment district and $7,601 88 is to be assumed by
the City' s Michigan Transportation Fund receipts,
c To authorize the City Assessor to increase the assessment
for parcels listed in Attachment III so as to include
the cost of additional work requested by property owners
within the assessment district, and
d To authorize the expenditure in the amount of $55,849 65
from the $7 9 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from
the next Special Assessment Paving Bond Issue ($48,247 77)
and the next Michigan Transportation Fund (M T F )
receipts ($7,601 88)
#301-89 RESOLVED, that having considered the report and
imp recommendation of the City Engineer, dated March 16, 1989, which
bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits final cost
information with regard to the improvement of Raleigh, Parkdale
and Van Court in the Northwest 1/4 of Section 32 (S A D 306) ,
the Council does hereby determine as follows
a To authorize a reduction in the total assessments as
set forth in the confirmed assessment roll for S A D
306 from $67,011 00 to $61 ,351 95 with the assessments
to remain at the assessment rate of $39 00 p f f for
the Alternate III pavement and remain at $12 30 for
the Alternate IV pavement,
b To establish the final project cost at $99,268 16, of
this total , $63,495 11 is to be charged to the special
assessment district and $35,773 05 is to be assumed
by the City' s Michigan Transportation Fund receipts ,
c To authorize the City Assessor to increase the assessment
for parcels listed in Attachment III so as to include
the cost of additional work requested by property owners
within the assessment district, and
d To authorize the expenditure in the amount of $99,268 16
from the $7 9 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
24906
reimbursed at such time as funds are available from
the next Special Assessment Paving Bond Issue ($63,495 11 )
and the next Michigan Transportation Fund (M T F )
receipts ($35,773 05)
#302-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 16, 1989, which
bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits final cost
information with regard to the improvement of Jarvis, South
of Plymouth Road (S A D 307) , the Council does hereby determine
as follows
a To authorize a reduction in the total assessments as
set forth in the confirmed assessment roll for S A D
307 from $22,891 46 to $21,841 46 with the assessments
to remain at the assessment rate of $12 70 p f f ,
b To establish the final project cost at $26,169 41 , of
this total , $22,809 58 is to be charged to the special
assessment district and $3,359 83 is to be assumed by
the City' s Michigan Transportation Fund receipts,
c To authorize the City Assessor to increase the assessment
for parcels listed in Attachment III so as to include
iip the cost of additional work requested by property owners
within the assessment district, and
d To authorize the expenditure in the amount of $26,169 41
from the $7 9 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from
the next Special Assessment Paving Bond Issue ($22,809 58)
and the next Michigan Transportation Fund (M T F )
receipts ($3,359 83)
#303-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 17, 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits final cost
information with regard to the improvement of the Seven Mile
Super Highway Subdivision (S A D 303) , the Council does hereby
determine as follows
a To authorize reducing the assessments for the Alternate
IV as set forth in the confirmed assessment roll for
S A D 303, the revised assessments to be based upon
an assessment rate of $11 20 p f f rather than $12 00
p f f and to keep the assessment rate for Alternate
II at $47 00 p f f ,
24907
To establish the final project cost at $427,592 60,
-
Lb
of thi5 tOtal , �244,9l3 O5 is tO b2 chdrged tO the specidl
assessment district and 5182,678 75 is to be assumed
by the City' s Michigan Transportation Fund receipts,
c To authorize the City Assessor to increase the assessment
for parcels listed in Attachment III so as to include
the cost of additional work requested by property owners
within the assessment district, and
d To authorize the expenditure in the amount of $427,592 60
from the $7 9 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from
the next Special Assessment Paving Bond Issue and the
next Michigan Transportation Fund (M T F ) receipts.
A communication from the Chairman of the City Planning Commission, dated
March 9, 1989 re Council Resolution 115-89 - report and recommendation on the
possible change of the Master Thoroughfare Plan re designation of Hubbard Road
from Schoolcraft Road to Six Mile Road was received and placed on file for the
information of the Council
#304-89 RESOLVED, that having considered a communication from
the Planning Commission, dated March 9, 1989' and submitted
pursuant to Council Resolution 115-99 in connection with the
designation of Hubbard Road from Schoolcraft Road to Six Mile
Road, and more particularly whether the same should be changed
from a collector road to a local road, the Council does hereby
refer this subject to the Committee of the Whole for its report
and recommendation
A communication from the Secretary of the City Planning Commission, dated
February 17, 1989 re Petition 88-12~7-3 amending Part VII of the Master Plan, the
Future Land Use Plan was received and placed on file for the information of the
Council
A communication from the Director of the Livonia Housing Commission, dated
March 14, 1989 re Livonia Housing Commission Financial Statements was received and
placed on file for the information of the Council
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#305-89 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 10, 1989,
approved by the Finance Director and the City Engineer and
approved for submission by the Mayor Pro Tem, and to which
is attached a proposed agreement between Spalding DeDecker
& Associates, Inc and the City of Livonia for the purpose
of having the said firm provide construction engineering
services in connection with the Newburgh Road Pavement and
Bridge Widening Project, Plymouth Road to Ann Arbor Road,
the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the said
agreement in the manner and form herein submitted, as well
as to do all other things necessary or incidental to the full
performance of this resolution
A communication from the City Attorney, dated March 9, 1989 re Newburgh
Road right-of-way acquisition costs was received and placed on file for the
information of the Council
#306-89 RESOLVED, that having considered a letter from Lionel
E LaMay, President of the Riverside Arena Roller Rink, 36635
Plymouth Road, Livonia, Michigan 48150, dated March 27, 1989,
expressing an interest in the acquisition of certain City-owned
property located on Plymouth Road in return for the conveyance
of certain right-of-way and a reasonable cash payment, the Council
does hereby refer this item to the Department of Law for its
report and recommendation
#307-89 RESOLVED, that having considered a communication from
the Cable Television Commission, dated March 27, 1989, approved
by the Director of Community Resources and approved for submission
by the Mayor, and which transmits its resolution 128-89, wherein
it is recommended that MetroVision be authorized to purchase
equipment as set forth in the attachment for community and
municipal access use in an amount not to exceed $62,638 00,
the Council does hereby concur in and approve this request in
the manner and form herein submitted
#308-89 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 27, 1989, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2843 3/89, the Council
does hereby accept the unit price bid of Troelsen Excavating
Company, 1395 Rochester Road, Troy, Michigan 48084, for completing
all work in connection with the construction of three pressure
reducing valves and vaults located at Merriman and Eight Mile
Road, Middlebelt and Eight Mile Road, and Penn Drive located
lis in Quakertown Subdivision, including Alternate No 1 specified
in the proposal for the estimated total cost of $95,222 50,
based upon the Public Service Division ' s estimate of units
involved and subject to a final payment based upon the actual
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units completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, and the Council does
hereby appropriate a sum not to exceed $95,222 50 from the
Unexpended Fund Balance Account of the Water Fund, further,
the Council does hereby direct the Engineering Department to
provide contract administration and inspection of this project,
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as necessary, and the Mayor and City
Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and
to do all other things necessary or incidental to the full
performance of this resolution
#309-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March
31 , 1989, approved by the Director of Finance and approved for
submission by the Mayor, and which transmits a recommendation
of the Solid Waste Management Committee for the employment of
a Public Opinion Research Consultant to conduct a trash disposal
survey, the Council does hereby refer this item to the Solid
Waste Disposal Study Committee for its report and recommendation
#310-89 RESOLVED, that having considered a communication from
the Personnel Director and the Director of Labor Relations,
Impdated April 3, 1989, which transmits a resolution adopted by
the Civil Service Commission on March 16, 1989, regarding salary
adjustments and benefits for the classifications of Police Chief,
Fire Chief and Deputy Police Chief for the period December 1 ,
1988 through November 30, 1991 , and having also considered a
letter from the Mayor, dated April 3, 1989, with regard to the
position of Director of Labor Relations, the Council does hereby
refer these items to the Committee of the Whole for its report
and recommendation
#311-89 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, May 22, 1989,
at 8 00 P M at the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
Petition 88-12-1-39, submitted by John Mahn, for a
change of zoning on property located on the east side
of Wayne Road, south of Ann Arbor Trail in the Southwest
1/4 of Section 33, from R-1 to C-2, the City Planning
Commission in its resolution 2-31-89 having recommended
to the City Council that Petition 88-12-1-39 be denied,
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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
#312-89 RESOLVED, that having considered a communication dated
March 24, 1989, from Michael C DeLaere on behalf of Cinemark
Corporation which in accordance with the provisions of Section
19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes
an appeal from a determination made on March 20, 1989, by the
City Planning Commission in its resolution 3-54-89, with regard
to Petition 89-2-8-7, submitted by Michael C DeLaere, requesting
approval of all plans in connection with a proposal to construct
an addition to an existing theater located on the north side
of Plymouth Road between Sears Drive and Tech Center Drive in
the Southwest 1/4 of Section 26, the Council does hereby designate
Monday, May 22, 1989 at 8 00 P M as the date and time for
conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan and the City Clerk is hereby requested to
do 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 543,
as amended, the Zoning Ordinance of the City of Livonia
#313-89 WHEREAS, pursuant to the direction of the City Council
in its resolution 136-89, adopted on February 6, 1989, and in
accordance with Section 3 08 100 of the Livonia Code of
Ordinances, as amended, the City Assessor of the City of Livonia
has prepared, reported and certified to the Council under date
of March 7, 1989, an assessment roll dated March 7, 1989, for
the proposed street improvement consisting of a 28 ft wide
full-depth asphalt pavement (approximately 7 1/2" thick) with
mountable asphalt curbs (Alternate III) , on Foch, Clarita,
Pickford and Goff, located in the East 1/2 of the Northeast
1/4 of Section 12, containing the special assessments to be
assessed and levied, respectively, in the proposed special
assessment district heretofore established for the construction
and operation of the proposed improvement in said district as
designated in Council Resolution 136-89
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THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council , that it is hereby ordered to be filed in
the office of the City Clerk for public examination, that the
City Clerk be and hereby is directed to give notice as required
by the provisions of Section 3 08 110 of the Livonia Code of
Ordinances, as amended, to wit that the assessment roll has
been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia
will meet in the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, on Monday May 15, 1989, at 7 00 P M , to review the
said special assessment roll at which time and place opportunity
will be given to all interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least
once in the official newspaper of the City of Livonia which
is published and circulated generally in and throughout the
said City, at least ten (10) days prior to the aforesaid date
of April 3, 1989, the City Clerk is also directed to give notice
of said hearing by sending written notice thereof by first class
mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the
most current assessment roll in the City Assessor' s office
A roll call vote was taken on the foregoing resolutions with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
#314-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 5,
1989, and submitted pursuant to Council Resolution 1056-88,
in connection with the report and recommendation of the Director
of Finance, dated October 6, 1988, approved for submission by
the Mayor, regarding the use of general fund budgets for specific
projects by the Historical Commission and the Historic
Preservation Commission, and a letter from the Chairperson of
the Historic Preservation Commission, dated January 18, 1989,
approved by the Finance Director and approved for submission
by the Mayor, the Council does hereby reject and deny permission
to transfer unused General Fund Budgets of the Historical
Commission and Historic Preservation Commission into trust funds
in the manner and form described herein
LimA roll call vote was taken on the foregoing resolution with the following result
24912
160 AYES Taylor, Jurcisin, Toy, Bishop and McCotter
NAYS Ochala and Feenstra
The President declared the resolution adopted.
On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#315-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 5,
1989, and submitted pursuant to Council Resolution 120-89, in
connection with the report and recommendation of the Director
of Finance, dated January 12, 1989, approved for submission
by the Mayor, with regard to establishing a Tenant/User Insurance
Program which would afford tenant/users of City facilities the
ability to obtain insurance coverage in the manner detailed,
the Council does hereby authorize the Mayor and City Clerk for
and on behalf of the City of Livonia, to execute a contract
with the K and K Insurance Agency, Inc , 1712 Magnavox Way,
P 0 Box 2338, Fort Wayne, Indiana 46801 , wherein users and
Iwo lessees of City facilities will be provided the benefit of an
alternative insurance policy for use in connection with City
facilities , further, the Council does hereby authorize a $3,000 00
refundable deposit with this Company so that the said policy
can take affect upon approval herein
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#316-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 5,
1989, and submitted pursuant to Council Resolution 130-89, in
connection with a communication from the Department of Law,
dated December 28, 1988, approved for submission by the Mayor,
to which is attached a proposed Facility Use Policies and
Procedures Manual , the Council does hereby approve the proposed
Facility Use Policies and Procedures Manual in the manner and
form herein submitted, such approval to include the attached
fee schedule with the exception, however, that the fees set
forth in Council Resolution 1055-88 shall , to the extent
applicable, supersede those authorized herein
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
Land unanimously adopted, it was
24913
1317-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 5,
1989, and submitted pursuant to Council Resolution 121-89 in
connection with a communication from the City Treasurer, dated
January 19, 1989, with regard to the proposed cancellation of
certain 1980, 1981 and 1982 personal property taxes, the Council
does hereby authorize the City Treasurer to petition the circuit
court for the County of Wayne to cancel the said personal property
taxes in accordance with provisions of State statute, and the
Department of Law is hereby requested to institute the aforesaid
litigation in the manner and form herein authorized
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#318-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 5,
1989, and submitted pursuant to Council Resolution 121-89 in
connection with a communication from the City Treasurer, dated
January 19, 1989, with regard to the proposed cancellation of
certain 1980, 1981 and 1982 personal property taxes, the Council
does hereby determine to keep this subject in the Committee
of the Whole for further consideration
Councilwoman McCotter took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 88-9-3-7)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 7 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
24914
III OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 88-10-1-30)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Toy and Bishop
NAYS Jurcisin, McCotter and Feenstra
The President declared the foregoing Ordinance duly denied inasmuch as a protest,
signed by owners of at least twenty (20) percent of the land included in the proposed
zoning change, had been filed in a timely manner requiring a 3/4 affirmative vote
by the Council pursuant to City Zoning Ordinance and State Law
Councilman Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING
161, 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 88-7-1-19)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Jurcisin , Toy, Bishop and Feenstra
NAYS Taylor, Ochala and McCotter
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Ochala took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 88-10-3-10)
Ibli A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
24915
ii• NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilwoman Toy took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 88-11-3-12)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
imm Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 31 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 88-4-1-8)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilwoman McCotter gave first reading to the following Ordinance
Iwo AN ORDINANCE AMENDING SECTION 27 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
24916
ibis 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 88-11-1-36)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
it 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 of the Council
Councilman Taylcr gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 21 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 LVIONIA
ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 88-10-1-32)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
iiimin 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 of the Council
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#319-89 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated March 29, 1989, approved by
the Director of Finance and approved for submission by the Mayor,
the Council does hereby authorize the purchase of four Buick
Century four-door sedans from Tamaroff Buick Inc , 28585 Telegraph
Road, Southfield, Michigan 48034, for a total price of $41 ,440 32,
the same to be appropriated and expended from the Unexpended
Fund Balance Account for this purpose, further, the Council
does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low
State of Michigan bid price, as well as for the additional reasons
indicated in the aforesaid communication , and such action is
taken in accordance with the provisions set forth in Section
iiim 3 04 14005 of the Livonia Code of Ordinances, as amended
24917
tio On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
#320-89 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated October 28, 1988
(reauthorized January 5, 1989) and the reports and recommendations
of the Chief of Police dated March 10, 1989 and the City
Treasurer, dated April 3, 1989, in connection with a request
from John Kotsopodis and Christ Kotsopodis, partners, to transfer
ownership, through Circuit Court Order, of a 1987 Class C licensed
business with dance permit held in escrow from Browne Brothers,
Inc , John Kotsopodis, temporary receiver, which business is
located at 32826 Five Mile Road, Livonia, Michigan 48154, Wayne
County, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Bishop, McCotter and Feenstra
NAYS Ochala, Jurcisin and Toy
The President declared the resolution adopted
ImoOn a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#321-89 RESOLVED, that having considered communications from
the Mayor, dated March 22, 1989 and April 6, 1989, with regard
to Project Concern ' s Walk for Mankind, as authorized in Council
Resolution 204-89, and having also considered a letter from
the Director of Finance, dated March 30, 1989, approved for
submission by the Mayor, the Council does hereby determine to
appropriate and authorize the expenditure of the sum of $1 ,323 00
from the Unexpended Fund Balance account to cover the cost of
public safety assistance with respect to this activity, further,
the Council does hereby authorize waiving the requirement for
liability insurance, inasmuch as the City' s current policy will
provide sufficient coverage
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
RESOLVED, that having considered a letter from The
lim Hertz Corporation, dated March 9, 1989, wherein permission is
requested for the use of Henry Ford Centennial Athletic Field
24918
to conduct a private car sale on Saturday, July 15, 1989, from
� 9 00 A M to noon, said sale to be conducted in the south section
0L
of the Eddie Edgar Arena parking lot, the Council does hereby
grant and approve this request in the manner and form herein
submitted, subject to providing a certificate of insurance in
the amount of $1 ,000,000 that names the City as additional
insured, the same to be approved as to form by the Department
Of Law, further, that a fee of $500 00 shall be charged for
this event.
A roll call vote was taken on the foregoing resolution with the following result
AYES Toy and McCotter
NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra
The President declared the resolution denied
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
it was
#322-89 RESOLVED, that having considered a letter from The
Hertz Corporation, dated March 9, 1989, wherein permission is
requested for the use of Henry Ford Centennial Athletic Field
�
to conduct a private car sale on Saturday, July 15, 1989, from
9 00 A M to noon, said sale to be conducted in the south section
of the Eddie Edgar Arena parking lot, the Council does hereby
reject and deny this request
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin , Bishop and Feenstra
NAYS Toy and McCotter
The President declared the resolution adopted
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#323-89 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 22,
1989, approved for submission by the Finance Director and the
Mayor, and which transmits Parks and Recreation Commission
resolution 2015-89 wherein it is recommended that permission
be granted for the use of Ford Field by area sporting goods
stores to sell baseball equipment during team photo sessions,
UL such sales to be limited to Saturday, May 13, 1989 and Saturday,
24919
June 10, 1989 between the hours of 8 00 A M and 5 00 P M ,
the Council does hereby concur in and approve of this request
in the manner and form herein submitted
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
#324-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 15, 1989,
approved for submission by the Mayor, and submitted pursuant
to Council Resolution 1170-88 in connection with a petition
submitted by Earl and Mable Cox, 32650 Pembroke, Livonia,
Michigan, wherein a request is submitted for additional street
lighting at or near Jaycee Park, the Council does hereby authorize
and request that the City Clerk make application to the Detroit
Edison Company, on forms provided by such company, for increasing
the wattage of two existing lights within the Jaycee Park from
100 to 250 watts, it being the determination of the Council
that such lighting is required in order to further protect the
safety of the residents of the community
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#325-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1989, which
transmits its resolution 2-44-89, adopted on February 28, 1989,
with regard to revised site plans submitted in connection with
Petition 86-6-8-33, submitted by Chestnut Hills for the
construction of a multi-use complex on the east side of Haggerty
Road between Seven and Eight Mile Roads in Section 6, pursuant
to the provisions set forth in Section 18 47 of Ordinance 543,
as amended, the Council does hereby concur in the recommendation
of the Planning Commission and the revised site plans for Petition
86-6-8-33 are 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
imiOn a motion by Councilwoman Toy, seconded by Councilwoman McCotter,
it was
24920
#326-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1989, which
transmits its resolution 2-45-89, adopted on February 28, 1989,
with regard to revised sign plans for the Laurel Park Professional
Center located on the south side of Six Mile Road between South
Laurel Park Drive and Newburgh in the Northeast 1/4 of Section
18, the Council does hereby concur in the recommendation of
the Planning Commission and approves the revised sign plans,
subject to compliance with the same conditions as set forth
in the aforesaid action of the Planning Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
The President declared the resolution adopted
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
#327-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1989, which
transmits its resolution 2-34-89, adopted on February 28, 1989,
with regard to Petition 89-1-2-1 , submitted by Kirk' s Kwik Stop,
Inc , requesting waiver use approval to utilize an SDD license
in connection with an existing party store located on the
southeast corner of Ann Arbor Road and Knolson Avenue in the
Southwest 1/4 of Section 31 , which property is zoned C-2, the
Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result
AYES Ochala, Toy, McCotter and Feenstra
NAYS Taylor, Jurcisin and Bishop
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Taylor,
it was
24921
RESOLVED, that having considered a communication from
imm the City Planning Commission, dated March 22, 1989, which
transmits its resolution 3-46-89, adopted on March 14, 1989,
with regard to Petition 89-1-2-2, submitted by the Rotary Club
of Livonia, requesting waiver use approval to hold a fund-raising
carnival at Ladbroke DRC located at the southeast corner of
Schoolcraft Service Drive and Middlebelt Road in the Northwest
1/4 of Section 25, which property is zoned C-2, the Council
does hereby reject the recommendation made by the Planning
Commission and Petition 89-1-2-2 is hereby denied for the
following reasons
1 That the petitioner has failed to affirmatively show
that the proposed use is in compliance with all of the
general waiver use standards and requirements set forth
in Section 19 06 of the Zoning Ordinance 543
2 That the proposed use is incompatible to and not in
harmony with the surrounding uses in the area
3 That traffic to and from the subject site will be such
that it will unduly conflict with the normal traffic
generated by adjacent and surrounding uses in the area
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
Lit was
#328-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 1989, which
transmits its resolution 3-46-89, adopted on March 14, 1989,
with regard to Petition 89-1-2-2, submitted by the Rotary Club
of Livonia, requesting waiver use approval to hold a fund-raising
carnival at Ladbroke DRC located at the southeast corner of
Schoolcraft Service Drive and Middlebelt Road in the Northwest
1/4 of Section 25, which property is zoned C-2, the Council
does hereby refer this item to the Committee of the Whole for
its report and recommendation
A roll call vote was taken on the referral resolution with the following result
AYES Ochala, Jurcisin, McCotter and Feenstra
NAYS Taylor, Toy and Bishop
The President declared the resolution to refer adopted
On a motion by Councilman Ochala, seconded by Councilman Taylor,
lomit was
24922
#329-89 RESOLVED, that having considered a communication from
� the City Planning Commission, dated March 20, 1989, which
transmits its resolution 2-37-89, adopted on February 28, 1989,
with regard to Petition 89-1-2-5, submitted by Stan' s Market,
Inc , requesting waiver use approval to utilize an SDM license
within an existing retail store located on the southwest corner
of Ann Arbor Road and KnUlsUn in the Southwest 1/4 of Section
31 , which property is zoned C-1 , the Council does hereby concur
in the recommendation made by the Planning Commission and Petition
89-1-2-5 is hereby approved and granted, the Council having
determined to waive the 500' separation rule set forth in Section
10 03(g) of Ordinance 543
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
The President declared the resolution adopted
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
it was
� #330-89 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated December 20, 1988,
the report and recommendation of the Chief of Police, dated
January 5, 1989, and the report and recommendation of the Director
of Inspection, dated March 28, 1989, in connection therewith,
the Council does hereby approve of a request from Stan ' s Market,
Inc , for the transfer of the location of a 1988 3DM Licensed
Business from 38001 Ann Arbor Road to 38741 Ann Arbor Road,
Livonia, Michigan 48150, Wayne County, and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission, and Council Resolution
23-89, adopted on January 9, 1989, is hereby repealed and
rescinded
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS` Feenstra
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
NL- and unanimously adopted, it was
24923
#331-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1989, which
transmits its resolution 2-38-89, adopted on February 28, 1989,
with regard to Petition 89-1-2-6, submitted by Nesbitt Partners,
requesting waiver use approval to utilize a Class C liquor license
in conjunction with the Embassy Suites Hotel proposed to be
located on the east side of the I-275 Expressway between Seven
and Eight Mile Roads in the South 1/2 of Section 6, which property
is zoned C-4, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 89-1-2-6 is hereby
approved and granted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#332-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 23, 1989, which
transmits its resolution 3-52-89, adopted on March 20, 1989,
with regard to Petition 89-2-2-17, submitted by Trapp Associates
Ltd , requesting waiver use approval to construct a restaurant
to be located on the south side of Seven Mile Road between I-96
( I-275) and Haggerty Road in the Northwest 1/4 of Section 7,
which property is zoned C-2, the Council does hereby refer this
lis item to the Committee of the Whole for its report and
recommendation
On a motion by Councilwoman McCotter, seconded by Councilman Taylor,
and unanimously adopted, it was
#333-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 23, 1989, which
transmits its resolution 3-53-89, adopted on March 20, 1989,
with regard to Petition 89-2-2-15, submitted by Trapp Associates
Ltd , requesting waiver use approval to utilize a Class C liquor
license (serving of liquor, beer and wine by the glass) in
conjunction with a restaurant to be located on the south side
of Seven Mile Road between I-96 ( I-275) and Haggerty Road in
the Northwest 1/4 of Section 7, which property is zoned C-2,
the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation
On a motion by Councilman Bishop, seconded by Councilman Ochala,
and unanimously adopted, it was
24924
#334-89 RESOLVED, that having considered the report and
�
recommendation of the Housing Director, dated March 15,
1989, approved for submission by the Mayor Pro Tem, which
transmits its resolution adopted by the Housing Commission
on March 14, 1989, wherein an adjustment is recommended
to the Silver village admission and continued occupancy
income limits which is as follows
Section I - Eligibility for Admission and Section IV -
Eligibility for Continued Occupancy (annual
re-examination
Present Admission Limits Revised Admission Limits
$21 ,200 Single $22,350 Single
$24,200 Couple $25,500 Couple
Present Continued Occupancy Revised Continued Occupancy
$23,500 Single $24,650 Single
$26,800 Couple $28,100 Couple
the Council does hereby concur in and approve of such action
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
mm� it was
RESOLVED, that having considered a communication
from the City Clerk, dated March 13, 1989, which indicates
that the successful bidder for the purchase of certain
City-owned property located at 11884 Cardwell has declined
to complete the purchase of the said property in accordance
with the terms and conditions on the basis of the bid accepted
in connection with Council Resolution 1199-88, the Council
does hereby authorize the Finance Department to proceed
with the taking of new bids for the sale of this property,
and the $500 00 bid deposit of Franklin Hall Homes, Inc
and Jack Stone is hereby declared forfeited and authorized
to be deposited in the City treasury
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#335-89 RESOLVED, that having considered a communication
from the City Clerk, dated March 13, 1989, which indicates
that the successful bidder for the purchase of certain
City-owned property located at 11684 Cardwell has declined
�
to complete the purchase of the said property in accordance
24925
Li with the terms and conditions on the basis of the bid accepted
in connection with Council Resolution 1199-88, and having
also considered a letter from Franklin Hall Homes, Inc
dated April 12, 1989, wherein he is rescinding his earlier
request for a short term land contract, the Council does
hereby reaffirm Council Resolution 1199-88 which authorized
the sale of the subject property on a cash basis, the said
transaction to be completed no later than ten (10) days
after the effective date of this resolution, in the event
the prospective purchaser fails to proceed with the completion
of this transaction as herein specified, the bid deposit
shall be declared forfeited and authorized to be deposited
in the City treasury
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy and McCotter
NAYS Bishop and Feenstra
The President declared the resolution adopted
On a motion by Councilman Jurcisin , seconded by Councilman Taylor,
and unanimously adopted, it was
#336-89 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 9,
1989, approved for submission by the Mayor, the Council
does hereby accept the offer of Roy Hubenschmidt, 13938
Grant Drive, Plymouth, Michigan , to convey to the City of
Livonia, the following described property
Property in the Northeast 1/4 of Section 12, Town
1 South, Range 9 East, City of Livonia, County of
Wayne, State of Michigan, described as that part of
Lot 20, Garden Farms Subdivision, Liber 40, Page 56
of Plats, Wayne County Records, beginning at the
Northeast corner of Lot 20 and proceeding thence South
0° 15' East along the East line 155.57 feet, thence
North 32° 00' West 14 71 feet, thence North 24° 15'
West 43 06 feet, thence North 0° 30' West 104 19 feet
to the North line of Lot 20, thence South 89° 15'
East along said line 25 86 feet to the point of
beginning (Parcel No 46-045 01 0020-002)
and the Department of Law is hereby requested to prepare
and place in legal form such documents as may be necessary
to consummate this transaction
24926
On a motion by Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#337-89 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 9,
1989, approved by the Finance Director and approved for
submission by the Mayor, the Council does hereby authorize
the execution of the attached Stipulation for Consent Judgment
and entry of the Consent Judgment in Wayne County Circuit
Court Case No 86-616988 CC, providing for the taking of
property located on the South side of Plymouth Road between
Inkster and Arcola , BE IT FURTHER RESOLVED, that the Council
does hereby appropriate a sum of $16,000 as additional
compensation, a sum of $4,248 89 as additional interest,
a sum of $727 97 as that portion of ad valorem real estate
taxes upon said lands from September 26, 1986 the date of
taking, to December 18, 1986 the date of conveyance, the
sum of $13,000 00 as attorney fees, the sum of $75 00 as
mediation fees, the sum of $1 ,800 00 as appraisal fees,
the sum of $71 65 as transcript fees, the sum of $30 00
as jury fees and the sum of $10 00 as motion fees, further,
the Council does hereby authorize the aforesaid sums be
paid to the former owners of the property Frank J Frischkorn
and June R Frischkorn, 690 Fairford Road, Grosse Pointe,
immMichigan 48236, and the Council does further authorize the
sum of $500 00 for the appraisal update of June 16, 1988
to Charles W Allen Jr , MAI , SRPA, 15337 Farmington Road,
Livonia, Michigan 48154, and the Council does hereby
appropriate the aforesaid sums from the unexpended fund
balance account for this purpose , and the City Clerk and
City Treasurer are hereby authorized to do all things
necessary or incidental to the full performance of this
resolution
On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#338-89 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated March 27, 1989, approved
by the Director of Finance and approved for submission by
the Mayor, and which transmits its resolution WS 2845 3/89,
wherein it is recommended that an amendment to Table 13 20 120
of Chapter 13. 20, Section 13 20 120D3 of the Livonia Code
of Ordinances be amended to reflect new charges effective
July 1 , 1989, and on all bills rendered after August 1 ,
1989, with regard to industrial waste control charge rates,
the Council does hereby refer this item to the Department
of Law for the preparation of the ordinance amendment
necessary to implement this recommendation
24927
I-' On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
and unanimously adopted, it was
#339-89 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 8, 1989,
which sets forth its resolution 1-4-89, adopted on January
31 , 7989° with regard to Petition 88-12-2-52, submitted
by David Ted Pettey for waiver use approval to utilize a
Class C liquor license in conjunction with a new billiard
hall proposed to be located within an existing shopping
center located on the south side of Eight Mile Road between
Grand River Avenue and Angling Road in the Northeast 1/4
Of Section 1 , which property is zoned C-2, and the Council
having conducted a public hearing with regard to this matter
VD March 20, 1989, pursuant to Council Resolution 163-89,
the Council does hereby concur in the recommendation of
the City Planning Commission and the said Petition 88-12-2~52
is hereby denied, for the same reasons as those set forth
in the action taken by the Planning Commission
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
Lit was
#340-89 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 8, 1989,
which sets forth its resolution 1-5-89, adopted on January
31 , 1989, with regard to Petition 88-12-2-53, submitted
by Meadowdale Foods, Inc , requesting waiver use approval
to utilize an SDD license in conjunction with a new Great
Scott Supermarket to be located within the Northridge Commons
Shopping Center on the south side of Eight Mile Road between
Farmington and Gill Roads in the Northeast 1/4 of Section
4, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on
March 20, 1989, pursuant to Council Resolution 164-89, the
Council does hereby concur in the recommendation of the
City Planning Commission and the said Petition 88-12-2-53
is hereby denied, for the same reasons as those set forth
in the action taken by the Planning Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
LThe President declared the resolution adopted
24928
Imp On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
it was
#341-89 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 13, 1989,
which sets forth its resolution 1-10-89, adopted on January
31 , 1989, with regard to Petition 87-5-2-21 (extension) ,
submitted by Rapid Oil Change, requesting waiver use approval
to construct a fast oil change facility on the southwest
corner of Five Mile Road and Bainbridge in the Northwest
1/4 of Section 23, which property is zoned C-2, and the
Council having conducted a public hearing with regard to
this matter on March 20, 1989, pursuant to Council Resolution
105-89, the Council does hereby reject the recommendation
of the City Planning Commission and the said Petition 87-5-2-
21 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala , Jurcisin, McCotter and Feenstra
NAYS Toy and Bishop
LThe President declared the resolution adopted.
On a motion by Councilwoman McCotter, seconded by Councilman Bishop,
it was
#342-89 RESOLVED, that the Council does hereby rescind
and repeal Council Resolution 72-89, adopted on January
25, 1989, which determined public necessity for a road
improvement consisting of a 28 ft wide full-depth asphalt
pavement with mountable asphalt curbs (Alternate III ) on
Northland and St Martins and the placement of approximately
4" of asphalt over the existing roadway (Alternate IV) on
Bethany in the Southeast 1/4 of Section 6, City of Livonia,
Wayne County, Michigan
A roll call vote was taken on the foregoing resolution with the following result
AYES' Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
The President declared the resolution adopted
24929
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
Lit was
#343-89 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated July 27, 1988 on all matters
required by Sections 3 08 060 of the Livonia Code of
Ordinances, as amended, and a first public hearing having
been held thereon on September 14, 1988, 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 the placement of approximately 4" of asphalt
over the existing roadway (Alternate IV) on
Northland, St Martins and Bethany in the Southeast
1/4 of Section 6, 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
April 13, 1989
(4) determine that the estimated cost of such
improvement is $110,990 59,
(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 born and paid by the City
shall be 15% of paving ($16,131 09) and 100% of
drainage ($3,450 00) and that the balance of said
cost and expense of said public improvement
amounting to 85% of paving ($91 ,409 50) 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,
24930
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing
the land and premises upon which special assessments
shall be levied as follows
A special assessment district in the S E 1/4
of Section 6, T l S , R 9 E , City of Livonia,
Wayne County, Michigan, described as containing
the property shown on the Proposed Assessment
Roll and Plan
(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
L /lO) 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 said Code
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1344-89 RESOLVED, that having considered a communication
from the Director of Community Resources, dated March 7,
1989, approved by the Finance Director and approved for
submission by the Mayor, and which transmits cash donations
for senior citizen programs received from various sources
in a total amount of $1 ,185 00, the Council does, for and
on behalf of the City of Livonia, accept the said cash
donations and authorize the deposit of the same in Account
No 702-000-285-216 for use in the senior citizen programs
24931
lieOn a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#345-89 RESOLVED, that having considered a communication
dated March 29, 1989, from the Department of Law transmitting
for Council acceptance an Amended Warranty Deed more
particularly described as
Amended Warranty Deed dated March 20, 1989, executed by
Canterbury Park Associates, a Michigan Partnership, by David
L Bittker, Partner, and Marvin Rosenthal , Partner, for
A part of the southwest 1/4 of Section 3, T 1S , R 9E ,
City of Livonia, Wayne County, Michigan
Commencing at the southwest corner of Section 3, T 1S ,R.9E. ,
and proceeding thence N 89°38'30" E , 1612 06 feet along the
south line of said Section 3, thence N 00°21 '30" W , 60 00
feet to the point of beginning of the parcel herein described,
thence N 00°21 ' 30" W , 90 00 feet, thence N 08°10'21" E , 50 56
feet, thence N 00°21 '30" W , 79 99 feet to the beginning of a
curve concave to the southwest having a radius of 120.00 feet,
thence northwesterly 176 93 feet along said curve, thence N
00°01 ' 15" W , 60 16 feet to a point on a curve concave to the
southwest having a radius of 180 00 feet, thence southeasterly
270 84 feet along said curve, thence S 00°21 '30" E. , 79 99
feet, thence S 08°53'21" E. , 50 56 feet, thence S 00°21 '30" E
90 00 feet, thence S 89°38'30" W 75 00 feet to the point of
beginning
(Mayfield Avenue right-of-way) Sidwell No 46-11-990009002-000
the Council does hereby for and in behalf of the City of
Livonia accept the aforesaid Amended Warranty Deed and the
City Clerk is hereby requested to have the same recorded
in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of
this resolution
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#346-89 RESOLVED, that having considered a communication
dated March 29, 1989, from the Department of Law transmitting
for Council acceptance two (2) Grants of Easement, more
particularly described as
24932
(1 ) Grant of Easement dated March 2, 1989, executed
by Tooling & Equipment International Inc. , a
LMiChigOn Corporation, by Wendell Doolin, President,
and Clifford Rothwell , Vice President, for:
The West 12 feet of the East 357.51 feet of the
North 12 feet of the following parcel of land
That part of the S.E 1/4 of Section 28,
T 13' ,R 9E , City of Livonia, Wayne County, Michigan
described as Beginning at the N E corner of
Lot 119 Alden Village Subdivision, as recorded
in Liber 66 of Plats, Page 78, Wayne County Records
and proceeding thence S 15«03' 10x W along the
east line of said subdivision 174 18 feet, thence
S. 88"20' 40" E , 776.94 feet, thence N 0"39'
E. , 169 47 feet, thence N 86p20'40" W. , 733.60
feet to the point of beginning
(2) Grant of Easement dated March 7, 1989° by Cass
Erectors Inc , a Michigan Corporation, by John
A Brenneman, Secretary/Treasurer, and Eileen
8, Brenneman, President, for*
The Westerly most twelve (12) feet of the following
Lparcel of land
Part of the S C. ./4 of Section 28, I.1S. ,D.9E. , City of Livonia,
Wayne County, Michigan, described as beginning at a point distant
South 15"03' lO" West 243-84 feet and South 88"20/40" East 378.09
feet from the S E corner of Lot 116 Alden Village Subdivision,
Liber 66, Page 78, Wayne County Records, and proceeding thence
North 01"39'20" East 140.08 feet; thence along a curve to the left,
radius 66 00 feet, central angle 90 degrees, an arc distance of
103.67 feet, and whose chord bears North 46"39'20° East a distance
of 93.34 feet, thence South 88"20'40, East 287,90 feet; thence
South 00"39'OO" West 206.10 feet; thence North 88"20'40" West
357.51 feet to the point of beginning.
the Council does hereby for and in behalf of the City of
Livonia accept the aforesaid Grants of Easement and the
City Clerk is hereby requested to have the same recorded
in the office of the Register of Deeds and to do all other
things necessary or incidental to fulfill the purpose of
this resolution
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
lirmInd unanimously adopted, it was
24933
#347-89 RESOLVED, that having considered a letter from
the Executive Director of the Livonia Chamber of Commerce,
15401 Farmington Road, Livonia, Michigan 48154, dated April
5, 1989, the Council does hereby take this means to indicate
that the Livonia Chamber of Commerce is recognized as a
non-profit oganization operating in the community, the action
herein being taken for the purpose of affording the Livonia
Chamber of Commerce an opportunity to obtain a gaming license
from the State of Michigan in accordance with provisions
of State Statute
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#348-89 RESOLVED, that having considered a letter from
Racquetime Health Club, 36600 Plymouth Road, Livonia, Michigan
48150, wherein a request is submitted for a proposal for
a course for a one mile Family Fun Run and four mile "Run
For Your Life" to be held on May 6, 1989, the Council does
hereby refer this item to the Chief of Police, the Finance
Director and the Director of Public Works for their respective
reports and recommendations
/mrsOn a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#349-89 WHEREAS, Special Assessment Rolls as described
below (the "Rolls" ) for the construction of street
improvements in various special assessment districts similarly
denominated in the City have been prepared, reviewed and
confirmed by the City, and
WHEREAS, the City Council has determined that it
will be necessary to issue special assessment bonds, pledging
for their payment collections on the Rolls, and
NOW, THEREFORE, BE IT RESOLVED THAT
1 The estimated period of usefulness of said
improvements is not less than twenty (20)years
2 Special Assessment Bonds be issued in the amount
of One Million Seven Hundred Five Thousand Dollars
($1 ,705,000) (the "SA Bonds") in anticipation of the
collection of an equal amount of future due installments
on the Rolls, together with interest and investment income
thereon as set forth below, the amount of each Roll pledged
for payment of the SA Bonds to be as follows
24934
Roll Amount
303 - Alt II $ 37,520 53
303 - Alt IV 139,723 35
305 27,905 20
306 32,036 79
307 17,366 96
312 182,299 20
313 124,613 00
314 - Alt III 120,510 80
314 - Alt IV 33,319 20
315 405,789 19
316 270,768 00
317 23,256 00
318 49,243 78
319 35,688 00
322 204,960 00
In addition to the special assessments primarily
pledged as aforesaid, the full faith, credit and resources
of the City are pledged secondarily for the prompt payment
of the principal of and interest on the SA Bonds as the
same become due If the pledged special assessments are
not collected in amounts sufficient to pay the principal
of and interest on the SA Bonds as the same become due,
the City will promptly advance from its general funds as
a first budget obligation sufficient moneys to pay said
principal and interest or, if necessary, levy taxes upon
all taxable property in the City therefor, subject to
applicable constitutional , statutory and charter tax rate
limitations
3 The SA Bonds shall be designated 1989 SPECIAL
ASSESSMENT LIMITED TAX BONDS, shall consist of bonds
registered as to principal and interest of the denomination
of $5,000 or multiples of $5,000 up to the amount of a single
maturity, numbered consecutively in order of authentication
from 1 upwards, dated as of May 1 , 1989, and shall be payable
annually on March 1 of the years as follows
$130,000 1991 ,
125,000 1992,
150,000 1993 and 1994,
125,000 1995,
150,000 1996
125,000 1997 and 1998,
150,000 1999,
100,000 2000,
75,000 2001 to 2005, inclusive
24935
4 The SA Bonds shall bear interest at rates
determined on sale thereof, not exceeding ten percent (10%)
per annum, payable on March 1 , 1990, and semiannually
thereafter, by check drawn on the transfer agent mailed
to the registered owner at the registered address, as shown
on the registration books of the City maintained by the
transfer agent Interest on the SA Bonds from May 1 , 1989
to March 1 , 1990 shall be capitalized and paid from the
proceeds of the SA Bonds Interest shall be payable to
the registered owner of record as of the fifteenth (15th)
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 SA Bonds shall
be payable at Michigan National Bank, Detroit, Michigan,
which is hereby designated by the City Council as registrar
and transfer agent
The SA Bonds shall be subject to redemption prior
to maturity, as set forth in Section 9 hereof
5 The SA Bonds shall be executed in the name
of the City with the facsimile signatures of the Mayor,
the City Clerk and the City Treasurer and shall have the
City' s seal or a facsimile printed or affixed on them
No bond shall be valid until authenticated by an authorized
officer of the transfer agent The SA Bonds shall be
delivered to the transfer agent for authentication and be
delivered by him to the purchaser in accordance with
instructions from the Finance Director of the City upon
payment of the purchase price for the SA Bonds in accordance
with the bid therefor when accepted Executed blank bonds
for registration and issuance to transferees shall
simultaneously, and from time to time thereafter as necessary,
be delivered to the transfer agent for safekeeping
6 Any bond may be transferred upon the books
required to be kept pursuant to this section by the person
in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of the bond for
cancellation, accompanied by delivery of a duly executed
written instrument of transfer in a form approved by the
transfer agent Whenever any bond or bonds shall be
surrendered for transfer, the City shall execute and the
transfer agent shall authenticate and deliver a new bond
or bonds, for like aggregate principal amount The transfer
agent shall require the payment by the bondholder requesting
the transfer of any tax or other governmental charge required
to be paid with respect to the transfer
7 The SA Bonds shall be in substantially the
following form
24936
UNITED STATES OF AMERICA
im STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1989 SPECIAL ASSESSMENT LIMITED TAX BOND
Rate. Date of Maturity: March 1 ,
Date of Original Issue May 1 , 1989 CUSIP:
Registered Owner
Principal Amount Dollars
The City of Livonia, County of Wayne, State of
Michigan, promises to pay the Principal Amount shown above
to the Registered Owner on the Date of Maturity specified
above , with interest thereon from the Date of Original
im Issue , or such later date to which interest has been paid,
until paid at the Rate specified above , payable on March 1 ,
1990 , and semiannually thereafter. Principal of the bonds
is payable at the corporate trust office of Michigan
National Bank, Detroit, Michigan, or such other transfer
agent as the City may hereafter designate by notice mailed
to the registered owner not less than 60 days prior to any
interest payment date. Interest is payable to the
registered owner of record as of the 15th day of the month
preceding the 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. For the prompt payment of this bond, both
principal and interest, the full faith, credit and resources
of the City are hereby irrevocably pledged.
This bond is one of a series of bonds of even date
aggregating the principal sum of $1,705 ,000 issued in
anticipation of the collection of special assessments in
various Special Assessment Districts in the City for the
purpose of paying part of the cost of street improvements in
said Districts , all in accordance with a duly adopted
resolution of the City.
Bonds maturing in the years 1991 to 1999 , inclusive,
im shall not be subject to prior redemption.
24937
Bonds or portions of bonds in multiples of $5 , 000 of
tio this issue maturing in the years 2000 through 2004 ,
inclusive , shall be subject to redemption, at the option of
the City, in direct order of maturity and within any
maturity by lot, on any interest payment date on or after
March 1, 1999 , at par and accrued interest to the date fixed
for redemption, plus a premium, expressed as a percentage of
par as follows
2% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 1999 , but prior to March 1 , 2000 ;
1-1/2% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2000 , but prior to March 1 , 2001 ;
1% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2001 , but prior to March 1 , 2002 ;
1/2% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2002 , but prior to March 1 , 2003 ;
imp No premium shall be paid on bonds or portions of bonds
called for redemption after March 1 , 2003 .
In case less than the full amount of an outstanding
bond is called for redemption, the Transfer Agent upon
presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond in the principal amount of the portion of the
original bond not called for redemption.
Notice of redemption shall be given to the owners of
bonds to be redeemed by mailing of such notice not less than
thirty ( 30 ) days prior to the date fixed for redemption to
the registered owner at the address of the registered owner
as shown on the registration books of the City. No further
interest shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided the City has money
available for such redemption.
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 his
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
im registered owner or his attorney duly authorized in writing,
24938
and thereupon a new registered bond or bonds in the same
Lim 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 series, and
upon the payment of the charges , if any, therein prescribed.
This bond is payable out of special assessments to be
collected on the lands situated in the aforesaid special
assessment districts The liability of each special
assessment district is limited as set forth in the bond
authorizing resolution In case of insufficiency of said
special assessment collections , this bond is payable as a
first budget obligation out of the general funds of the
City, including the collection of any ad valorem taxes which
the City is authorized to levy, subject to applicable
constitutional , charter and statutory tax rate limitations.
It is hereby certified and recited that all acts ,
conditions and things required by law precedent to and in
the issuance of this bond and the series of bonds of which
this is one have been done, exist and have happened in
regular and due time and form 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, charter or statutory debt limitation.
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.
IN WITNESS wHEREOF, the CITY OF LIVONIA, County of
Wayne, State of Michigan, by its City Council has caused
this bond to be executed with the facsimile signatures of
its Mayor , its City Clerk and its Treasurer and its
corporate seal to be printed hereon, all as of the Date of
Original Issue.
CITY OF LIVONIA
By
Mayor
( SEAL)
Countersigned
City Clerk
Treasurer
24939
[FORM OF TRANSFER AGENT' S CERTIFICATE OF AUTHENTICATION]
Certificate of Authentication
This bond is one of the bonds described in the within-
mentioned resolution.
MICHIGAN NATIONAL BANK, Detroit, Michigan
Transfer Agent
By
Authorized Representative
8 The City Clerk shall fix the date of sale of
said SA Bonds and shall cause notice of sale of the bonds
to be published in an authorized newspaper at least seven
(7) full days before the date fixed for sale of the said
bonds
9 The notice of sale shall be in substantially
the following form
OFFICIAL NOTICE OF SALE
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
$1 , 705 , 000 1989 SPECIAL ASSESSMENT
LIMITED TAX BONDS
SEALED BIDS for the purchase of the above bonds will be
received by the undersigned at the Clerk' s office in the
City Hall located at 33001 Civic Center Drive , Livonia,
Michigan 48154 , on Wednesday, the 26th day of April, 1989 ,
until 11. 00 o ' clock a.m. , Eastern Daylight Time , at which
time and place said bids will be publicly opened and read.
Bids will also be received simultaneously and publicly
opened and read at the Municipal Advisory Council of
Michigan, 1158 First National Building, Detroit, Michigan
im48226 . The City Council will meet at 8 : 00 p.m. , Eastern
Daylight Time on that date to consider award of the bids.
BOND DETAILS: Bonds will be registered bonds of the
denomination of $5 , 000 or multiples thereof up to the amount
24940
of a single maturity, each dated as of May 1 , 1989 , numbered
in order of authentication from 1 upwards and will bear
interest from their date payable on March 1 , 1990, and
semiannually thereafter.
The bonds will mature on the 1st day of March as
follows:
$130 , 000 1991;
125 , 000 1992;
150 , 000 1993 and 1994;
125 , 000 1995 ;
150 ,000 1996 ;
125 ,000 1997 and 1998 ;
150 , 000 1999;
100 , 000 2000 ;
75 , 000 2001 to 2005 , inclusive.
PRIOR REDEMPTION: Bonds of this issue maturing in the years
1991 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 2004 , inclusive,
shall be subject to redemption, at the option of the City,
in direct order of maturity and within any maturity by lot,
on any interest payment date on or after March 1, 1999 , at
par and accrued interest to the date fixed for redemption,
plus a premium expressed as a percentage of par as follows:
int
2% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 1999 , but prior to March 1 , 2000 ;
1-1/2% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2000 , but prior to March 1, 2001;
1% of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2001 , but prior to March 1, 2002.
1/2 of the par value of each bond or portion
thereof called for redemption on or after
March 1 , 2002 but prior to March 1 , 2003 ;
No premium shall be paid on bonds or portions of
bonds called on or after March 1, 2003 .
In case less than the full amount of an outstanding
bond is called for redemption, the transfer agent upon
presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner a
new bond of the same maturity and in the principal amount of
the portion of the original bond not called for redemption.
24941
Notice of redemption shall be given by the transfer
im agent to the holders of any bond or portion thereof to be
redeemed by mailing of such notice not less than thirty ( 30 )
days prior to the date fixed for redemption to the
registered owner at the address of the registered owner as
shown on the registration books of the City. No further
interest shall accrue on bonds called for redemption after
the date fixed for redemption, whether such bonds are
presented for redemption or not, provided that the City has
money available for such redemption.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear
interest at a rate or rates not exceeding 10% 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 three percent ( 3%) per annum. No proposal for the
purchase of less than all of the bonds or at a price less
than 100% of their par value will be considered.
TRANSFER AGENT AND REGISTRATION: Principal shall be
payable at the corporate trust office of Michigan National
Bank, Detroit, Michigan, or such other transfer agent as the
City may hereafter designate by notice mailed to the
registered owner not less than 60 days prior to any change
in transfer agent Interest shall be paid by check mailed
to the owner as shown by the registration books of the City
as of the 15th day of the month preceding any 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 in anticipation
of the collection of future due installments of special
assessments for street improvements in certain special
assessment districts in the City. The special assessments
and interest and investment income thereon shall be
sufficient to pay the principal of and interest on the bonds
when due. The liability of each special assessment district
is limited as set forth in the bond authorizing resolution.
The bonds will pledge the limited tax full faith and credit
of the City as additional security for payment of principal
and interest. Pursuant to such pledge, should special
assessment collections be insufficient, the City shall be
obligated to pay the principal of and interest on said bonds
as a first budget obligation from its general funds,
including the collection of any ad valorem taxes which the
City is authorized to levy, but any such levy shall be
subject to applicable constitutional, charter and statutory
im tax rate limitations.
24942
The rights or remedies of bondholders may be affected
by bankruptcy laws or other creditor' s rights legislation
now existing or hereafter enacted.
GOOD FAITH: A certified or cashier' s check in the amount of
$34, 100 drawn upon an incorporated bank or trust company and
payable to the order of the Treasurer of the City, must
accompany each bid as guarantee of good faith on the part of
the bidder, to be forfeited as liquidated damages if such
bid be accepted and the bidder fails to take up and pay for
the bonds. No interest shall be allowed on the good faith
checks and checks of the unsuccessful bidders will be
promptly returned to each bidder' s representative or by
registered mail.
AWARD OF BONDS: The bonds will be awarded to the bidder
whose bid produces the lowest interest cost computed by
determining, at the rate or rates specified in the bid, the
total dollar value of all interest on the bonds from May 1,
1989 , to their maturity and deducting therefrom any premium.
LEGAL OPINION: Bids shall be conditioned upon the
unqualified approving opinion of Miller, Canfield, Paddock
and Stone, attorneys of Detroit, Michigan, copies of which
opinions will be printed on the reverse side of the bonds,
and the originals of which will be furnished without expense
to the purchaser of the bonas at the delivery thereof . The
fees of Miller, Canfield, Paddock and Stone for services
rendered in connection with such approving opinion are
expected to be paid from bond proceeds. Except to the
extent necessary to issue their unqualified approving
opinion as to validity of the above bonds , Miller, Canfield,
Paddock and Stone has not been requested to examine or
review and has not examined or reviewed any financial
documents , statements or materials that have 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.
TAX EXEMPTION: In the opinion of bond counsel, assuming
compliance with certain covenants , interest on the bonds is
excluded from gross income for federal income tax purposes,
as described in bond counsel' s opinion and the bonds and
interest thereon are exempt from all taxation in the State
of Michigan, except inheritance taxes and taxes on gains
realized from the sale, payment or other disposition
thereof. The bonds will be designated as "qualified tax
exempt obligations" for purposes of deduction of interest by
financial institutions.
24943
im DELIVERY OF BONDS: The City will furnish bonds ready for
execution at its expense. Bonds will be delivered without
expense to the purchaser at Detroit, Michigan, Chicago,
Illinois or at such place as may be mutually agreed upon.
The usual closing documents, including a certificate that no
litigation is pending affecting the issuance of the bonds,
will be delivered at the time of the delivery of the bonds.
If the bonds are not tendered for delivery by twelve o'clock
noon, Eastern Daylight Time, on the 45th day following the
date of sale, or the first business day thereafter if said
45th day is not a business day, the successful bidder may on
that day, or any time thereafter until delivery of the
bonds , withdraw his proposal by serving notice of
cancellation, in writing, on the undersigned in which event
the City shall promptly return the good faith deposit.
Payment for the bonds shall be made in immediately available
funds. Accrued interest to the date of delivery of the
bonds shall be paid by the purchaser at the time of
delivery. Unless the purchaser furnishes the transfer agent
with a list giving the denominations and names in which it
wishes to have each issue of the bonds issued at least 10
business days after sale of the bonds, each issue of the
bonds may be delivered in the form of a single certificate
for each maturity registered in the name of the purchaser.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked
"Proposal for Special Assessment Bonds" .
Robert F. Nash
City Clerk
City of Livonia, Michigan
10 There shall be established and maintained
a fund to be designated 1989 SPECIAL ASSESSMENT LIMITED
TAX BOND DEBT RETIREMENT FUND Into said fund there shall
be placed the accrued interest and premium, if any, received
at the time of delivery thereof plus a sum, which when taken
together with said accrued interest and premium, will be
sufficient to pay interest on the SA Bonds until March 1 ,
1990 In addition, there shall be paid into said fund the
collections of principal and interest on the Rolls in
anticipation of the collection of which the SA Bonds
authorized by the provisions of this resolution are to be
issued If at any time said fund is insufficient to pay
the principal of and interest on said SA Bonds as the same
become due, the City shall advance from its general funds
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as a first budget obligation a sufficient amount of money
to pay such principal and interest and, if ncessary, levy
taxes on all taxable property in the City for such purpose,
subject to applicable constitutional , charter and statutory
tax rate limitations
11 There shall be established and maintained
a separate fund, to be designated 1989 BOND CONSTRUCTION
FUND, into which shall be placed the proceeds of sale of
the SA Bonds, except accrued and capitalized interest, and
premium, if any, and from which fund there shall be paid
the cost of the improvements
12 The City hereby covenants to comply with the
requirements of the Internal Revenue Code of 1986, as amended
13 The City shall not invest, reinvest or
accumulate any moneys deemed to be proceeds of the SA Bonds
pursuant to No 148 of the Internal Revenue Code of 1986,
as amended and the applicable regulations thereunder, in
such manner as to cause the bonds to be "arbitrage bonds"
within the meaning of said section and the applicable
regulations thereunder
14 The City hereby designates the SA Bonds as
"qualified tax exempt obligations" for purposes of deduction
of interest by financial institutions
15 All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution
be and the same hereby are rescinded
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#350-89 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution
574-82 so as to permit consideration of several items that
do not appear on the agenda
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#351-89 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment
District No 323 for a proposed street improvement consisting
of the placement of approximately 4" of asphalt on the
existing roadway (Alternate IV) on Greenland, West of
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Middlebelt and Henry Ruff, Greenland to Puritan, located
in the North 1/2 of Section 14 in the City of Livonia, Wayne
County, Michigan, as required by the provisions of the City
Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, a public hearing thereafter having
been held thereon on April 10, 1989 at the City Hall , 33000
Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied
on the special assessment roll as prepared by the City
Assessor to cover the district portion of the cost of a
street improvement to be constructed in Special Assessment
District No 323, and
WHEREAS, the City Council has heard and carefully
considered all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1 ) The City Council does hereby determine that the
assessments set forth in said Special Assessment
Roll dated February 28, 1989, in the amount of
$85,378 82, are fair and equitable and based upon
benefits to be derived by construction of
improvements proposed in said district in accordance
with the plans of the City Engineer and resolutions
of the City Council ,
(2) Said Special Assessment Roll No 323 is hereby
approved and confirmed in all respects,
(3) The amount of said roll shall be divided into
ten (10) equal annual installments with interest
at the rate of eight (8%) percent per annum on
the unpaid balance of the assessments from December
1 , 1990 Said interest shall be payable on each
installment due date, provided, however, that
after the issuance of bonds in anticipation of
the collection of the unpaid assessments on the
said special assessment roll , said rate of interest
shall be not more than 1% above the average rate
of interest borne by said bonds In such cases
where the installments will be less than Ten Dollars
($10 00) , the number of installments shall be
reduced so that each installment shall be above
and as near Ten Dollars ($10 00) as possible
The first installment shall be due and payable
December 1 , 1991 and subsequent installments on
December 1st of succeeding years,
(4) Pursuant to the provisions of Section 3 08 130
110 of the Livonia Code of Ordinances, as amended,
the City Clerk shall endorse the date of
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confirmation on the assessment roll , and
the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then
publish notice as is required by Section 3 08 190
of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective
property owners assessed in the manner and substance
as provided by said Section 3 08 190 Any property
owner assessed may pay the whole or any part of
the assessment without interest or penalty up
to December 1 , 1990,
(5) The first installment shall be spread upon the
1991 City tax roll in the manner required by Section
3 08 210 of the Livonia Code of Ordinances, as
amended, together with interest upon all unpaid
installments from December 1 , 1990 and thereafter
one (1 ) installment shall be spread upon each
annual tax roll together with one (1 ) year' s
interest upon all unpaid installments , provided,
however, that when any annual installments shall
have been prepaid in the manner provided in Title
3, Chapter 8 of the Livonia Code of Ordinances,
as amended, either within the sixty (60) day period
as provided by Section 3 08 200, or after the
lieexpiration of the sixty (60) day period as provided
by Section 3 08 220 then there shall be spread
upon the tax roll for such year only the interest
for all unpaid installments, and
(6) The City Council does hereby determine to pay
15% of the paving costs ($12,506 82) and 100%
of drainage costs ($2,000 00) for a total amount
of ($14,506 82)
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
and unanimously adopted, it was
#352-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
April 10, 1989, submitted pursuant to Council Resolution
209-89 in connection with the report and recommendation
of the City Engineer, dated February 8, 1989, which bears
the signature of the Finance Director and is approved for
submission by the Mayor, with regard to the selection of
an architectural firm for the proposed construction of the
Fox Creek Golf Course Clubhouse, the Council does hereby
designate the architectural firm of Kamp DiComo Associates,
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lib P C , 15875 Middlebelt Road, Livonia, Michigan 48154, to
perform architectural services for the proposed construction
of the Fox Creek Golf Course Clubhouse, and the Department
of Law is hereby requested to prepare a contract in accordance
with the action taken herein for submission to Council for
approval
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, this 1 ,150th Regular Meeting of the Council of the
City of Livonia was adjourned at 9 14 P M , April 12, 1989
--eazetp21-4-4
Robert F Nash, City Clerk