HomeMy WebLinkAboutCOUNCIL MINUTES 1979-09-26 18101
L
MINUTES OF THE NINE HUNDRED AND FIFTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 26, 1979, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at approximately 8:40 P. M. . Councilman Bishop delivered the invocation
Roll was called with the following result: Present: Robert E. McCann, Robert F
Nash, Gerald Taylor, Jerry Raymond, Robert D. Bennett, Robert R. Bishop and Peter A
Ventura. Absent--None.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; Robert E.
Osborn, Director of Pub tic Works; John Nagy, City Planner; Gary Clark, Assistant
City Engineer; Theodor P. Krauss, Civil Service Department; Robert Turner, Police
LChief and James Andries, CETA Program Administrator
By Councilman Bennett, seconded by Councilman Bishop, and unanimously
adopted, it was
#945-79 RESOLVED, that the minutes of the 914th Regular Meeting of the
Council of the City of Livonia, held September 12, 1979, are hereby
approved.
By Councilman Nash, seconded by Councilman Taylor, and unanimously
adopted, it was
#946-79 RESOLVED, that the minutes of the 178th Special Meeting of the
Council of the City of Livonia, held on September 24, 1979, and recessed
to September 26, 1979, are hereby approved
By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted,
it was
#947-79 RESOLVED, that the Council hereby acknowledges receipt of the
proposed annual Budget of the City of Livonia for the fiscal year
commencing December 1, 1979, as prepared and submitted by the Mayor with
the City Clerk on September 14, 1979 and does hereby determine to set a
L Public Hearing thereon on Wednesday, October 24, 1979, at 7:00 P. M. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, in accordance with
the provisions of Chapter VII of the City Charter, and the City Clerk shall
give notice of such Public Hearing in accordance and pursuant to provisions
of the City Charter.
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By Councilman Bishop, seconded by Councilman Bennett, it was
#918-79 RESOLVED, that having considered a communication from Mr. Carl J.
Marlinga of the law firm of Nine & Meister, dated September 21, 1979,
which submits a settlement offer in the case of Idyl Wyld Catering, Inc
v City of Livonia, Wayne County Circuit Court Civil Action No 79-929258-CZ
and having also considered the verbal report and recommendation of the City
Attorney in connection therewith, and having received on September 26, 1979
a proposed Settlement Agreement and Stipulation to Dismiss without prejudice
which essentially provides as follows:
1. The City of Livonia shall have the right to immediately conduct an
audit of Idyl Wyld's books and records. The City further retains all
rights under its sublease agreement with Idyl Wyld to have such books
and records made available to it as agreed to in the sublease.
2. It appears, subject to final review and confirmation, that the total
cost of utilities which were paid by the City and which have not been
reimbursed by Idyl Wyld total Thirty Four Thousand, One Hundred
Twenty-One and 73100 ($34,121 73) Dollars; and that the sum of One
Hundred Fifty-Seven and 18/100 ($157.18) Dollars for an electric fan
installation has also not been reimbursed to the City by Idyl Wyld.
Idyl Wyld shall pay the said total sum of Thirty Four Thousand, Two
Hundred Seventy-Eight and 91/100 ($34,278.91) Dollars immediately after
deducting a credit to it for the cost of the improvements and additions
to the Grill Room. These Grill Room expenses are subject to audit,
which audit shall be conducted immediately. At the conclusion of the
audit, the balance due after deducting this credit shall be immediately
paid.
3. Prior to June 1, 1980 the City will pave an additional forty-nine (49)
parking spaces. Notwithstanding this deadline date, however, the City
will use its best efforts to have the parking lot paved by the end of
Fall of this year The City shall also re-stripe the parking lot in
such a manner so as to attempt to create additional parking spaces.
4. The City shall waive interest on back utility payments, rental payments
and other monies owing.
5. Computations will be made to fix the amount of percentage rental
through the end of September, 1979. To that figure will be added the
sum of Two Thousand, Five Hundred and no/100 ($2,500.00) Dollars for
the minimum rental payment due for the month of October, 1979. Of that
total, Idyl Wyld shall pay thirty percent (30%) of such total immediatel
as a down payment with the balance to be paid in nine (9) monthly
installments beginning November 1, 1979. No interest shall accrue on
the installments For the purposes of this paragraph, it is agreed
that there are the following delinquencies for the period from May 1,
1978 through April 30, 1979:
PERIOD AMOUNT
5-ice through 7-31-78 $3,618.78
8-1-78 through 10-31-78 8,548.95
11-1-78 through 1-31-79 9,261.71
2-1-79 through 4-30-79 22212LE
$30,268.71
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It also appears based upon the representations of Idyl Wyld as con-
tained in its monthly financial statements, which shall be subject to
immediate audit and appropriate adjustment if necessary, that the
rental for the month of May, 1979 was Seven Thousand, Five Hundred
Twenty-Five and 52/100 ($7,525.52) Dollars; that the rental for the
month of June, 1979 was Six Thousand, Eight Hundred Seventy-Two and
63/100 ($6,872.63) Dollars, and that the rental for the month of July,
1979 was Three Thousand, Seven Hundred Thirty-Nine and no/100
($3,739.00) Dollars. The tentative total for the period ending July
31, 1979 therefore is Eighteen Thousand, One Hundred Thirty-Seven and
15/100 ($18,137.15) Dollars, less credit for Seven Thousand, Five
Hundred and no/100 ($7,500.00) Dollars for the minimum rental payments
which were paid for those months. This leaves a net balance due for
the quarter of Ten Thousand, Six Hundred Thirty-Seven and 15/100
($10,637.15) Dollars. It also appears from the records of Idyl Wyld,
subject to audit and adjustment if necessary, that rental for August,
1979 was Five Thousand, Three Hundred Seventy-Two and no/100
($5,372.00) Dollars. Applying a credit of Two Thousand, Five Hundred
and no/100 ($2,500.00) Dollars for the August minimum rental payment
which was paid, leaves a balance due for the month of August, 1979 of
Two Thousand, Eight Hundred Seventy-Two and no/100 ($2,872.00) Dollars.
With regard to September, 1979, the computations of the rental payment
due will be made as soon as the sales records become available and
such amounts shall be paid by Idyl Wyld to the City with credit,
however, for the Two Thousand, Five Hundred and no/100 ($2,500.00)
Dollar minimum rental payment which has been paid for September, 1979.
The totals, therefore, regarding rental payments are summarized as
follows:
PERIOD AMOUNT
5-1-78 through 4-30-79 P-5768.71
5-1-79 through 7-31-79 10,637.15
August, 1979 2,872.00
$43,777.86
(September rental to be added together with October minimum)
6. Idyl Wyld shall install and pay for additional air conditioning in the
Spring of 1980. Of the cost of such installation, Idyl Wyld shall
then receive a credit for one-half (1/2) of such amount to be applied
against any installment payments still owing pursuant to the terms of
the preceding paragraph. To the extent that this air conditioning
credit exceeds the total installment payments then owing, the balance
of the credit, if any, shall be applied against succeeding rental
payments Idyl Wyld agrees to obtain City approval in drawing the
plans for such installation and in choosing the contractor to do the
work. It is also agreed that Idyl Wyld will seek at least two (2)
competitive bids.
7. This Settlement Agreement constitutes a full and final settlement of
all monies owed by Idyl Wyld Catering, Inc. to the City of Livonia
and upon compliance with the terms of this Settlement Agreement it is
conclusively agreed that Idyl Wyld Catering, Inc. shall have settled
all amounts due for periods through the end of September, 1979,
together with the minimum rental payment for October, 1979, together
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with all other reimbursements and charges owed to the City of Livonia;
and, provided further, that this Settlement Agreement shall constitute
a full and final settlement of all monies owed or claimed to be owed to
Idyl Wyld Catering, Inc. by the City of Livonia, including all damages,
reimbursements or charges owed or claimed to be owed to Idyl Wyld
Catering, Inc. as of the date hereof.
8. Upon the filing of this Settlement Agreement with the Court, it is
agreed that the above entitled action together with all claims and
counter claims shall be dismissed without prejudice and without costs
to either party. It is also agreed that a certain District Court case,
being No. T- 790949 in the 16th District Court, being the case of the
City of Livonia v Idyl Wyld Catering, Inc. shall be likewise dismissed
without prejudice and without costs to either party.
The Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the aforesaid settlement agreement
as well as to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: Ventura.
The President declared the resolution adopted
L.
By Councilman Nash, seconded by Councilman Taylor, it was
#949-79 RESOLVED, that having considered the report and recommendation
of the Superintendent of Public Service, dated August 21, 1979, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council does
hereby determine to accept the bid of International Salt Company, Clarks
Summit, Pennsylvania 18411, for supplying the City (Public Service
Division - Road Maintenance Section) with rock salt at the unit price of
$16 90 per ton for the period September 1, 1979 through June 30, 1980, the
same having been in fact the lowest bid received for this item and meets
all specifications, further, the Council does hereby determine that in the
event the aforesaid International Salt Company is unable to furnish the
said material to accept as an alternate source of supply the bid of Morton
Salt Division of Morton Norwich Products, Inc., 110 North Wacker Drive,
Chicago, Illinois 60606, for supplying the City (Public Service Division -
Road Maintenance Section) with rock salt at the unit price of $17.47 per
ton for the period September 1, 1979 through September 1, 1980, the same
having been in fact the second low bid received for this item and meets
all specifications.
A roll call vote was taken on the foregoing resolution with the following result.
LAYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
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By Councilman Bishop, seconded by Councilman Nash, it was
#950-79 RESOLVED, that having considered a communication from the
Director of Finance, dated September 4, 1979, approved for submission by
the Mayor, the Council does hereby determine to authorize the purchase of
gasoline from Texaco, Inc. , effective August 30, 1979, at the following
unit prices:
Regular - Less than 4,000 Gals. - 742/Gal.
Regular - More than 4,000 Gals. - 690/Gal.
Lead Free - Less than 4,000 Gals. - 7895/Gal
Lead Free - More than 4,000 Gals. - .7324/Gal.
said prices being made in accordance with Federal Government Regulations;
further, the Council does hereby determine to authorize the said purchase
without competitive bidding for the reasons indicated in the aforesaid
communication; and such action is taken in accordance with the provisions
set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances; and
all prior resolutions in conflict herewith are hereby repealed, amended,
or revised to the extent necessary to be consistent with the action taken
herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#951-79 RESOLVED, that the Council does hereby request that the Mayor
submit his report and recommendation as to what measures are being taken,
if any, with respect to the conservation by the City of Livonia of
gasoline and fuel consumption, it being the determination of the Council
that the establishment of a program to reduce gasoline and fuel consumption
would be in the best interests of the City; further, the Council does
hereby request that the Director of Finance submit a report setting forth
on a per year basis the number of gallons of gasoline which have been
consumed by City vehicles for the past five years, and this year to date.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#952-79 RESOLVED, that the Council does hereby request that the Finance
Director submit a report of all moneys realized by the City of Livonia, to
date, with respect to the lease of the clubhouse at Idyl Wyld Golf Course
to Idyl Wyld Catering, Inc.
By Councilman Nash, seconded by Councilman Bishop, it was
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#953-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 22, 1979, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, the Council does hereby accept the
unit price bid of Di Nello Construction Company, 11302 Lesure Drive,
Sterling Heights, Michigan, for 1979 miscellaneous storm sewer extensions
(Contract No 79-K) for the estimated total cost of $17,344.00, based upon
the Engineering Division's estimate of units of work involved, and subject
to a final payment based upon the actual units of work 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;
FURTHER, the Council does hereby appropriate a sum not to exceed $17,344.00
from the Livonia Miscellaneous Drain Construction Fund for this purpose;
and the Director of Public Works is hereby authorized to approve minor
adjustments in the work as required, 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 inciden-
tal to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bishop, it was
#954-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 22, 1979, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, the Council does hereby accept the
unit price bid of Detroit Metro Cement Contractors, Inc. , 2175 Le Blanc,
Lincoln Park, Michigan 48146, for the 1979 Sidewalk Program (Contract No.
79-L) for the estimated total cost of $9208.00, based upon the Engineering
Division's estimate of units of work involved, and subject to a final
payment based upon the actual units of work 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; further, the Council
does hereby authorize an advance in an amount not to exceed $9208.00 from
the Unexpended Fund Balance Account with the provision that said account
be reimbursed at such time as funds a - received from single lot assessment
payments levied for this purpose; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as completed; 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, it was
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#955-79 RESOLVED, that having considered a communication from the City
Clerk, dated September 12, 1979, the Council does hereby appropriate the
sum of $2000.00 from the Unexpended Fund Balance Account to be transferred
to Account No. 101-111-906.000.000 (Reproduction), the action herein being
taken for the reasons indicated in the aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bishop, it was
#956-79 RESOLVED, that having considered a communication from the
Superintendent of Public Service, dated August 17, 1979, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and is approved for submission by the Mayor, the Council does hereby
authorize the following transfer of funds:
FROM:
Section Account Number Description Amount
Building Maintenance 101-447-702.000.000 Salaries & Wages $ 17,000
Building Maintenance 101-447-768.000.000 Uniforms 1,000
Road Maintenance 101-463-702.000.000 Salaries a Wages 11,000
TO:
Building Maintenance Accounts:
Account Number Description Amount
101-447-709.000.000 Overtime $ 13,000
101-447-766.000.000 Tools and Supplies 1,000
101-447-776.000.000 Maintenance Supplies 13,000
101-447-777.000.000 Custodial Supplies 2,000
the action herein being taken for the reasons indicated in the aforesaid
communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Taylor, it was
#957-79 RESOLVED, that having considered a communication from the
Superintendent of Public Service, dated August 17, 1979, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and is approved for submission by the Mayor, the Council does hereby
authorize the following transfer of funds:
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FROM:
lip Section Account Number Description Amount
Equipment Maintenance 101-446-702.000.000 Salaries & Wages $30,000
Road Maintenance 101-463-702.000.000 Salaries & Wages 80,000
TO:
Equipment Maintenance Accounts:
Account Number Description Amount
101-446-778.000.000 Maintenance Supplies $50,000
101-446-751 000.000 Gas ? Oil 35,000
101-446-933.050 000 Outside Repairs 10,000
101-446-709.000.000 Overtime 15,000
the action herein being taken for the reasons indicated in the aforesaid
communication.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bishop, it was
#958-79 RESOLVED, that having considered a communication from the Livonia
Employees Retirement System, dated August 28, 1979, approved by the Finance
Director and approved for submission by the Mayor, which transmits a resolu-
tion adopted by the Board of Trustees on August 15, 1979, wherein a request
for additional funds is submitted to meet actuarial and medical examination
costs for the balance of the fiscal year, the Council does hereby determine
to appropriate from the Unexpended Fund Balance Account the sum of $1500.00
to be expended for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bennett, it was
#959-79 RESOLVED, that having considered a communication from the Livonia
Arts Commission, dated September 5, 1979, which bears the signature of the
Finance Director, is approved for submission by the Mayor, the Council does
hereby authorize the transfer of the sum of $300.00 from Account No.
101-739-864.015.000 (Travel and Education) to Account No. 101-739-730.000.
000 (Postage), the action herein being taken for the reasons indicated in
the aforesaid communication.
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L A roll call vote was taken on the foregoing resolution with the following result
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Raymond, it was
#960-79 RESOLVED, that having considered a communication dated August 21,
1979 from the City Planning Commission which transmits its resolution
9-144-79 adopted on August 7, 1979 with regard to Petition 79-7-2-17,
submitted by Fred J. Armour requesting waiver use approval to construct a
general office building on the east side of Farmington Road between Five
Mile Road and Rayburn in the Southwest 1/4 of Section 15, on property
zoned P.S. , the Council does hereby determine to concur in the recommenda-
tion made by the City Planning Commission and Petition 79-7-2-17 is hereby
approved and granted, such approval to be based upon the same conditions
as are set forth in the aforesaid recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
L By Councilman Raymond, seconded by Councilman Bishop, it was
#961-79 RESOLVED, that having considered a communication from the City
Planning Commission, dated September 12, 1979, which transmits its resolu-
tion 9-180-79 adopted on September 11, 1979 with regard to Petition
79-8-8-29, submitted by A. J Foland, requesting site plan approval in
connection with a proposal to remodel an existing building located within
the Wonderland Shopping Center at the southwest corner of Middlebelt Road
and Plymouth Road in Section 35, and locate therein a retail store, pursuant
to the provisions set forth in Section 18.47 of Ordinance No. 543, as
amended, the Council does hereby determine to concur in the recommendation
of the Planning Commission and Petition 79-8-8-29 is hereby approved and
granted, such approval to be based upon the same conditions as those set
forth in the aforesaid recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bishop, it was
#962-79 RESOLVED, that having considered the report and recommendation of
L the City Engineer, dated August 30, 1979, approved by the Director of Public
Works and approved for submission by the Mayor, the Council does hereby
determine to amend Item No. 8 of Council Resolution 449-79 adopted on
May 9, 1979, so as to reduce the financial assurances now on deposit with
the City for general improvements in Windridge Village Subdivision No. 3
located in the N.E 1/4 of Section 4, to $825,000.00 of which at least
$10,000.00 shall be in cash, to cover the cost of remaining general
18110
improvements in said Subdivision, and the financial assurances now on
deposit with the City, if any, shall be reduced accordingly; further, all
other financial assurances now on deposit with the City with respect to
remaining improvements in said Subdivision shall remain the same and
unchanged, and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution.
A roll call vote Nes taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Counci1mQn Raymond, seconded by Councilman Taylor, it was
#963-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 30, 1979, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby authorize the release to Livonia Builders, Inc. , 36714 Bennett,
Livonia, Michigan 48152, the proprietor of Hillbrook Subdivision, located
in the N W 1/4 of Section 11, the Financial Assurances previously deposited
with respect to general improvements, sidewalks and Soil erosion pursuant
to Council Resolution 655-76 adopted on August 11, 1976 and subsequently
amended in Council Resolution 1076-76 adopted on December 15, 1976, which
previously reduced such financial assurances to $4500.00 of which $1000.00
was to be in cash, $5000.00 of which $1000 00 was to be in cash, and
$2000.00 of which $1000 00 was to be in cash, respectively, to guaranty
the satisfactory installation of such improvements in Hillbrook Subdivision;
and, further, the financial assurances now on deposit with the City for all
other improvements shall remain the same and unchanged, the action herein
being taken for the reasons indicated in the aforementioned report of the
City Engineer that all these improvements have been satisfactorily installee
in accordance with the rules and regulations and ordinances of the City of
Livonia; and the City Clerk and City Treasurer are hereby authorized to do
all things necessary or incidental to the full performance of this resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Raymond, it was
#964-79 RESOLVED, that having considered a communication from the City
Engineer, dated August 17, 1979, approved by the Director of Public Works
and approved for submission by the Mayor, concerning improvement of side-
walk at the following locations:
la. Work to be Constructed or
Parcel & Location Footage Required
Lot 439, Seven Mile Super 30 L. F.
Highway Subdivision
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Lot 438, Seven Mile Super 50 L F
Highway Subdivision
Lot 437, Seven Mile Super 66.7 L. F
Highway Subdivision
Lot 436, Seven Mile Super 10 L. F.
Highway Subdivision
and for the reasons stated, the Council does hereby require the respective
owners of lots and premises referred to above to construct and install
sidewalks at such premises and the City Clerk is hereby requested to do all
things necessary to carry out the provisions of this resolution which is
made pursuant to the Livonia Code of Ordinances, as amended, Title 5, Chapte'
1, Section 5-137; AND, FURTHER, said notice shall set forth that the
respective owners of lots and premises herein referred to shall complete
said sidewalks on or before November 12, 1979, after which date the
Engineering Division shall arrange for the construction of the said
sidewalks.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#965-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 21, 1979, approved by the Director of Public
Works and approved for submission by the Mayor, regarding the installation
of entrance markers within public rights-of-way on Banbury Road and
Lancashire Road within Sheffield Estates Subdivision, the Council does
hereby authorize the Mayor and City Clerk to execute an Agreement for and
on behalf of the City of Livonia with the Sheffield Estates Civic
Association, which Agreement shall be prepared by the Department of Law,
pursuant to which the City authorizes the Sheffield Estates Civic
Association to use necessary portions of the aforesaid right-of-way in
order to preserve and maintain the said entrance markers, as well as any
subsequent entrance markers that may be installed in the said subdivision
with the approval of the City Planning Commission and the Bureau of
Inspection.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Bennett, seconded by Councilman Taylor, it was
#966-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated August 21, 1979, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, and which is submitted pursuant to
Council Resolution 196-79, with regard to the proposed installation of a
18112
sidewalk in the unimproved portion of Bretton Road right-of-way between
Parkville Avenue in Supervisor's Livonia Plat No. 7 and Maplewood Avenue
in Hearthstone Subdivision, the Council does hereby determine to authorize
the installation of a temporary aggregate base asphalt surface walkway in
the manner and form recommended; FURTHER, the Council does hereby request
and authorize the Public Service Division to install the said walkway and
for this purpose does hereby appropriate the sum of $1400.00 from the
Unexpended Fund Balance Account in order to cover the cost of materials
required for this project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#967-79 RESOLVED, that having considered a petition received by the Office
of the City Clerk on September 7, 1979, from certain residents near the
intersection of Northfield and Crown in the City of Livonia, and before
determining to install street lights in the general area of Crown, Hees,
Dover and Dowling in the City of Livonia, the cost of which is to be
defrayed by special assessment, the City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies, the number
of parcels owned by public authorities, the number of parcels which are now
vacant, and to prepare and cause to be prepared, plans and specifications
therefor and an estimate of the cost thereof, and to file the same with
the City Clerk together with his recommendation as to what proportion of
the cost should be paid by special assessment and what part, if any, should
be a general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed special assessment district, pursuant to the provisions of
Section 2-514 of the Livonia Code of Ordinances, as amended.
By Councilman Nash, seconded by Councilman Taylor, and unanimously
adopted, it was
#968-79 RESOLVED, that having considered a communication from Mr. John
Breejen, P. 0. Box 435, Brighton, Michigan 48116, dated September 10, 1979,
wherein Mr Breejen offers for sale to the City of Livonia Lot No. 92 in
the Gardens Farm Subdivision, which property appears to be situated in a
flood plain area of the Upper Rouge River, the Council does hereby determine
to refer this item to the City Engineer, the City Planner and the City
Attorney for their respective reports and recommendations.
By Councilman Bishop, seconded by Councilman Bennett, it was
#969-79 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated June 14, 1979, and the report and recommendation
of the Chief of Police, dated September 6, 1979 in connection with a request
18113
from Edward Sharkey Hesano for a new SDM License to be located at the
northeast corner of West Six Mile Road and Haggerty Road, Livonia,
Michigan 48152, the Council does hereby determine to refer this item to
the Committee of the Whole for further consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Venture, Taylor, Bennett and McCann.
NAYS: Nash and Raymond.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bishop, it was
#970-79 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated June 26, 1979, and the report and
recommendation of the Chief of Police, dated September 10, 1979 in
connection therewith, the Council does hereby determine that it has no
objection to and does recommend approval of the request from Quik Pik
Food Stores, Inc. for a new SDM License to be located at 18788-18790
Middlebelt Road, Livonia, Michigan 48152, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Ventura, Nash, Raymond and McCann.
NAYS: Taylor and Bennett.
The President declared the resolution adopted.
By Councilman Taylor, seconded by Councilman Bennett, it was
#971-79 RESOLVED, that having considered a communication from the
Department of Law, dated August 29, 1979, to which is attached a communica-
tion from Livonia Tool and Mold, dated August 17, 1979, wherein it is
indicated that it has transferred its facilities from 20003 St. Francis,
Livonia, Michigan, to Litchfield Industrial Park, Litchfield, Michigan,
and it further indicates that Livonia Tool and Mold desires to obtain an
Industrial Development Act 1974 PA 198 Exemption for the Litchfield
Industrial Park Facility, the Council does hereby determine to take this
means to indicate that the City of Livonia does hereby consent to the
granting of the said certificate in the manner and form requested; and
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
18114
By Councilman Taylor, seconded by Councilman Bennett, it was
#972-79 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated August 29, 1979, approved by the Finance Director and
approved for submission by the Mayor, with respect to an offer from Mr.
Irving Harris, President, Livonia Tool, Inc , 936 Anderson Road, P. 0. Box
238, Litchfield, Michigan, 49252, to sell for $25,000 00 property situated
at 20003 St. Francis Street, Livonia, Michigan, the legal description of
which is as follows:
Lots 243 and 244, Argonne Subdivision, as recorded in Liber
4.0, Page 5, Wayne County Records, said subdivision being part
of the N E 1/4 of Section 1, T. 1 S. , R. 9 E. , Livonia Township
(now City of Livonia), Wayne County, Michigan
the Council does hereby determine to authorize the Department of Law to
acquire the aforesaid property at the price of $25,000.00, as well as
authorize an expenditure of not to exceed $160.00 for the proration of
1978 City, County and School taxes applicable to this property; and the
Council does hereby authorize the expenditure of the aforesaid sums from
the Unexpended Fund Balance Account for this purpose; and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, it was
#973-79 RESOLVED, that having considered a communication from the
Director of Public Works, dated September 5, 1979, in connection with a
communication from Mr. Hugh A Leavell, dated June 25, 1979, wherein space
at Pierson School is offered for use by the Civil Service Commission for
the period May 15, 1979 through October 31, 1979, the Council does hereby
determine to authorize the transfer of all City-owned fixtures and improve-
ments made at the said Pierson School to Mr Hugh A Leavell in return for
rent-free occupancy for the aforesaid period; and the Director of Public
Works is hereby requested to do all things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None
The communication from the Planning Commission dated August 30, 1979 with
respect to acquisition of tax reverted parcels, was received and placed on file for
the information of the Council.
18115
By Councilman Nash, seconded by Councilman Ventura, it was
#974-79 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated September 10, 1979, approved by the Finance
Director and approved for submission by the Mayor, to which is attached a
proposed CETA Title VII Agreement between the City of Livonia, the County
of Wayne and the City of Dearborn, with regard to the joint operation of
CETA title programs, the Council does hereby authorize the said Agreement
in the manner and form submitted and the Mayor and City Clerk are hereby
requested to execute the same for and on behalf of the City of Livonia, as
well as to do all other things necessary or incidental to the full perform-
ance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ventura, Nash, Taylor and McCann.
NAYS: Bishop, Raymond and Bennett.
The President declared the resolution adopted
By Councilman Nash, seconded by Councilman Taylor, it was
#975-79 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated August 30, 1979, approved by the Finance
Director and approved for submission by the Mayor, with respect to
expenditures for classroom training for FY 1979, the Council does hereby
authorize and grant its approval with respect to the following:
Potential
Agency Training Maximum
Detroit Metropolitan Ceramic Tile Ceramic Tile, Marble $ 21,000
Joint Apprenticeship Committee Terazzo Setter
A roll call vote was taken on the foregoing resolution with the following result:
AYES Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Nash, it was
#976-79 RESOLVED, that having considered a communication from the
Personnel Director, dated August 30, 1979, approved by the Finance
Director and approved for submission by the Mayor, and which transmits a
resolution adopted by the Civil Service Commission on August 9, 1979,
wherein it is recommended that the classification of Recreation Supervisor
be established with the following salary range:
lbw
18116
Imr Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5
$11,960.00 $12,230.40 $12,438 10 $13,020.80 $13,603.20 $1+,185.00
)6o.oo 1+70.1+o 478. 40 500.80 523.20 54+5.6o
5.75 5.88 5.98 6.26 6.54 6.82
PLUS COLA - $520.00 Annual
20.00 Biweekly
25 Hourly
and which sets forth a job description for the said classification of
Recreation Supervisor, the Council does hereby determine to concur in and
approve of said action.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Taylor, it was
#977-79 RESOLVED, that having considered a communication dated September
5, 1979 from the Department of Law transmitting for Council acceptance
five Grants of Easements more particularly described as:
1. Grant of Easement dated May 31, 1979 executed by Joel R Baynes and
Anna M Baynes, his wife, conveying
The west 12 feet of the south 4+3 feet of the following described
parcel:
The east 231.28 feet of the south 83.50 feet of lot 566, also
the east 231.28 feet of lot 567, Supervisor's Livonia Plat No. 10,
T. 1 S., R 9 E , City of Livonia, Wayne County, Michigan.
(Parcel No. 15a566a2a, 566b1, 567a)
2. Grant of Easement dated May 31, 1979 executed by Stanley J.
Sczecienski and Stella C Sczecienski, his wife, conveying:
The South 2 feet of:
Lot 168, Livonia Estates Subdivision No. 3, T. 1 S , R 9 E , City
of Livonia, Wayne County, Michigan.
3. Grant of Easement dated May 31, 1979 executed by Robert W. McGill and
Helen McGill, his wife, conveying:
The North 4 feet of.
Lot 167, Livonia Estates Subdivision No. 3, T. 1 S. , R 9 E., City
of Livonia, Wayne County, Michigan
18117
4. Grant of Easement dated June 29, 1979 executed by Alfred Skinders
and Elga 0. Skinders, his wife, conveying:
The East 10 feet; also the south 10 feet except the west 45 feet of:
Lot 21, Thomas F. O'Connor's Merriman Park Subdivision, T. 1 S. , R
9 E. , City of Livonia, Wayne County, Michigan.
5. Grant of Easement dated May 31, 1979 executed by Randolph J Long
and Robert Wellhaysen, single men, conveying:
The West 12 feet of the following described parcel:
The east 231.28 feet of the lots 568 and 569, Supervisor's Livonia
Plat No. 10, T. 1 S. , R 9 E. , City of Livonia, Wayne County,
Michigan. (Parcel No. 15a 568a, 569a)
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grants of Easements 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bennett, it was
#978-79 RESOLVED, that having considered a communication dated September
11, 1979 from the Department of Law transmitting for Council acceptance a
Grant of Easement dated July 10, 1979, executed by R. Ajluni, M D. and
Rosette Ajluni, his wife, conveying:
A 20 ft. wide easement for a storm sewer, located in
the S.W. 1/4 of Section 10, T 1 S , R. 9 E. , City of
Livonia, Wayne County, Michigan, the centerline of said
easement, more particularly described as commencing at
the West 1/4 corner of said Section 10; thence N 89°
55' 30" E , 617.00 ft. , along the East and West 1/4 line
of said Section 10 and the centerline of Curtis Avenue;
to the point of beginning; thence S. 0° 29' 30" E. ,
330.00 ft. , to the point of ending.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant 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 resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
18118
By Councilman Nash, seconded by Councilman Raymond, it was
#979-79 RESOLVED, that having considered a communication dated September
5, 1979 from the Department of Law transmitting for Council acceptance a
Grant of Easement dated August 27, 1979 executed by Steve Stolaruk,
President of the Stolaruk Corporation, conveying:
The South 20 feet of the East 900 feet of the following parcel of land:
Land in the Northwest 1/4 of Section 29, T. 1 S , R 9 E. , City of Livonia,
Wayne County, Michigan, described as follows:
The South 330 feet of the North 1594 feet of the East 1320 feet of the
Northwest 1/4 of said Section 29, excepting the West 230 feet thereof, and
also excepting the East 43 feet thereof.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant 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 resolu-
tion.
A roll call vote was taken on the foregoing resolution with the following result'
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, it was
#980-79 RESOLVED, that having considered a communication dated September
5, 1979 from the Department of Law transmitting for Council acceptance five
(5) Grants of Easements more particularly described as:
1 Grant of Easement dated June 18, 1979 executed by Charles S.
Sizemore, Trustee, and Meyer Glinter, Trustee, of Trinity Baptist
Church, conveying:
The centerline of a 12 foot wide easement, said centerline being more
particularly described as follows:
Commencing at the Southwest corner of Section 7, T. 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan; thence due East 923.98 feet
along the South line of said Section to a point, thence N 00 32' 50"
W. 120.37 feet to a point; thence due West 15.00 feet to a point; thence
N 00 32' 50" W 328 35 feet for a place of beginning; thence S. 63°
33' E 70.72 feet to a point; thence due East 130.00 feet to a point;
thence N. 48° 21' East 143.62 feet to the point of ending.
2. Grant of Easement dated June 18, 1979 executed by Charles S. Sizemore,
Trustee, and Meyer Glinter, Trustee, of Trinity Baptist Church,
conveying:
The centerline of a 30 foot wide easement, said centerline being more
particularly described as follows.
18119
Commencing at the Southwest corner of Section 7, T 1 S , R 9 E.,
City of Livonia, Wayne County, Michigan; thence due East 923.98 feet
along the South line of said Section to a point, thence N. 0° 32' 50"
W. 120.37 feet to a point; thence due West 15.00 feet to a point;
thence N. 0° 32' 5Q7 West 328.35 feet to a point; thence S. 63" 33'
East 70.72 feet to a point; thence due East 130.00 feet to a point;
thence N. 48° 21' East 143.62 feet for a place of beginning; thence
continuing N. 48° 21' East 5.38 feet; thence due East 292.36 feet to
the point of ending
3. Grant of Easement dated June 18, 1979 executed by Charles S. Sizemore,
Trustee, and Meyer Glinter, Trustee, of Trinity Baptist Church,
conveying:
The centerline of a 10 foot wide easement, said centerline being more
particularly described as follows:
Commencing at the Southwest corner of Section 7, T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan; thence due East 908.98 feet along
the South line of the said Section 7; thence N 0° 32' 50" West 948.72
feet; thence due East 296.24 feet to the point of beginning; thence
S. 0° 32' 50" East 573.05 feet; thence due East 234 feet, thence due
South 195.66 feet to the point of ending of the easement herein
described.
4. Grant of Easement dated August 2, 1979 executed by C. Nelson Grote,
President, and. W. Kenneth Lindner, Vice President for Business, of the
Schoolcraft Community College District, conveying:
A 12 ft. wide storm sewer easement described as follows:
Commencing at the S.W. corner of Section 7, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan; thence due East 923.98 feet along the
South line of said Section to a point; thence N 0° 32' 50" W 120 37
feet to a point, thence due West 15.00 feet to a point; thence N. 0°
32' 50" W. 55.00 feet for a place of beginhing; thence S. 89° 27' 10"
W 31.00 feet to a point; thence N. 0° 32' 50" W. 289.14 feet to the
point of ending at the centerline of the above described easement.
5. Grant of Easement dated August 2, 1979 executed by C. Nelson Grote,
President, and W. Kenneth Lindner, Vice President for Business, of the
Schoolcraft Community College District, conveying:
A 12 ft. wide storm sewer easement described as follows:
Commencing at the S W corner of Section 7, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan; thence due East 923.98 feet along the
South line of said Section to a point; thence N 0° 32' 50" W. 120.37
feet to a point, thence due West 15.00 feet to a point; thence N 0°
32' 50" W 328.35 feet for a place of beginning; thence N 63° 33 W.
41.53 feet to the point of ending.
the Council does hereby for and in behalf of the City of Livonia accept the
aforesaid Grants of Easements and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to
forward recorded copies of the two (2) Grants of Easements from the
18120
Schoolcraft Community College District to the Vice President for Business
imo Affairs at Schoolcraft College and to do all other things necessary or
incidental to fulfill the purpose of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#981-79 RESOLVED, that having considered a communication from the
Director of Finance, dated September 4, 1979, approved for submission by
the Mayor, with regard to conducting public hearings in connection with
general revenue sharing funds, the Council does hereby determine that a
Public Hearing shall be conducted on Monday, October 15, 1979, at 7:30
P M., at the City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154,
with respect to the Proposed Use Report and Budget presented to the City
Council by the Mayor for the fiscal year December 1, 1979 to November 30,
1980 so that citizens may have the opportunity to provide written and oral
comments on the possible uses of such funds at that time; and the City
Clerk shall give adequate public notice of the said public hearing in
accordance with provisions of law.
*Councilman Nash was excused at 9.16 P M
By Councilman Taylor, seconded by Councilman Bennett, and unanimously
adopted, it was
#982-79 WHEREAS, pursuant to the direction of the City Council in its
resolution 804-79 adopted on August 15, 1979, and in accordance with
Section 2-510 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 September 6, 1979 an assessment roll dated August
29, 1979 for the improvement consisting of a 31-foot wide full-depth
asphalt pavement with concrete curbs and gutters (Alternate II) on
St. Martins Avenue from Purlingbrook to Livonia Mall Shopping Center in
the S E. 1/4 of Section 2, 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
804-79
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
2-511 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 in said City, 33000 Civic Center Drive, on
Wednesday, November 14, 1979, at 7.00 P M to review the said special
18121
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 November 14, 1979; 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.
*Councilman Nash returned at 9:17 P M
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 10 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE: PETITION
NO. 79-4-1-11 FOR CHANGE OF ZONING FROM P.L. TO
P.S.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Bennett gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
RE: PETITION NO. 79-5-3-5
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Taylor gave first reading to the following Ordinance:
L AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
RE: PETITION NO. 79-5-3-6
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
18122
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Taylor, seconded by Councilman Nash, it was
RESOLVED, that the Council does hereby determine to approve the
Preliminary Plat of Hidden Creek Subdivision located in Section 9, and
setting of the bonds for improvements in the same.
By Councilman Bishop, seconded by Councilman Ventura, it was
#983-79 RESOLVED, that the approval of the Preliminary Plat of Hidden
Creek Subdivision, located in Section 9, and setting of the bonds for
improvements in the same, is hereby tabled pending a receipt of a report
from the Department of Natural Resources that has been requested by the
Engineering Division.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Ventura, Nash, Raymond and McCann.
NAYS: Taylor and Bennett.
The President declared the resolution adopted.
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#984-79 RESOLVED, that the Council does hereby request that the
Engineering Division submit a report regarding existing flood conditions
in the Nottingham Woods West Subdivision, and whether or not such flooding
would increase by reason of the development of the proposed Hidden Creek
Subdivision
By Councilman Ventura, seconded by Councilman Nash, it was
#985-79 RESOLVED, that having considered the report and recommendation of
the Water Supply, Drainage, Sewage and Waste Disposal Committee, dated
September 19, 1979, and submitted pursuant to Council Resolution 850-79,
in connection with a communication from Commercial Removal, dated July 25,
1979, with regard to an extension of the current three year contract, as
previously extended, for the collection and disposal of solid waste, the
Council does hereby determine, in accordance with Section 9, Page IB-3,
based upon mutual agreement of the parties, to authorize the extension of
the current contract between the City of Livonia and Commercial Removal,
Inc. for a period of one year, commencing October 1, 1979 and ending
September 30, 1980, the said contract, as extended, to include a rate
increase of 10%, as well as to contain the same terms as are set forth in
the current contract; and the Mayor and City Clerk are hereby authorized
to affix their signatures to the subject contract for and on behalf of the
City of Livonia and to do all things necessary or incidental to the full
performance of this resolution
18123
A roll call vote was taken on the foregoing resolution with the following result:
L
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Taylor, it was
#986-79 RESOLVED, that having considered a communication from the National
League of Cities, dated September 4, 1979, the Council does hereby determine
to designate Mayor Edward H. McNamara as Voting Delegate and Council
President Robert E McCann as Alternate Voting Delegate to represent the
City of Livonia at the annual business session of the Congress of Cities to
be held in Las Vegas, Nevada, on November 28, 1979; and the City Clerk is
hereby requested to transmit a copy of this resolution together with the
attached designation of voting delegate and alternate voting delegate forms,
to the National League of Cities.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
LBy Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#987-79 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Ventura, seconded by Councilman Bennett, it was
#988-79 WHEREAS, special assessment rolls, more particularly hereinafter
described, for the construction of paving improvements in the City of
Livonia have been prepared, reviewed and confirmed by the City Council; and
WHEREAS, the City Council deems it necessary to borrow money and
issue bonds in anticipation of the collection of the unpaid portion of said
special assessments to defray part of the cost of said public improvements,
all in accordance with the City Charter;
NOW, THEREFORE, BE IT RESOLVED THAT:
1 The estimated period of usefullness of said public improvements
is not less than twenty (20) years.
2. Bonds of the City be issued in the amount of Eight Hundred
L Thousand Dollars ($800,000) in anticipation of the collection of an equal
amount of the unpaid installments of special assessments on the special
assessment rolls hereinafter in this Paragraph 2 set forth, the principal
amount of special assessment for each roll pledged for the payment of
said bonds to be as follows for the following districts:
18124
Special Assessment District No. 163 $24,000
Special Assessment District No. 164 S75,300
imp Special Assessment District No. 177 $26,500
Special Assessment District No. 182 $27,100
Special Assessment District No. 183 $109,000
Special Assessment District No. 184 $20,000
Special Assessment District No. 185 $86,000
Special Assessment District No. 186 $53,050
Special Assessment District No. 187 $44,300
Special Assessment District No. 194 $73,050
Special Assessment District No. 197 $35,350
Special Assessment District No. 198 $30,550
Special Assessment District No. 199 $127,400
Special Assessment District No. 204 $68,400
The liability of each special assessment district shall be limited to the
principal amount set forth above and interest thereon. In addition to the
special assessments primarily pledged as aforesaid, the City's full faith,
credit and resources shall be pledged secondarily for the prompt payment
of the principal and interest on said bonds as the same become due, which
secondary pledge shall include the City's limited tax obligation, within
applicable constitutional, statutory and charter limits, and its general
fund. The City budget shall provide that if the pledged special assessments
are not collected in amounts sufficient to pay the principal of and interest
on said bonds as the same become due, the City, before paying any other
budgeted amounts, will promptly advance from its general funds sufficient
moneys to pay that principal and interest. The bonds shall be designed
1980 SPECIAL ASSESSMENT BONDS, shall consist of one hundred sixty (160)
bonds of the denomination of $5,000 each, numbered consecutively in direct
order of maturity from 1 upwards, dated January 1, 1980, and shall be
payable serially, without option of prior redemption, on January 1 of the
years as follows:
$ 50,000 1981;
75,000 1982;
100,000 1983;
75,000 1984;
100,000 1985;
75,000 1986;
100,000 1987;
75,000 1988;
50,000 1989,
25,000 1990;
15,000 1991 to 1995, inclusive.
The bonds shall be coupon bonds, bearing interest at a rate or rates not
exceeding eight percent (8%) per annum, payable on January 1, 1981, and
semiannually thereafter. Both principal of and interest on said bonds shall
be payable at a bank or trust company to be designated by the original
purchaser of the bonds, with the approval of the City Clerk. Interest on
the bonds from January 1, 1980 to July 1, 1980 shall be capitalized and
paid from the proceeds of the bonds.
3. The bonds shall be signed in the name of the City by the
Mayor and countersigned by the City Clerk and the City Treasurer and shall
18125
bear the City seal, and the interest coupons annexed thereto shall bear
the facsimile signatures of the Mayor and City Treasurer. The bonds, when
executed, shall be delivered to the City Treasurer and be delivered by him
to the purchaser thereof upon payment of the purchase price thereof in
accordance with the bid therefor when accepted.
4. There shall be established and maintained a fund to be
designated "1980 Special Assessment Bond Debt Retirement Fund." Into said
fund there shall be placed the accrued interest and premium, if any,
received at the time of delivery of said bonds, plus a sum, which when
taken together with paid accrued interest and premium, will be sufficient
to pay interest on the bonds from January 1, 1980 to July 1, 1980. In
addition, there shall be paid into said fund that part of the collection of
principal and interest on the special assessment rolls in anticipation of
the collection of which the bonds authorized by the provisions of this
resolution have been issued; provided, however, that the amount to be paid
by each such district shall not exceed the amount of bonds allocated to
such district and the interest thereon. If at any time said fund is
insufficient to pay the principal of and interest on said bonds as the
same become due, the City shall advance from its general funds a sufficient
amount to pay said principal and interest, or levy ad valorem taxes on all
taxable property within the boundaries of the City to pay said principal
and interest, within existing charter, statutory and constitutional
limitations.
5. Said bonds and the attached coupons shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF. LIVONIA
1980 SPECIAL ASSESSMENT BOND
No. $5,000
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, acknowledges itself to owe and for value
received hereby promises to pay to the bearer hereof the sum of
FIVE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of January,
A.D. , 19 , with interest thereon from the date hereof until paid at the
rate of percent ( %) per annum, payable
on January 1, 1981, and semiannually thereafter on the first day of July
and January of each year upon presentation and surrender of the annexed
interest coupons as they severally become due. Both principal of and
interest on the bonds are payable at the principal office of
, and for
18126
the prompt payment of this bond, both principal and interest, the full
faith, credit and resources of the City of Livonia are hereby irrevocably
pledged. In case of insufficiency of the special assessment collections
primarily pledged for the payment of the principal of and interest on this
bond, the City is obligated to pay the same from its general funds or from
any taxes which it may levy within applicable constitutional, statutory or
charter limitations.
This bond is one of a series of one hundred sixty (160) bonds of
even date and like tenor, except as to rate of interest and date of
maturity, aggregating the principal sum of $800,000, issued in anticipation
of the collection of special assessments in certain Special Assessment
Districts in the City for the purpose of paying part of the cost of
constructing certain street improvements and is issued in accordance with
the City Charter and with a duly adopted resolution of the City Council
of the City.
Bonds of this issue shall not be subject to redemption prior to
maturity.
This bond is payable out of special assessments to be collected
on special assessment rolls numbered in accordance with the aforesaid
districts, or in the case of insufficiency of said special assessments
collections, out of the general funds of the City, including ad valorem
taxes which the City may levy on all taxable property within the City
subject to constitutional, statutory and charter limitations. The liabilit
of each special assessment district shall be limited to payment of the
amounts and interest thereon as set forth in the bond authorizing resolu-
tion. 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 said City, including this bond, does not exceed
any constitutional, statutory or charter debt limitation.
IN WITNESS WHEREOF, the CITY OF LIVONIA, County of Wayne,
State of Michigan, by its City Council, has caused this bond to be signed
by its Mayor and to be countersigned by its City Clerk and City Treasurer
and its corporate seal to be hereunto affixed, and has caused the annexed
interest coupons to be executed with the facsimile signatures of its Mayor
and City Treasurer, all as of the first day of January, A D. , 1980.
CITY OF LIVONIA
By
Mayor
(SEAL)
Countersigned
City Clerk
City Treasurer
18127
(Form of Coupon)
No. $
On the first day of , A D. , 19 , the CITY OF
LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof
the sum shown hereon, at the principal office of
being the interest due that date on its 1980 Special Assessment Bond
dated January 1, 1980.
Mayor
City Treasurer
6. The City Clerk shall make application to the Municipal Finance
Commission for an order granting permission for the issuance of said bonds
and approval of the form of notice of sale. Upon receipt of such approval
from the Municipal Finance Commission, the City Clerk shall fix a date for
sale of the bonds and cause notice of sale of the bonds to be published
in The Bond Buyer, New York, New York, and in the Observer-Eccentric, a
newspaper circulated in the City of Livonia, Michigan, at least seven (7)
full days before the date fixed for sale of the bonds. The notice of sale
shall be in substantially the following form:
OFFICIAL NOTICE OF SALE
$800,000
CITY OF LIVONIA,
COUNTY OF WAYNE, STATE OF MICHIGAN
1980 SPECIAL ASSESSMENT BONDS
(LIMITED TAX GENERAL OBLIGATION)
SEALED BIDS for the purchase of the above bonds will be received by the
undersigned at the City Hall located at
, Livonia, Michigan 4+815+, on ,
the day of , 19 , until
o'clock .m. , Eastern Time, at which time and place said
bids will be publicly opened and read.
BOND DETAILS: Said bonds will be coupon bonds, of the denomination of
$5,000 each, dated January 1, 1980, numbered in direct order of maturity
from 1 upwards and will bear interest from their date payable on January 1,
1981, and semiannually thereafter.
Said bonds will mature on the 1st day of January as follows:
18128
$ 50,000 1981,
75,000 1982,
100,000 1983,
75,000 1984,
100,000 1985;
75,000 1986,
100,000 1987;
75,000 1988,
50,000 1989;
25,000 1990;
15,000 1991 to 1995, inclusive.
PRIOR REDEMPTION: Bonds of this issue are not subject to prior redemption.
INTEREST RATE AND BIDDING DETAILS. The bonds shall bear interest at a rate
or rates not exceeding 8% per annum, to be fixed by the bids therefor,
expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest on any
one bond shall be at one rate only, all bonds maturing in any one year must
carry the same interest rate and each coupon period shall be represented
by one interest coupon. The difference between the highest and lowest
interest rate on the bonds shall not exceed two (2%) percent 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.
PAYING AGENT: Both principal and interest shall be payable at a bank or
trust company located in Michigan qualified to act as paying agent under
State or United States law, to be designated by the original purchaser of
the bonds, who may also designate a co-paying agent, which may be located
outside of Michigan, qualified to act as paying agent under the law of the
State in which located or of the United States, both of which shall be
subject to approval of the undersigned
PURPOSE AND SECURITY: The bonds are issued in anticipation of the
collection of special assessments for paving improvements in certain special
assessment districts in said City, as set forth in the bond authorizing
resolution. The special assessments and interest thereon are sufficient to
pay the principal and interest on the bonds as when due. The liability of
each special assessment district is limited as set forth in the bond
authorizing resolution The bonds will pledge the full faith and credit of
the City as additional security for payment of the principal and interest
thereon, and pursuant to such pledge, should funds primarily pledged be
insufficient for payment, the City is obligated to make such payment from
general funds or from any taxes which it may levy subject to any applicable
constitutional, statutory or charter limitations.
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 $16,000, drawn
upon an incorporated bank or trust company and payable to the order of the
Treasurer of the City must accompany each bid as guarantee of good faith on
the part of the bidder, to be forfeited as liquidated damages if such bid
be accepted and the bidder fails to take up and pay for the bonds. No
interest shall be allowed on the good faith checks and checks of the
unsuccessful bidders will be promptly returned to each bidder's represent-
ative or by registered mail.
18129
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 , 1980, 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, a copy of which opinion will be printed on the reverse side of
each bond, and the original of which will be furnished without expense to
the purchaser of the bonds at the delivery thereof. The fees of Miller,
Canfield, Paddock and Stone for services rendered in connection with such
approving opinion are expected to be paid from bond proceeds. Except to
the extent necessary to issue their unqualified approving opinion as to
validity of the above bonds, Miller, Canfield, Paddock and Stone has not
been requested to examine or review and has not exflmined 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 can not and will not express any opinion with
respect to the accuracy or completeness of any such financial documents,
statements or materials.
DELIVERY OF BONDS: The City will furnish bonds ready for execution at its
expense. Bonds will be delivered without expense to the purchaser at
Detroit, Michigan, or Chicago, Illinois, or any other place to 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 Time, on
the 45th day following the date of sale, or the first business day there-
after 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 Federal Reserve Funds. Accrued
interest to the date of delivery of the bonds shall be paid by the
purchaser at the time of delivery.
CUSIP NUMBERS: CUSIP identification numbers will be printed on the bonds,
but neither the failure to print the numbers nor any error with respect
thereto shall constitute cause for refusal by the purchaser to accept
delivery of the bonds. All expenses in relation to the printing of CUSIP
numbers shall be paid for by the City except that the CUSIP Service Bureau
charge for the assignment of numbers shall be the responsibility of and
paid for by the purchaser.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal for
Special Assessment Bonds."
Clerk, City of Livonia
APPROVED:
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
18130
L8. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are
rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Taylor, it was
#989-79 RESOLVED, that having considered the report and recommendation of
the Chief of Police, dated September 13, 1979, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of nine (9) 1980 Plymouth Volarec
directly through the State of Michigan, Department of Management and Budget,
for a total cost not to exceed $4179.23 each; and the Council does hereby
determine to appropriate and authorize the expenditure of a sum not to
exceed $37,613.07 from the Unexpended Fund Balance Account for this purpose
FURTHER, the Council does hereby determine to authorize the said purchase
without competitive bidding for the reasons indicated in the aforementioned
communication and such action is taken in accordance with the provisions
set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as
amended.
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, it was
#990-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated September 20, 1979, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby determine to amend Item No. 8 of Council Resolution 711-79 adopted
on July 18, 1979 so as to reduce the financial assurances now on deposit
with the City for general improvements in Bicentennial Estates Subdivision,
located in the Northwest 1/4 of Section 4, to $95,870.00, of which at least
$10,000.00 shall be in cash, to cover the cost of remaining general improve-
ments in said subdivision, and the financial assurances now on deposit with
the City, if any, shall be reduced accordingly; FURTHER, all other Finan-
cial Assurances now on deposit with the City with respect to remaining
improvements in said subdivision shall remain the same and unchanged; and
the City Clerk and City Treasurer are hereby authorized to do all things
necessary or incidental to the full performance of this resolution.
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Ventura, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: None.
18131
By Councilman Bishop, seconded by Councilman Raymond, it was
#991-79 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated September 24, 1979, which bears the signature of
the Finance Director, is approved by the Director of Public Works and
President of the Historical Commission, and is approved for submission by
the Mayor Pro Tem, the Council does hereby accept the bid of New-Era
Construction, Inc., 486+8 Grand River, Novi, Michigan, for moving the
house located at 37+03 Ann Arbor Trail to Greenmead (Contract 79-M) for the
price of $11,500.00, the same having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize the transfer of
the sum of $1500.00 from Public Utilities Account No. 101-737-928.000.000
to Building Improvement Historical Restoration Account No. 101-737-976.120,
000, as well as to appropriate and authorize the expenditure of the total
amount of $11,500.00 from the following accounts in the following amounts:
Historical Restoration Account No.
101-737-976.120.000 $ 5802.80
Unexpended Fund Balance Account 5697.20
and the Director of Public Works is hereby authorized to approve minor
adjustments in the work as required; 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
Imwincidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Nash, Taylor, Raymond, Bennett and McCann.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Raymond, seconded by Councilman Bennett, and unanimously
adopted, this 915th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9:55 P M , September 26, 1979.
ADDISON W. :lip CI / CLERK