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HomeMy WebLinkAboutCOUNCIL MINUTES 1998-10-21 31261 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA amp On October 21, 1998, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the - Council at 8 00 p m Councilmember Vandersloot delivered the invocation Roll was called with the following result: Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack Engebretson Absent: None Elected and appointed officials present: Jack E. Kirksey, Mayor; John Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, Mary Rutan, Personnel Director; Kevin RoRey, Public Utility Manager; Jeanne Treff, Cable Television Director; and Ian Wilshaw, Traffic Commission On a motion by Brosnan, seconded by Duggan, and unanimously* adopted, it was #776-98 RESOLVED, that the minutes of the 1,378th Regular Meeting of the Council of the City of Livonia, held October 7, 1998, are hereby approved as submitted *Councilmember Pastor voted "Present." No one from the audience wished to speak at this time City Clerk Joan McCotter spoke to the availability of absentee ballot applications through the automated voice mail telephone line Councilmember Vandersloot wished a "Happy Birthday" to one-year old Emilia McCotter, daughter of Thaddeus and Rita McCotter 31262 Councilmember Duggan relayed a belated birthday greeting to his wife, Laura, whose birthday was last Sunday Additionally, Councilmember Pastor addressed the subject of this year's Holiday Parade to be held on November 21, 1998 at 9 00 a m , commencing at Merriman Road and ending at Wonderland Mall A communication from the Engineering Division, dated October 15, 1998, re status of the Whispering Pines Site Condominium Subdivision (formerly Pines of Winfield Subdivision) and restoration work in Sheffield Estates Subdivision was received and placed on file for the information of the Council A communication from the Engineering Division, dated October 19, 1998, re the posting of bonds with respect to the approval of the Master Deed, Bylaws and Site Plan for the Whispering Pines Site Condominiums (Petition 98-9-8-29) was received and placed on file for the information of the Council (Consent Agenda Item #9) A communication from the Department of Law, dated October 20, 1998, re the Bylaws for Whispering Pines Site Condominiums (Petition 98-9-8-29) was received and placed on file for the information of the Council (Consent Agenda Item #9) A communication from property owners abutting the proposed Whispering Pines Site Condominiums (Petition 98-9-8-29), dated October 16, 1998, re requested points of clarification with respect to this subject matter was received and placed on file for the information of the Council (Consent Agenda Item #9) A communication from Dario Tomei, Darmik, Inc., new owner of the Whispering Pines Site Condominiums, dated October 16, 1998, re background 31263 information on his company was received and placed on file for the information of the Council (Consent Agenda Item #9) A communication from Michael Garavaglia, Darmik, Inc., dated October 14, 1998, re signs erected on the site of the proposed Whispering Pines Site - Condominiums was received and placed on file for the information of the Council (Consent Agenda Item #9) On a motion by Duggan, seconded by Brosnan, it was #777-98 RESOLVED, that having considered a letter from Shirley Hutchinson, 61321 Fairland Drive, South Lyon, Michigan 48178, dated September 22, 1998, with regard to the Church of Jesus Christ of Latter- day Saints' 12th Annual Christmas Crèche Exhibit (nativity scenes) to be displayed in the church building on the corner of Six Mile Road and Merriman, and wherein permission is requested to place signs at the following locations throughout the City from November 21, 1998, through December 8, 1998 Li One 4' x 5' wooden sign on the lawn of the church directly in front of the building, set back at least 10 feet from the sidewalk on the south side of the property; 2 Two 3' x 4' two-sided sandwich board signs located on the lawn of the church at each driveway (one off Six Mile and one off Merriman) set back at least 10 feet from the sidewalk, 3 Twenty-five wire lawn signs (size 11" x 14") with these words Nativity Exhibit Dec. 4 - 7 Corner of 6 Mile and Merriman at the following corners Five Mile and Newburgh Six Mile and Newburgh Seven Mile and Newburgh Plymouth Road and Newburgh Joy Road and Newburgh Five Mile and Levan Six Mile and Levan Seven Mile and Levan 31264 Seven Mile and Wayne Six Mile and Wayne Lyndon and Farmington Five Mile and Farmington Six Mile and Farmington Seven Mile and Farmington Five Mile and Hubbard Five Mile and Merriman Seven Mile and Merriman Eight Mile and Merriman Five Mile and Middlebelt Six Mile and Middlebelt Seven Mile and Middlebelt as well as along Merriman Road and Newburgh Road in front of the post offices, the Council does hereby concur in and approve this request in the manner and form herein submitted #778-98 RESOLVED, that having considered a letter from Lawrence C Lenchner, President of Abington Development, Inc., dated October 2, 1998, requesting elimination of the sidewalk requirement with respect to the new construction located at 29180 Bretton, the Council does hereby refer this matter to the Engineering Division for its report pnd recommendation #779-98 WHEREAS, there exists in the City of Livonia, County of Wayne, State of Michigan (the "City"), the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes through financing of the acquisition, construction and equipping of an apartment home facility for use by Woodhaven of Livonia, a Michigan non-profit (the "Project"), has been initiated by The Economic Development Corporation of the City of Livonia (the "EDC"), and WHEREAS, the EDC in conformity with Act No 338, Public Acts of Michigan, 1974, as amended ("Act No 338"), has designated the hereinafter described project area for such a program to this City Council for its approval thereof; and 31265 WHEREAS, it is also necessary for this City Council to establish project district area boundaries, and WHEREAS, it is also necessary for this City Council to approve the appointment of two additional directors to the Board of Directors of the EDC pursuant to the provisions of Section 4(2) of Act. No 338, NOW, THEREFORE, BE IT RESOLVED THAT 1 This City Council does hereby certify its approval of the EDC's designation of the project area described in Exhibit A hereto attached 2 This City Council does hereby establish as a project district area the property described in Exhibit B hereto attached 3 This City Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the EDC to serve in conformity with the provisions of Section 4(2) of Act No 338 4 It is hereby determined that the requirements of Section 20 of Act No 338 have been met and that the formation of a project citizens district council is not required 5 The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the EDC 6 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded EXHIBIT A PROJECT AREA Land situated in the City of Livonia, County of Wayne, State of Michigan, described as follows 29667 Wentworth, Livonia, Michigan 48154-3256 first street north of Five Mile Road, west of Middlebelt Road That part of the Southeast 1/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as the West 360 00 feet of the South '/2 of the South '/z of the Northeast % of the Southeast 1/4 of Section 14, subject to the restriction in the use of the above-described 31266 property that vehicular access will not be provided through Hidden Lane, the private drive abutting the property on the South EXHIBIT B PROJECT DISTRICT AREA Project District Area is coterminous with Exhibit A attached hereto EXHIBIT C ADDITIONAL DIRECTORS 1 Don DiComo 2 Art Kramer Donato Associates, Inc. A. R Kramer Flooring 33150 Schoolcraft Road 15986 Middlebelt Road Suite 104 Livonia, MI 48154 Livonia, MI 48150 #780-98 RESOLVED, that having considered the report and recommendation of the Personnel Director, dated September 25, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on September 23, 1998, wherein it is recommended that Providence Corporate Health Services be designated as the City Physician, the Council does hereby accept the proposal submitted by Providence Corporate Health Services, 37505 Seven Mile Road, Livonia, Michigan 48152, for providing specialized occupational medical services for the City of Livonia for the costs outlined therein and for an estimated annual sum of$20,000 00, and does hereby designate Providence Corporate Health Services as the City Physician, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Sections 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended #781-98 RESOLVED, that having considered the report and recommendation of the Personnel Director, dated September 29, 1998, approved for submission by the Mayor, to which is attached a communication from the Director of Community Resources, dated August 26, 1998, requesting approval of grant classifications and pay rates for fiscal year 1999, the Council does hereby approve of the attached grant classifications and compensation plan for staff employment for the Fiscal Year 1999 through the Department of Community Resources for the 31267 period October 1, 1998, through September 30, 1999, with the only benefit provided being holiday pay after the completion of 480 hours #782-98 WHEREAS, the Authority has been incorporated under and in pursuance of the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, for the purposes set forth in said Act 31 and the Authority's Articles of Incorporation for use for any legitimate public purpose of the City; and WHEREAS, the City and the Authority have entered into separate Full Faith and Credit General Obligation Contracts of Lease in 1977 and 1986 wherein the Authority agreed to acquire, construct, furnish and equip various public facilities and lease the same back to the City (the "Leases"), and WHEREAS, bonds were issued pursuant to the Leases, denominated (a) 1977 Building Authority Bonds, dated April 1, 1977 (the "1977 Bonds") and (b) Building Authority Bonds, Series 1986, dated August 1, 1986 (the "1986 Bonds") (together the "Bonds"), and WHEREAS, the City and the Authority have determined that it is in the best interest of the City and the Authority to refund all or part of the callable 1977 Bonds and 1986 Bonds, and WHEREAS, it is the determination and judgment of the Authority and the City that both issues of the Bonds should be refunded to secure for the City the interest savings anticipated and thereby permit the operation of the financed facilities in a more economical fashion for the benefit of the City; and WHEREAS, the execution of this contract (the "Refunding Contract") is necessary in order to implement a refunding program, NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows 1 The Authority and the City hereby approve and confirm the refunding of all or part of the callable 1977 Bonds and 1986 Bonds under the provisions of the Acts in the manner provided by and pursuant to this Refunding Contract. 2 The Authority will issue a single series of refunding bonds (the "Refunding Bonds") in the total principal amount not to exceed $4,500,000 in order to pay all or part of the costs of refunding the Bonds as described in Section 1 All costs of retiring the Bonds and of issuing the Refunding Bonds, including payment of the principal 31268 of and interest on the Bonds, call premiums, underwriting discount, bond and other printing, administrative, rating fees, bond insurance premiums, legal and financial advisory expenses, printing of official statements, trustee and paying agent/registrar fees and all related expenses shall be paid from the proceeds of sale of the Refunding Bonds or from cash amounts to be made available to pay such costs 3 To carry out and accomplish the refunding in accordance with the provisions of Michigan law, the Authority shall take the following steps (a) The Authority will adopt a resolution providing for the issuance of the Refunding Bonds in the aggregate principal amount of not to exceed $4,500,000 (the "Refunding Bond Resolution"), such Resolution to be substantially in the form attached hereto and based upon the financial analysis provided by Robert W Baird & Co , Incorporated of the financial benefits of the refunding The Refunding Bonds shall mature serially, as authorized by law, and will be issued in anticipation of the debt service installment payments required to be made by the City as provided in the Leases and as hereinafter provided in this Refunding Contract and will be secured primarily by the contractual obligations of the City to pay said installments when due, including interest. After due adoption of the Refunding Bond Resolution, the Authority will take all legal procedures and steps necessary to effectuate the sale and delivery of the Refunding Bonds (b) The Authority, upon receipt of proceeds of sale of the Refunding Bonds, will comply with all provisions and requirements of law, the Refunding Bond Resolution and this Refunding Contract relative to the disposition and use of the proceeds of sale thereof (c) The Authority shall not make any investments or take any other actions which would cause the Refunding Bonds herein authorized to be constituted as arbitrage bonds pursuant to any applicable federal statutes or regulations (d) The Authority shall take all steps necessary to refund the Bonds 4 The full principal amount of the Refunding Bonds shall be charged to and paid by the City to the Authority in annual principal installments, together with interest and other expenses as herein 31269 provided It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments by the City It is agreed that the City shall pay to the Authority, on the date of the annual maturity date or dates of principal amounts of the Refunding Bonds, such principal amount, and in addition, on each interest payment date on the Refunding Bonds, as accrued interest on the principal installments remaining unpaid, an amount sufficient to pay all interest due on such interest payment date From time to time as the Authority is billed by the registrar/transfer/paying agent for the Refunding Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the City or from other action taken in connection with the Refunding Bonds, the Authority shall notify the City of the amount of such fees, costs and expenses, and the City shall, within thirty (30) days from such notification, remit to the Authority sufficient funds to pay such amounts The Authority shall, within thirty (30) days after the delivery of the Refunding Bonds, furnish the City with a complete schedule of said installments and the interest thereon and due dates and shall also, at least thirty (30) days prior to each due date, advise the City, in writing, of the exact amount due on said date The failure to give such notice shall not, however, excuse the City from making required payments when due under the provisions hereof 5 The City, pursuant to authorization of Section 11 k of Act 31, hereby irrevocably pledges its limited tax full faith and credit for the prompt and timely payment of its obligations pledged for payment of the Refunding Bonds as expressed in this contract. Pursuant to such pledge, if other funds are not available, the City shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the City in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under this Refunding Contract becoming due before the time of the following year's tax collections, subject to applicable constitutional, charter and statutory limitations Commitments of the City are expressly recognized as being for the purpose of providing funds to meet the respective contractual obligations of the City in anticipation of which the Authority Refunding Bonds hereinbefore referred to are issued Nothing herein contained shall be construed to prevent the City from using any, or any combination of, the means and methods provided in Section 8a of Act 31 for the purpose of providing funds to meet its 31270 obligations under this Refunding Contract, and if at the time of making the annual tax levy there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such air annual tax levy may be reduced by such amount. 6 Additional moneys over and above any of the payments specified in this Refunding Contract may be prepaid as provided in the Leases 7 All provisions of the Leases not inconsistent herewith, and particularly all covenants relative to the payment of and security for the Bonds made by the City therein, shall remain in full force and effect and shall apply with equal effect to the Refunding Bonds authorized hereby, it being understood that upon issuance of the Refunding Bonds, all or part of the Bonds will be defeased and the Refunding Bonds shall be substituted therefor and shall be outstanding in their place and stead It is also hereby recognized that the obligation of the City to make payments for debt service for those maturities of the Bonds which are not being refunded will continue in full force and effect. 8 Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act. 9 The obligations and undertakings of each of the parties to this Refunding Contract shall be conditioned upon the successful accomplishment of the proposed refunding, and therefore if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Contract shall be considered void and of no force and effect. 10 The Authority and the City each recognize that the holders from time to time of the Refunding Bonds will have contractual rights in this Refunding Contract, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Contract shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest thereon The City and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Contract promptly at all times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the Refunding Bonds, the security therefor, or the prompt payment of principal of and interest thereon It is hereby declared that the terms of this Refunding Contract 31271 insofar as they pertain to the security of Refunding Bonds shall be deemed to be for the benefit of the holders of said Refunding Bonds 11 This Refunding Contract shall remain in full force and effect for a period of thirty (30) years from the date hereof, or until such lesser time as the Refunding Bonds issued by the Authority are paid, at which time this Refunding Contract shall be terminated, and the provisions of the Leases relative to disposition of the financed facilities shall be carried out. In any event, the obligations of the City to make the payments required hereunder shall be terminated at such time as all of the Refunding Bonds are paid in full by the City, together will all interest and penalties and other obligations hereunder 12 This Refunding Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns #783-98 WHEREAS, it is deemed reasonable and economically advantageous for the Municipal Building Authority of Livonia (the "Authority") to take the necessary steps under the provisions of Act 31, Public Acts of Michigan, 1948, (First Extra Session) as amended, and Act 202, Public Acts of Michigan, 1943, as amended, to have,the Authority issue refunding bonds to refund all or part of the Authority's outstanding (a) 1977 Building Authority Bonds and (b) Building Authority Bonds, Series 1986, and WHEREAS, the Authority and the City have negotiated a Refunding Contract providing for such refunding, by the terms of which Refunding Contract the City is obligated to pay the debt service on such refunding bonds to the Authority in installments as therein provided, a copy of which Refunding Contract is attached to the resolution and incorporated by reference, and WHEREAS, said refunding is desirable and necessary to reduce the capital costs of such facilities to the City NOW, THEREFORE, BE IT RESOLVED THAT 1 This City Council hereby approves the Refunding Contract as hereto attached 2 The Mayor and City Clerk are authorized to execute immediately and deliver to the Authority the Refunding Contract approved by this resolution Said Refunding Contract shall become binding and 31272 effective upon the approval thereof by resolution of the Board of Commissioners of the Authority and the execution thereof 3 The City Council does hereby ratify and confirm its covenant in the aforesaid Refunding Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever Any such taxes levied to pay the Cash Rentals under said Refunding Contract shall be subject to applicable constitutional, charter and statutory tax limitations 4 The Mayor, City Clerk and Finance Director are each hereby authorized to file an application and appropriate waivers with the Local Audit and Finance Division of the Michigan Department of Treasury for permission to issue said refunding bonds to and execute any document or certificate necessary to authorize, sell and deliver the refunding bonds 5 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded A communication from the Department of Law, dated October 5, 1998, re proposed ordinance with respect to the regulation of tattoo parlors was received and placed on file for the information of the Council (Petition 98-7-8-22 and CR 656-98) #784-98 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated September 23, 1998, approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Properties Corporation and Leon Zolkower, 2025 West Long Lake Road, Suite 104, Troy, Michigan 48098, the proprietor of Caliburn Estates Subdivision No 2, located in the Northwest 1/4 of Section 8, of the financial assurances previously deposited with respect to the Sidewalk Improvement Bond in the sum of$57,000 00 ($5,000 minimum cash) pursuant to Council Resolution 406-95 adopted on June 21, 1995, and subsequently amended by Council Resolutions 199-96 and 735-97, FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the Director of Public Works and the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia 31273 #785-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1998, which transmits its resolution 9-162-98, adopted on September 29, 1998, with regard to tow Petition 98-9-8-29 submitted by Darmik, Inc., requesting Master Deed, Bylaws and Site Plan approval in connection with a proposal to construct the Whispering Pines Site Condominium Subdivision on property located at 35345 Seven Mile Road in the Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation #786-98 RESOLVED, that the Council does hereby request that the City Engineer submit a report regarding the status of Whispering Pines Site Condominium Subdivision at each Regular Meeting of the Council #787-98 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1998, which transmits its resolution 9-163-98 adopted on September 29, 1998, with regard to Petition 98-9-8-30 submitted by Holy Transfiguration Orthodox Church, requesting Site Plan approval in connection with a proposal to construct an addition to the church located at 36075 Seven Mile Road in the Northeast 1/4 of Section 8, pursuant to the provisions set,forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 98-9-8- 30 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 prepared by Stucky-Vitale Architects, as received by the Planning Commission on August 27, 1998, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet A-4 prepared by Stucky-Vitale Architects, as received by the Planning Commission on September 21, 1998, is hereby approved and shall be adhered to, 3 That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 4 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and the enclosure gates shall be maintained and, when not in use, closed at all times, 31274 5 That the petitioner shall meet to the Fire Department's satisfaction the following requirements as outlined in the correspondence dated September 21, 1998 • should any fire area exceed 12,000 sq ft., an automatic fire suppression system is required and a fire hydrant shall be located between 50-100 feet of the Fire Department connection, and • the entrance drive off Seven Mile Road and along the drive on the west side of the building shall be posted "Fire Lane - No Parking" per City Ordinance #788-98 RESOLVED, that having considered a communication from Councilmember Joe Laura, dated October 1, 1998, regarding the establishment of a procedure to fill the potential vacancy of the City Treasurer, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #789-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 24, 1998, and the report and recommendation of the Chief of Police, dated October 9, 1998, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Villa Del Signore, Inc for a new SDM license and permit to add space to be held in conjunction with 1997 Class C licensed business with Dance-Entertainment Permit and Official Permit (Food) located at 39000 Schoolcraft, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #790-98 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from the Livonia Building Materials Co , dated October 1, 1998, covering new industrial facilities to be located within City of Livonia Industrial Development District 69; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to 31275 determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, November 23, 1998, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets on Monday, November 23, 1998, at TOO p m, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and Engebretson NAYS None On a motion by Duggan, seconded by Pastor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 19, 1998, submitted pursuant to Council Resolution 119-98, and a communication from the Public Utility Manager and the Director of Public Works, dated August 17, 1998, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the matter of a drop ceiling for the business located at the Fox Creek Golf Course, 36000 Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council does hereby grant permission for the Sideline Bar and Restaurant to install a drop ceiling with all costs thereof to be borne by the Sideline Bar and Restaurant and subject to all applicable permits being obtained prior to construction A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Duggan, and Brosnan NAYS Vandersloot, Laura, Walsh, and Engebretson The President declared the resolution denied On a motion by Vandersloot, seconded by Laura, it was #791-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 19, 1998, submitted pursuant to Council Resolution 119-98, and a communication from the Public Utility Manager and the Director of Public Works, dated August 17, 1998, which bears the signature of the Director of Finance and 31276 is approved for submission by the Mayor, regarding the matter of a drop ceiling for the business located at the Fox Creek Golf Course, 36000 Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council does hereby approve the installation of a drop ceiling at the Sideline Bar and Restaurant located at the Fox Creek Golf Course with the costs thereof to be shared equally between the City and the Sideline Bar and Restaurant; FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $5,225 00 from funds already budgeted for this purpose in Building Maintenance Contractual Services Account No 101-447-818-020, which sum represents 50% of the quoted costs submitted by Great Lakes Acoustical Ceilings, Inc , 21902 John R, Hazel Park, Michigan 48030, FURTHER, the Council does hereby direct that such payment shall be made in the form of a reimbursement to the Sideline Bar and Restaurant; FURTHER, this approval is subject to all applicable permits being obtained prior to construction A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Laura, Walsh, and Engebretson NAYS Pastor, Duggan, and Brosnan The President declared the resolution adopted On a motion by Brosnan, seconded by Vandersloot, it was #792-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1, 1998, submitted pursuant to Council Resolution 474-98, and a communication from the City Planning Commission, dated May 8, 1998, which transmits its resolution 5-69-98, adopted on May 5, 1998, with regard to a Sign Permit Application, submitted by Kasper Enterprises on behalf of Westborn Market, requesting approval to erect signage on property located at 14925 Middlebelt Road in the Northeast 1/4 of Section 23, the Council does hereby concur in the recommendation of the Planning Commission and approves the Sign Permit Application with respect to the monument sign only, subject to the following conditions 1 That the Sign Package submitted by Kasper Enterprises, as received by the Planning Commission on April 6, 1998, is hereby approved with respect to the monument sign only and shall be adhered to, 2 That the brick used in the construction of the base of the sign shall match that of the principal building and shall be full-face four (4") inch brick, no exceptions, 31277 3 That all signage for this store shall not be illuminated beyond one hour after closing, and 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval The petitioner, Mark Anusbigian, addressed this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Duggan, Brosnan, and Walsh NAYS Pastor, Laura, and Engebretson The President declared the resolution adopted The 1998-99 Preliminary Budget for the City of Livonia, received from the Office of the Mayor on September 15, 1998, was received and placed on file for the information of the Council (CR 705-98) On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #793-98 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1998, and ending November 30, 1999, as shown in the budget document in Section I, submitted by the Mayor to the Council on September 15, 1998, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as revised by correspondence dated September 25, 1998, from the Director of Finance and approved for submission by the Mayor, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 5, 1998, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 27, 1998, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting 31278 On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was #794-98 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1998, and ending November 30, 1999, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8271 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2407 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8271 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amounts authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0137 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the 31279 industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2 1313 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 3387 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 5115 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was. #795-98 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 21, 1998, submitted pursuant to Council Resolution 705-98, the Council does hereby refer the matter of legislative tracking systems 31280 available for use in Livonia to the administration for its report and recommendation On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #796-98 RESOLVED, that having considered the report and recommendation of the Finance, Insurance and Budget Committee, dated September 21, 1998, submitted pursuant to Council Resolution 705-98, the Council does hereby refer the administration's Beckett & Raeder report on Greenmead to the Capital Improvement Committee for further study On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was. #797-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 20, 1998, and a report and recommendation of the Chief of Police, dated September 18, 1998, in connection therewith, the Council does hereby recommend approval of the request from Merri-Bowl Bar, Inc to add Mark R Voight qs stockholder (1997 licensing year) in 1998 Class C licensed business with Dance Permit, Entertainment Permit without Dressing Rooms, A-Concourse Permit, Official Permit (Bowling), 2 bars and direct connection from Merri- Bowl Bar, Inc. for a business located at 30950 Five Mile Road, Livonia, Michigan 48154, Wayne County, through issuance of 500 shares from the corporation, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from the Department of Finance, dated September 25, 1998, re forwarding a communication from Benefits Communication Corporation, dated September 17, 1998, Defined Contribution Plan investment options was received and placed on file for the information of the Council A communication from the Department of Finance, dated October 16, 1998, re additional information on Defined Contribution Retirement Plan changes was received and placed on file for the information of the Council 31281 On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was #798-98 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 25, 1998, approved for submission by the Mayor, regarding Defined Contribution Plan investment options, the Council does hereby refer the question of oversight regarding investment options to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Walsh, seconded by Duggan, it was #799-98 RESOLVED, that having considered a communication from the City Assessor, dated October 1, 1998, approved for submission by the Mayor, with regard to a request from Kole Zekaj, 29714 Guy, Southfield, Michigan 48076, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination of Tax Item Nos 46-112-99-0022-001 and 46-112-99-0022-002 into one (1) parcel, the legal description of which shall read as follows That part of the Southeast 1/4 of Section 28, T 1 S , R 9C , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89D 17M 20S East, 398 22 feet and North OOD 28M OOS West, 60 00 feet from the South 1/4 corner of Section 28 and proceeding thence South 89D 17M 20S East, 159 02 feet; thence North OOD 29M 30S West, 586 21 feet; thence North 89D 51M 50S West, 158 74 feet; thence South OOD 28M OOS East, 584 61 feet to the point of beginning Containing 2 14 acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds The petitioner, Kole Zekaj, addressed this lot split request. A roll call vote was then taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Brosnan, Walsh, and Engebretson NAYS Laura The President declared the resolution adopted 31282 On a motion by Brosnan, seconded by Walsh, it was #800-98 RESOLVED, that having considered a communication from the City Planning Commission, dated September 30, 1998, which transmits its resolution 9-160-98, adopted on September 29, 1998, with regard to Petition 98-8-2-17, submitted by Kole Zekaj requesting waiver use approval to operate a full service restaurant on property located on the north side of Plymouth Road between Stark and Farmington Roads in the Southeast 1/4 of Section 28, which property is zoned C-2 and RUF, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 98-8-2-17 is hereby approved and granted, subject to the following conditions. 1) That the Site Plan marked Sheet S-1 prepared by Antonino Scavo & Associates, as received by the Planning Commission on September 10, 1998, is hereby approved and shall be adhered to, 2) That the Exterior Building Elevation Plans marked Sheets 7 and 8 of 21 prepared by H C Raptoplous, Inc , as received by the Planning Commission on September 14, 1998, and as revised on October 15, 1998, are hereby approved and shall be adhered to; 3) That the maximum number of customer seats to be provided is 124 seats, 4) That the three walls of the dumpster enclosure shall be constructed of poured concrete with simulated brick pattern and the enclosure gates shall be maintained and, when not in use, closed at all times, 5) That all light fixtures as shown on the Site Plan detail shall be shielded from adjacent properties, and all light standards shall not exceed 20 feet in height; 6) That the Wall Sign and encased neon shown on the color rending, which are consistent with the variance granted by the Zoning Board of Appeals in connection with Appeal Case No 9808-106, are hereby approved, 7) That all other conditions imposed by the Zoning Board of Appeals in connection with the above-referenced Appeal Case shall be complied with, 8) That a fully detailed Landscape Plan shall be submitted for approval within 30 days following approval of this petition by the City Council, 31283 9) That the brick used in the construction of the building shall be full- face four (4") inch brick, no exceptions, 10) That all signage for this restaurant, including the encased neon, shall not be illuminated beyond one hour after closing, 11) That there shall be no neon lighting on the corners of the building, and 12) That the brick as depicted on the Building Elevations shall be no less than 5 feet from the ground up, including the brick on the columns A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Brosnan, Walsh, and Engebretson NAYS Laura The President declared the resolution adopted Revised Exterior Building Elevation Plans, dated October 15, 1998, with respect to Petition 98-8-2-17, were received and placed on file for the information of the Council A pay scale and truck traffic report prepared by Gooddell-Grivas, Inc., received on October 21, 1998, re the Millennium Park Development (Petition 98-6-1-9) was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #801-98 RESOLVED, that having considered a communication from the City Planning Commission, dated July 29, 1998, which sets forth its resolution 7-118-98 adopted on July 28, 1998, with regard to Petition 98-6- 1-9, submitted by Millennium Park, L LC , on behalf of Ladbroke Land Company for a change of zoning of property located on the east side of Middlebelt Road between Schoolcraft Road/I-96 Freeway and the CSX Railroad in the Southwest 1/4 of Section 25, from M-2 to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, October 5, 1998, pursuant to Council Resolution 604-98, the 31284 Council does hereby approve Petition 98-6-1-9 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Marvin Walkon, the petitioner for the aforementioned rezoning request, addressed this matter On a motion by Duggan, seconded by Brosnan, and unanimously adopted it was #802-98 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #803-98 RESOLVED, that having considered a communication from the Mayor, dated October 14, 1998, to which is attached a memorandum from Blue Cross/Blue Shield of Michigan offering the City of Livonia the opportunity to participate in litigation against the major tobacco manufacturers and related industries for injunctive relief and reimbursement of health care costs for tobacco-related illnesses, the Council does hereby approve participation by the City of Livonia in this pending tobacco litigation and does hereby authorize the Mayor and City Clerk to execute the response forms submitted by Blue Cross/Blue Shield of Michigan in this regard and to take all other steps necessary or incidental to the full performance of this resolution On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was #804-98 RESOLVED, by the City Council of the City of Livonia, that the annual Holiday Parade be, and hereby is approved for Saturday, November 21, 1998, beginning at 9 00 a m , and that the Michigan Department of Transportation is hereby requested to close Plymouth Road from Merriman to Middlebelt Roads between the hours of 8 30 a m and 11 00 a m , or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise 4i• 31285 as a result of the road closure, and that Lieutenant Kevin Dawley is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was #805-98 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Brian J Meakin, 35220 Scone, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals effective October 21, 1998, to fill the unexpired term of Thomas L. Foraker, ending July 12, 2001, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. There was no audience communication at the end of the meeting On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,379th Regular Meeting of the Council of the City of Livonia was adjourned at 9 12 p m , October 21, 1998 Jon McCotter, City Clerk