Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1998-01-28 30705 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 28, 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 01 p m Councilmember Laura delivered the invocation. Roll was called with the following result: Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan 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; John Fegan, Director of Inspection, Linda McCann, Director of Community Resources, Robert J Beckley, Director of Public Works, Ronald Reinke, Superintendent of Parks and Recreation, Daniel T Putman, Information Systems Manager; Lt. Tom Yates, Police Department; William LaPine, Planning Commission, and Mike Polsinelli, Plymouth Road Development Authority On a motion by Brosnan, seconded by Vandersloot, and unanimously* adopted, it was. #60-98 RESOLVED, that the minutes of the 1,360th Regular Meeting of the Council of the City of Livonia, held January 14, 1998, are hereby approved as submitted. *Council Vice President Walsh abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances. On a motion by Vandersloot, seconded by Laura, and unanimously* adopted, it was: 30706 #61-98 RESOLVED, that the minutes of the 233rd Special Meeting of the Council of the City of Livonia, held January 21, 1998, are hereby approved as submitted "Councilmember Brosnan abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 190B of the Livonia Code of Ordinances The following individuals spoke during audience communication 1) Richard Stanisz, 36716 Bobrich - voiced complaints about some of the City's services, i e , snow removal, tree trimming removal (due to disease) and leaf pick-up 2) Inder Singh and Joey Knopsnider - students at U of M, Ann Arbor Asked for Livonia's support involving a dance marathon scheduled for next week-end (February 7 & 8) on their campus which is to raise money for the Children's Miracle Network. The marathon is to last for 30 hours with 400 students participating, and 3) Bev Whitbeck, 16440 Penn Drive - voiced concerns about promoting a dog leash law in Livonia. Councilmember Duggan announced the 8th Annual First Step Dance to be held on Friday, February 6, 1998, at 7 30 p m. This event is a fund-raiser for battered women and children. A communication from the Engineering Division, dated January 21, 1998, re status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on the east side of Kroger, was received and placed on file for the information of the Council At the direction of the Chair, Item Nos 7, 10, 11 & 12 were removed from the Consent portion of the Agenda On a motion by Brosnan, seconded by Duggan, it was #62-98 RESOLVED, that having considered a letter from the Dean of Marketing & Development of the Schoolcraft College Foundation, dated January 6, 1998, wherein a request is submitted to place 22" x 14" signs advertising a Spring craft show to be conducted on Saturday, March 7, 1998, and a Fall craft show to be conducted on Saturday and Sunday, November 14 and 15, 1998, at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs are to be installed no earlier than Monday, March 2, 1998, and removed no later than Monday, March 9, 1998, for the Spring craft show and installed no earlier 30707 than Monday, November 9, 1998, and removed no later than Monday, November 16, 1998, for the Fall craft show at the following locations Two signs - Five Mile and Newburgh Two signs - Five Mile and Farmington Two signs - Five Mile and Merriman Two signs - Six Mile and Newburgh Two signs - Six Mile and Farmington Two signs - Six Mile and Merriman Two signs - Six Mile and Haggerty Two signs - Seven Mile and Newburgh Two signs - Seven Mile and Farmington Two signs - Seven Mile and Merriman Two signs - Seven Mile and Haggerty One sign - Laurel Park Drive and Six Mile Road the Council does hereby concur in and approve of this request in the manner and form herein submitted, such signs to be located on the right- of-way as close as possible to the sidewalk. #63-98 RESOLVED, that having considered a communication from the Mayor, dated January 2, 1998, the Council does hereby approve of and concur in the appointment of William LaPine, 33855 Carl Drive, Livonia, Michigan 48152, to the City Planning Commission to fill the unexpired term of office of John J Walsh, which will expire on June 9, 1999, provided that Mr LaPine takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #64-98 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 6, 1998, the Council does hereby consent to and confirm the reappointment of Mark R. Thomas, 33714 Norfolk, Livonia, Michigan 48152, to the Board of Review for a term of three years commencing February 17, 1998, and expiring February 16, 2001 #65-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 10, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2411-97, adopted on November 5, 1997, wherein the Commission did recommend an increase in fees and charges for various entry fees as per the attached schedule, the Council does hereby approve the recommended increases in fees and charges in connection with the aforesaid communication 30708 #66-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 10, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2413-97, adopted on November 5, 1997, wherein increases in fees for the 1998 Ice Show are recommended, the Council does hereby concur in and approve of such action in connection with the aforesaid communication. #67-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 10, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2412-97, adopted on November 5, 1997, wherein it is recommended that two umpires be assigned to all regular season games, league play-off games, league tournaments and league-related all-star games, and that the fee schedule for the umpires be as follows. - $45 00 per game, per umpire for 7 inning games - $50 00 per game, per umpire for 9 inning games - Umpires will receive $15 00 for games they travel to that are rained out prior to the first pitch - Umpires will receive full pay for forfeited games - Umpires will receive full pay for games that are started and not completed the Council does hereby concur in and approve of such action. #68-98 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 8, 1998, approved for submission by the Mayor, the Council does hereby approve the renewal of the contract with Medical Management Systems of Michigan, Inc., 1701 Lake Lansing Road, Suite 100, Lansing, Michigan 48912, for providing ambulance billing services for the period from February 1, 1998, to January 31, 2000, under the same rates, terms and conditions as the 1996 contract; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended; 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 company and to do all things necessary or incidental to the full performance of this resolution. #69-98 WHEREAS, the City of Livonia, Michigan (the "City") intends to authorize the issuance of limited tax general obligation bonds, in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of defraying part of the cost of public improvements as set forth in the Development Plan and Tax Increment 30709 Financing Plan of the Plymouth Road Development Authority (the "PRDA") (the "Project"), and WHEREAS, a notice of intent to issue bonds must be published at least forty-five (45) days before the issuance of the aforesaid bonds in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended, and WHEREAS, the City intends, at this time to state its intentions to be reimbursed from proceeds of the bonds for any expenditures undertaken by the City or the PRDA for the Project prior to issuance of the bonds, and WHEREAS, prior to issuance of the above bonds the City must either receive prior approval of such obligation from the Michigan Department of Treasury or receive an order of exception from prior approval NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk is hereby authorized and directed to publish a notice of intent to issue Bonds in the Livonia Observer, a newspaper of general circulation in the City 2 Said notice of intent shall be in substantially the following form. NOTICE TO TAXPAYERS AND ELECTORS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND THE RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to issue and sell limited tax general obligation bonds of the City in the total principal amount of not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000), for the purpose of defraying part of the cost of certain public improvements in the Development Area in the City as described in the Development Plan and Tax Increment Financing Plan of the Plymouth Road Development Authority Said bonds shall mature serially in not to exceed twenty (20) annual installments with interest payable on the unpaid balance at a rate of not to exceed 7 % per annum or such higher rate as may be permitted by law SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON THE LIMITED TAX GENERAL OBLIGATION BONDS shall be payable primarily from anticipated tax increment revenues derived within the Plymouth Road Development Authority and the bonds shall also pledge the limited tax full faith and credit of the City of Livonia. 30710 IN THE CASE OF THE INSUFFICIENCY OF SAID TAX INCREMENT REVENUES, THE PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL LIMITATIONS RIGHTS OF REFERENDUM THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK BY DEPOSITING IT WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON THIS NOTICE is given pursuant to the requirements of Section 5(g), Act 279, Public Acts of Michigan, 1909, as amended JOAN McCOTTER City Clerk 3 The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the City's taxpayers and electors of this City's intent to issue the bonds, the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed 4 The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas Reg. § 1 150-2 pursuant to the Internal Revenue Code of 1986, as amended: (a) As of the date hereof, the City reasonably expects to reimburse the City or the PRDA for the expenditures described in (b) below with proceeds of debt to be incurred by the City (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof 30711 (c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $7,500,000 (d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of(i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution. (e) The expenditures described in (b) above are "capital expenditures" as defined in Treas Reg. § 1 150- 1 (b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas Reg § 1 150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid) (f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas Reg § 1 150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas Reg § 1 148- 1) within one year of the reimbursement allocation described in (d) above (g) Expenditures for the Project to be reimbursed for the proceeds of the borrowing for purposes of this resolution do not include costs for the issuance of the debt or an amount not in excess of the lesser of$100,000 or five percent of the proceeds of the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue price of the borrowing, within the meaning of Treas. Reg § 1 150-2(f) (such preliminary expenditures include architectural, engineering, surveying, soil testing and similar costs incurred prior to construction of the Project, which items can be reimbursed from bond proceeds regardless of the adoption of this resolution, but do not include land acquisition, site preparation, and similar costs incident to commencement of construction, which must fall within the 30712 parameters of this resolution to be reimbursed from bond proceeds) 5 The Finance Director is authorized to notify the Department of Treasury of the City's intent to issue the bonds described in the preamble to this resolution, to pay the required filing fee and to request an order providing an exception for the bonds from prior approval by the Department of Treasury and to apply for any related waivers, or to request prior approval of the bonds if the exception from prior approval is not available 6 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. #70-98 WHEREAS, pursuant to Act 197, Public Acts of Michigan, 1975, as amended ("Act 197") the City Council of the City duly established the Plymouth Road Development Authority (the "Authority") which exercises its powers within the Downtown District designated by the City Council (the "District"), and WHEREAS, the City Council previously approved the Authority's Development Plan and Tax Increment Financing Plan (the "Original Plan"), for the Development Area described in the Original Plan on May 3, 1995, pursuant to Ordinance No 2284, and WHEREAS, in accordance with the provisions of Act 197, the Authority has prepared and submitted to the City Council for approval the amendments to the Development Plan and Tax Increment Financing Plan attached hereto as Exhibit A (the "Plan Amendments"), and WHEREAS, in accordance with the provisions of Act 197, the City has determined that there are less than 100 residents within the proposed Development Area, and there is no requirement to form a Development Area Citizen's Council, and WHEREAS, prior to approval of the Plan Amendments, it is necessary to conduct a public hearing in connection with the consideration of such proposed ordinance as required by Act 197 NOW, THEREFORE, BE IT RESOLVED 1 The City Council hereby acknowledges receipt of the Plan Amendments from the Authority and directs the Director of the Planning Department to submit the Plan Amendments to all local taxing jurisdictions within the Authority's District. 30713 2. There shall be a public hearing on Monday, the 23rd day of February, 1998, at 8 00 o'clock, p m., prevailing Eastern Time, in the Council auditorium to consider adoption by the City Council of an ordinance approving the Plan Amendments 3 The City Clerk shall cause notice of said public hearing to be published twice before the public hearing in the Livonia Observer, a newspaper of general circulation in the City, qualified under State law to publish legal notices. The first such notice shall be published not less than 20 days, nor more than 40 days, before the date set for the public hearing and shall be published as a display advertisement prominent in size The Clerk also shall cause the notice to be mailed by first class mail not less than 20 days, nor more than 40 days, prior to the hearing to all property taxpayers of record in the Authority's District as shown by the most recent tax roll of the City The Clerk also shall post, or cause the posting of, the notice in at least 20 conspicuous and public places in the District not less than 20 days, nor more than 40 days, before the hearing 4 The notice of the hearing shall be in substantially the following form: CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN NOTICE OF PUBLIC HEARING ON THE APPROVAL OF AMENDMENT TO DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF LIVONIA. PLEASE TAKE NOTICE that the City Council of the City of Livonia, Michigan, will hold a public hearing on Monday, the 23rd day of February, 1998, at 8 00 o'clock p m., Eastern Standard Time, in the Council auditorium in City Hall, located at 33000 Civic Center Drive, Livonia, Michigan, to consider the adoption of an ordinance approving an amendment to the Development Plan and Tax Increment Financing Plan for the Plymouth Road Development Authority pursuant to Act 197 of the Public Acts of Michigan of 1975, as amended. The boundaries of the development area which is the subject of the Plan is generally described as follows 30714 , — ii=+=i -w ..+Romi 1 __J___s- planin4r=i ---.. r'`_-=•101 Ica; ,11,:ay I . . •nr Waif , -"""Cfr INK• ii.i.M. := * J. • ,I tly iskria iir---t --7 No*, I WM 411.1"...at P, Ind Bit ,IWE ; ir"...=1, ..11101MI1111 1 MUM .—-- T- - -- ,-i_ ; . L Mid at r..,_7.1. . . Iji 1=II 1 i..1(64 NA ,_ . T --t--,r- , 41111111 ii.---.. ‘Ifittlittiiiii 1.0.0_,..........4. _1,1 7 ii, , _ 4 . __... ....-__...__ .11,1*Siiii* , e I E11:111177ItNif ---1 .. ,---R. ti,*(111111111 ,-• it.iiiica..t Ulla !RIMS ---i1 i • pin „:„...,, , 1 „ if.., , ,.....),._.:, I II iiii 14(>10- .1 ; ;11 .7- ,. 1 .1 ic>„,r,,p.,,,_ .„,,,,, iiii_.,1 I II I IL- trip: ' L......7, *Jim , 1 'ill is I '44 rank - 111111110 111111111_1100 1 rilirja Igki '"---M 7. r..... rommil "jilt I-INE11.01 i Ph 1 Np 1 - 1 I II 11 -c.....in ..--. 1 1 -1141ri tam. littitt 1 = 1 I lic I. I it s il ...,„,T. 11111111111 'cEntii...111:t!, .( _111_____t , _Li awls Lit JANE mit 11 li' s t, -I -,-H ,rAPH-____=17iiriAlS:Fil 1 1 gm 16wiogii me mr , .r.-, 1 are_wr,_„..wia, .....__ , it • ow air Mail Me 'MOWN,I 1' 1 ' r ' -' 4 - • iernit . f tc 1 4 I 1' 3 i - airepois..... ).1 ii, r i 11111=1 IL I " , litjk <A,ill IL r_...._..,..,...1 SI 1 1 t , . ft ,...____. pase•-ms rolii71 i 4 \11111 a I I ' iii {..6•11111111 lammil i..41 I ' m iris I it•. ! .L 1 _ ....i. reassamsto emu I 1 I immittims41 Jill ; 1111- IIIII ,04..a. a ..4000,2 -* t r-t . T iimel iinitglitiult 1' . 1 1 i _I 14151 i fl i i • ; i ' r - --- - - ..... !„,•• II ....... JP tin i ke .7), 5., - II i' I L 1 - -pitrir,,,,, ..- ,.,1-, ,,..f all , , . , , z ti . 111111111.111- ,Es '..[i., 1 41411 Wi'",_ S 0" i i Jail idamMei in..i.. , ,____ ,.....iirrirot r ....1 .... --7--- 1 M.............. t.......;,...k.m.•7 inn . ij- 1111,... IlliiIIIIP* H-j I/AT _,. . ., . Lit pill , . ' N ri , • . . .11 E I 1-I _ < a u 1.1a=111111111111 ! ' ' All.,-)r4-jAi -1 > t-L 1.1L ,-7-1 ‘\; II',k I ic:=r---1 -J 4) % I ... * Z i I irir111,16.4- .= . I'l N.. L... . _s, .r, ..kim. cf3r-i Li- E CL i" = r lima I . i - wail 1 ........ ..... ,r----dr-nr-i e., I , l ....... ---, i, ' . . ----1 hi hmit'a...Pr,r-11----1, ..... a in " -- 1 I 1:=114:- lijak:yi 1 i 1" ' - ,.. /TOIL ,--•••• .---CI ihris 1111 E3CCI 0 4 ' , 41400iii... 0 a. L , . 30715 Maps, plats, the Development Plan and the Tax Increment Financing Plan and the amendments are available for public inspection at the office of the City Planning Department, 3rd Floor, Livonia City Hall, during regular business hours All aspects of the Development Plan and Tax Increment Financing Plan will be open for discussion at the public hearing, and all interested persons shall have an opportunity to be heard. The City Council also shall receive and consider communications in writing with reference thereto The hearing shall provide the fullest opportunity for expression of opinion, for argument on the merits, and for introduction of documentary evidence pertinent to the Development Plan and Tax Increment Financing Plan. THIS NOTICE is given by order of the City Council of the City of Livonia, Michigan, in accordance with the requirements of Act 197 of 1975, as amended JOAN McCOTTER City Clerk 5 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 DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN AMENDMENT 1 The Section titled "ESTIMATE OF COST OF DEVELOPMENT, STATEMENT OF PROPOSED METHOD OF FINANCING THE DEVELOPMENT AND THE ABILITY OF THE PRDA TO ARRANGE THE FINANCING" pursuant to Section 17(2)(i) in the Development Plan Portion of the Plan is hereby deleted and amended to read as follows ESTIMATE OF COST OF DEVELOPMENT, STATEMENT OF PROPOSED METHOD OF FINANCING THE DEVELOPMENT AND THE ABILITY OF THE PRDA TO ARRANGE THE FINANCING. The total cost of the economic development programs and projects set forth in this Development Plan, the administrative costs associated with design of the development arid financing costs is estimated to not exceed in the aggregate $30,000,000 Pursuant to Act 197, the costs of development may be financed by donations received by the PRDA, proceeds of a tax imposed pursuant to Section 12 of Act 197, revenue bonds issued pursuant to Act 94 of 1933, as amended, general obligation bonds issued by the City and other revenues available for payment of 30716 debt service on such bonds, tax increment bonds issued by the PRDA pledging solely the tax increments and other revenues of the PRDA, proceeds of a special assessment district created as provided by law and from money obtained from other sources approved by the governing body Exhibit D indicates the sources of income available to the PRDA to pay the costs of the development and of the estimated amounts available to the PRDA to pay the costs of the development and the estimated amounts of each source for the next 30 years, based on taxable value and captured assessed value of real and personal property within the Development Area, assuming annual growth in the Development Area at a rate as set forth in Exhibit D The non-capital costs of regulatory changes, financial assistance, marketing and promotion, security enhancement and other programs may be financed solely from non-TIF revenues received by the PRDA. Capital projects may be financed from revenues received by the PRDA or from the proceeds of various types of bond issues either separately or in combination and either immediately or in phases, depending on the type of financing vehicle used. Below are described the various available methods of financing the PRDA may seek to use Limited Tax General Obligation Bonds of the City: Section 16(1) of the Act 197 permits the City to issue general obligation bonds supported by the estimated tax increment revenues Special Assessment/General Obligation Bonds of the City: The City may also issue special assessment bonds alone or in combination with general obligation bonds to finance all or part of the street and alley improvements, the sidewalks, lighting and the parking improvements The size of such bond issues would depend on and is limited by the projects included within such bond issues and the portion of each such project to be financed from special assessments and the portion, if any, to be financed from general funds Payment of such special assessment bonds would be from the proceeds of the special assessment rolls consisting of the lands specially benefited by the project. Payment of the general obligation bonds would be from general funds of the City derived from the proceeds of taxes levied upon all property within the City Michigan Transportation Fund Bonds. For purposes of paying the costs of major and local street improvements, including paving, widening and lighting, the City may also borrow an amount not to exceed an amount which 50% of the City's receipts from the Michigan Transportation Fund for the State fiscal year immediately preceding such a bond issue would support in annual debt service, or such other percentage as permitted by law 2 The Section titled "MAXIMUM INDEBTEDNESS AND DURATION OF PLAN" in the Tax Increment Financing Portion of the Plan is hereby amended to read as follows 30717 The maximum amount of bonded indebtedness to be incurred under this Plan is $30,000,000 The Plan shall terminate at the i. end of the PRDA's fiscal year on November 30, 2027 i"` 3 Exhibit D to the Plan is hereby deleted and replaced with the schedule attached hereto PLYMOUTH ROAD DEVELOPMENT AUTHORITY CITY OF LIVONIA, MICHIGAN 8CHEDULLOF ESTIMATED TA INCREMENT REVENUES - 1997 TO 2028 IN L000'61 LIVONIA WAYNE 8'CRAFT BASEVEAR CAPTURED CITY COUNTY COLLEGE HCMA TOTAL TAX ASSESSED TAXABLE TAXABLE LEVY LEVY LEVY LEVY TIF YEAR VALUE(1994) VALUE(1I VALUE 10.0088 8, LEI g,11 REVENUE 1UE 1994 8587,207 1997 567,207 $623,002 $55,795 $581,772 8461,425 $103,779 $12,833 31139,808 1998 567,207 829,232 82,025 624,498 512,947 118,387 14,266 1,267,078 1999 567,207 836,524 88,317 687,853 564,984 127,070 15,713 1,395,821 2000 567,207 641,880 74,873 751,841 617,542 138,891 17,175 1,525.449 2001 567,207 648,296 81,091 818,489 670,626 160,830 18,651 1,658,575 2002 587,207 854,781 87,574 881,742 724,240 182,888 20,142 1,789,013 2003 567,207 661,329 94,122 947,669 778,390 175,067 21,848 1,922.776 2004 567,207 667,942 100,735 1,014,256 633,082 187,368 23,189 2,057,875 2006 567,207 674,822 107,415 1,081,507 888,321 199,792 24,705 2,194,325 2008 567,207 681,368 114,161 1.149,431 944,112 212,340 26,257 2,332,140 2007 587,207 688,182 120,975 1,218,035 1,000,482 225,013 27,824 2,471,334 2008 567,207 695.064 127.867 1,287,324 1,057,374 237,813 29,407 2,611,919 2009 567,207 702,014 134,807 1,357,307 1,114,856 250,741 31,006 2,753,910 2010 567.207 709,034 141,827 1,427,989 1,172,913 263,799 32,820 2,897,321 2011 567,207 716,125 148,918 1,499,378 1231,550 278,987 34,251 3,042,168 2012 567,207 723,288 158,079 1,571,481 1,290,773 290,307 35,898 3,188,459 2013 567,207 730,519 163,312 1644,305 1,350,589 303,780 37,562 3,338,216 2014 567,207 737,824 170,617 1,717,858 1411,003 317,348 39,242 3,485,450 2015 567,207 745,202 177,995 1 792,145 1,472,021 331,071 40,939 3 638,176 2016 567,207 752,854 185,447 1,867,178 1,533,649 344,932 42,653 3.788,410 20t7 587,207 760,181 192,974 1,942,957 1595,894 358,931 44,384 3.942,166 2018 567,207 767,783 200,576 2.019,496 1,658,761 373,071 48,132 4,097,480 2019 567,207 775,460 208,253 2,096,800 i 722,256 387,351 47,898 4,254,308 2020 567,207 793,215 216,008 2,174.877 1,788,387 401,775 49,682 4 412,721 2021 587,207 791,047 223,840 2,253,735 1,851,169 416,343 51,483 4,572,720 2022 667,207 798,958 231,751 2,333,382 1,916,578 431,058 53.303 4.734,319 2023 567,207 808,947 239 740 2,413,825 1,982,652 445,917 55,140 4,897.554 2024 567,207 815,017 247,810 2,495,072 2,049,387 460,926 56,996 5 062,381 2025 687,207 823,167 255,960 2,577,132 2.116,788 476,085 58,871 5,228,877 1 2026 567,207 831,399 264 192 2,680,013 2,184,864 491,396 60,784 5,397.038 (1) - Assumes 1 0%annual growth in taxable values. 30718 #71-98 WHEREAS, there exists in and for the City an imperative need to acquire, construct, furnish and equip a fire station, as well as site improvements and all appurtenances and attachments therefor (the "Fire Station Project"), and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire and construct the Fire Station Project for the use of the City; and WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Fire Station Project; and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire and construct the Fire Station Project; and WHEREAS, this City Council determines it to be in the best interest of the City to acquire, construct and finance the Fire Station Project through the Authority in accordance with the provisions of said Act 31, as amended, and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction and financing of the Fire Station Project and such matters as are deemed necessary thereto is in the process of being prepared; and WHEREAS, this City Council is desirous of publishing a Notice of Intention of Entering into Contract of Lease so as to begin the statutory referendum period; and WHEREAS, the City intends, at this time to state its intentions to be reimbursed from proceeds of the bonds to be issued by the Authority for any expenditures undertaken by the City for the Fire Station Project prior to issuance of the bonds, and WHEREAS, prior to issuance of the bonds by the Authority, the Authority and the City must either receive prior approval of such obligation from the Michigan Department of Treasury or receive an order of exception from prior approval NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire and construct the Fire Station Project for the use of the City 30719 2 This City Council deems it to be in the best interest of the City to finance part of the cost of acquiring and constructing the Fire Station Project through the Authority in accordance with the provisions of the aforesaid Act 31, as amended, in the amount of One Million Seven Hundred Thousand Dollars ($1,700,000) with the remaining portion of the cost of the Fire Station Project being defrayed from City funds on hand and legally available for such use 3 The Notice of Intention of Entering into Contract of Lease as hereto attached shall be published in the Livonia Observer, a newspaper of general circulation in the City, promptly upon adoption of this resolution, said Notice to appear as a display advertisement at least one-quarter (1/4) page in size. 4 The City Council does hereby determine that the designated newspaper is the newspaper circulating in the City which reaches the largest number of persons to whom the aforesaid Notice is directed and that publication of the aforesaid Notice in the designated newspaper represents the most practical and feasible means of informing the taxpayers and electors of the City of the Fire Station Project and the financing thereof A copy of the Contract shall be placed on file in the office of the City Clerk and shall be available for public examination no later than 30 days from the date of publication of said Notice of Intent. 5 The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas Reg § 1 150-2 pursuant to the Internal Revenue Code of 1986, as amended. (a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the Authority (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Fire Station Project which were or will be paid subsequent to sixty (60) days prior to the date hereof (c) The maximum principal amount of debt expected to be issued for the Fire Station Project, including issuance costs, is $1,700,000 (d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the 30720 Fire Station Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Fire Station Project to reimburse the City for a capital expenditure made pursuant to this resolution (e) The expenditures described in (b) above are "capital expenditures" as defined in Treas Reg. § 1 150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg § 1 150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid) (f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas Reg § 1 150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the jaw borrowing in a manner that results in the creation of replacement proceeds (within Treas Reg § 1 148- 1) within one year of the reimbursement allocation described in (d) above (g) Expenditures for the Fire Station Project to be reimbursed for the proceeds of the borrowing for purposes of this resolution do not include costs for the issuance of the debt or an amount not in excess of the lesser of$100,000 or five percent of the proceeds of the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue price of the borrowing, within the meaning of Treas Reg. § 1 150-2(f) (such preliminary expenditures include architectural, engineering, surveying, soil testing and similar costs incurred prior to construction of the Fire Station Project, which items can be reimbursed from bond proceeds regardless of the adoption of this resolution, but do not include land acquisition, site preparation, and similar costs incident to commencement of construction, which must fall within the parameters of this resolution to be reimbursed from bond proceeds) 6 The Finance Director is authorized to notify the Department of Treasury of the City's intent to pledge its limited tax full faith and credit to the bonds described in the preamble to this resolution, to pay the required filing fee and to request an order providing an 30721 exception for the bonds from prior approval by the Department of Treasury and to apply for any related waivers, or to request prior approval of the bonds if the exception from prior approval is not available 7 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded. NOTICE OF INTENTION OF ENTERING INTO LIMITED TAX-SUPPORTED CONTRACT OF LEASE AND OF RIGHT TO PETITION FOR REFERENDUM THEREON TO THE TAXPAYERS AND ELECTORS OF THE CITY OF LIVONIA, MICHIGAN PLEASE TAKE NOTICE that the City of Livonia intends to approve and execute a Contract of Lease with the Municipal Building Authority of Livonia pursuant to Act No 31, Public Acts of Michigan, 1948 (First Extra Session), as amended. Such Contract will provide, among other things, that said Building Authority will acquire, construct, furnish and equip a new fire station together with necessary site improvements and all appurtenances and attachments thereto (together the "Fire Station Project"), and WILL ISSUE ITS BONDS TO FINANCE PART OF THE ESTIMATED COST OF ACQUIRING AND CONSTRUCTING THE SAME FOR SAID CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,700,000 Said bonds will mature serially in not to exceed 20 annual installments, and will bear interest not exceeding 7% per annum on the outstanding principal balance or such higher rate as may be authorized by law The Contract will further provide that the City will lease said Fire Station Project from said Building Authority and WILL PAY AS RENTAL TO SAID BUILDING AUTHORITY ALL SUMS NECESSARY TO RETIRE THE PRINCIPAL OF AND INTEREST ON SAID BONDS, TOGETHER WITH ALL COSTS OF OPERATING AND MAINTAINING SAID FIRE STATION PROJECT AND ALL COSTS of said Building Authority in connection therewith, regardless of whether the Fire Station Project is tenantable The principal amount to be borrowed by the Building Authority will be indebtedness of the City for purposes of statutory, charter and constitutional debt limitations, and said principal amount, together with the City's rental obligation for payment thereof, may be increased to cover increased costs of the Fire Station Project. CITY CONTRACT OBLIGATION BY VIRTUE OF SAID PROPOSED CONTRACT AND ACT, THE CITY'S REQUIRED PAYMENTS UNDER THE CONTRACT TO THE BUILDING AUTHORITY WILL BE LIMITED TAX FULL FAITH AND CREDIT GENERAL OBLIGATIONS OF THE CITY PAYABLE FROM ANY AVAILABLE FUNDS OF THE CITY, AND THE CITY WILL 30722 BE REQUIRED TO LEVY AD VALOREM TAXES ON ALL TAXABLE PROPERTY WITHIN ITS BOUNDARIES, TO THE EXTENT NECESSARY TO MAKE THE PAYMENTS REQUIRED TO RETIRE THE BONDS AND INTEREST THEREON, IF OTHER FUNDS FOR THAT PURPOSE ARE NOT AVAILABLE, AND AS LIMITED BY LAW THE OBLIGATION TO LEVY TAXES IS LIMITED BY APPLICABLE CONSTITUTIONAL, CHARTER AND STATUTORY TAX RATE LIMITATIONS SAID PROPOSED CONTRACT SHALL BECOME EFFECTIVE WITHOUT VOTE OF THE ELECTORS OF THE CITY, AS PERMITTED BY LAW, UPON THE EXPIRATION OF 60 DAYS FOLLOWING THE DATE OF PUBLICATION OF THIS NOTICE, UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF WHETHER SUCH CONTRACT SHOULD BE EFFECTIVE, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN 45 DAYS FROM THE DATE OF SUCH PUBLICATION If such petition is so filed, the Contract shall not be effective without an approving vote by a majority of electors of the City voting on the question. This Notice is given pursuant to the requirements of Section 8(b) of the aforesaid Act 31, as amended Further information concerning the details of said Contract, the Fire Station Project being financed and the matters set out in this Notice may be secured from the City Clerk's office A copy of the Contract will be on file in the office of the City Clerk for public inspection within 30 days from the date hereof JOAN McCOTTER City Clerk #72-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 26, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Five Mile and Middlebelt Alley Paving which is located in the Northwest 1/4 of Section 24, the Council does hereby determine that based upon actual costs that certain deficiencies do exist, and pursuant to provisions set forth in Section 3 08.270 of the Livonia Code of Ordinances, as amended, that Special Assessment District No 377 shall be revised and amended in accordance with the revised assessment role attached to the aforesaid communication so as to revise the original assessment rate of$55 20 per foot to a new assessment rate of$55.46 per foot, which rate will reflect actual costs incurred for this project, and so as to revise the total assessment from $41,896 80 to $42,094 14, FURTHER, the Council does hereby establish the final project cost at $69,514 41, of which $42,094 14 shall be charged to the special assessment district and $27,420 27 shall be the City's share which shall be expended from the General Obligation Road Improvement Bond Issue; FURTHER, the Council does hereby authorize an expenditure in the amount of$69,514 41 from the General Obligation Road Improvement 30723 Bond Issue with the provision that the Bond Issue shall be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue fire #73-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1998, 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 an additional payment in the amount of$4,321 80 to R. S Contracting, Inc., 16737 Thirteen Mile Road, Fraser, Michigan 48026, which sum includes the full and complete amount to cover the additional cost for the 1997 Lane Line Marking Program (Contract 97-H), which work was authorized to be performed in Council Resolution 451-97, adopted on May 28, 1997, and which sum includes additional lane line marking; and the Council does hereby appropriate and authorize the expenditure of the additional sum of$4,321 80 from the Michigan Transportation Fund (Major Road Account) to pay for the extra costs associated with the work. #74-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 15, 1997, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council Resolution 443-97 regarding the proposed special assessment street improvement project for Harrison Road between West Chicago and Plymouth Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #75-98 RESOLVED, that having considered a communication from Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of ESA Development, dated January 20, 1998, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 13, 1998, by the City Planning Commission in its resolution 1-07-98 with regard to Petition 96-9-2-27 submitted by Professional Engineering Consultants requesting waiver use approval to construct a motel facility on property located on the east side of Middlebelt Road between Plymouth Road and the CSX Railroad in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby designate Monday, March 2, 1998, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. 30724 A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson NAYS None A communication from the Department of Finance, dated December 29, 1997, re: administrative response to CR 516-97 - General Licensing Fee Schedule - was received and placed on file for the information of the Council Brosnan took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was. #76-98 RESOLVED, that having considered a communication from the Department of Law, dated January 6, 1998, submitted pursuant to Council Resolution 743-97, transmitting for Council acceptance a Warranty Deed dated executed by signatories of the Holy Transfiguration Greek Orthodox Church, conveying to the City certain property described as follows: The North 60 feet of the following described parcel The North 658 feet of the East 140 feet of the West 1/2 of the West 1/2 of the East 1/2 of the Northeast 1/4 of Section 8, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan (Tax Parcel No 029- 99-0022-000) Seven Mile Road Right-of-Way; and 30725 The North 60 feet of the following described parcel The North 968 feet of the East 1/2 of the West 1/2 of the East 1/2 of the Northeast 1/4 of Section 8, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, except for the East 60 feet and for that part herein described as beginning at a point South 89°44'10" West, 719 50 feet (along the North line of Section 8) and South 00°16'30" East, 608 00 feet from the Northeast corner of Section 8; thence proceeding South 00°16'30" East, 360 00 feet; thence South 89°44'10" West, 148 08 feet; thence North 00°16'30" West, 261.27 feet; thence North 56°02'24", 177 96 feet to the point of beginning, Section 8, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan (Tax Parcel No 029-99-0021-000) Seven Mile Road Right-of-Way the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution; and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was: #77-98 RESOLVED, that having considered a communication from the Department of Law, dated January 2, 1998, submitted pursuant to Council Resolution 1009-97, transmitting for Council acceptance a Warranty Deed dated executed by Joseph A. and Catherine Schumont, conveying to the City certain property described as follows The North 60 feet of the following parcel of land. That part of the Northeast 1/4 of Section 8, Town 1 South, Range 9 East, described as beginning at the North 1/4 corner of said Section and proceeding thence North 89 degrees 44 minutes 10 seconds East along the North line of Section 8, 491 82 feet; thence South 0 degrees 06 minutes 08 seconds East 224 feet; thence South 88 degrees 11 minutes 56 seconds East 166.52 feet; thence North 0 degrees 06 minutes 08 seconds West 230 feet; thence South 89 degrees 44 minutes 10 seconds West 166 43 feet to the point of beginning Portion of Wayne County Bureau of Taxation Property Number 029-99-0028-000 (36435 Seven Mile Road) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to 30726 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, and FURTHER, that the Mayor and City Clerk are authorized to execute a Quit Claim Deed conveying the above-described property to the County of Wayne in a form to be approved by the Department of Law A communication from the Engineering Division, dated January 19, 1998, re. a revision of their January 6, 1998 letter pertaining to the release of General Improvement, Sidewalk and Soil Erosion Bonds for the Oakcrest Villas Subdivision, located in the Southeast 1/4 of Section 11, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was: #78-98 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 1998, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Gerish Building Company, 9450 S Main, Suite 105, Plymouth, Michigan 48170-4144, the proprietor of the Oakcrest Villas Subdivision, located in the Southeast 1/4 of Section 11, of the financial assurances previously deposited pursuant to Council Resolution 140-95 adopted on March 8, 1995, and subsequently amended by Council Resolution 888-95 adopted on December 20, 1995, specifically a) General Improvement Bond $10,500 00 ($5,000 00 minimum cash), b) Sidewalk Bond $14,900 00 ($2,000 00 minimum cash), c) Grading and Soil Erosion Bond $ 2,000 00 (cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was #79-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 20, 1998, 30727 submitted pursuant to Council Resolution 1020-97, with respect to the matters addressed in the Resolution of Understanding contained in Council Resolution 957-97 pertaining to the RUF properties located at 31405 Seven Mile Road (George's Livonia Gardens), 36500 Seven Mile Road (Glenda's Market), and 20315 Merriman Road (Valley Nursery), the Council does hereby repeal and rescind Council Resolution 957-97 On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was- #80-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 20, 1998, submitted pursuant to Council Resolution 1020-97, with respect to the matters addressed in the Resolution of Understanding contained in Council Resolution 957-97 pertaining to the RUF properties located at 31405 Seven Mile Road (George's Livonia Gardens), 36500 Seven Mile Road (Glenda's Market), and 20315 Merriman Road (Valley Nursery), the Council does hereby refer this matter to the Department of Law to prepare an appropriate ordinance amendment to Article XVIII of the Zoning Ordinance to provide an umbrella to allow nonconforming uses of property for existing business for submission to Council and to the Planning Commission for a public hearing. The President relinquished the Chair to the Vice President at 8 34 p m to address the following matter On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was #81-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 20, 1998, submitted pursuant to Council Resolution 1020-97, with respect to the matters addressed in the Resolution of Understanding contained in Council Resolution 957-97 pertaining to the RUF properties located at 31405 Seven Mile Road (George's Livonia Gardens), 36500 Seven Mile Road (Glenda's Market), and 20315 Merriman Road (Valley Nursery), the Council does hereby determine to take no further action with respect to this matter The President resumed the Chair at 8 38 p m Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED 30728 AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 97-9-1-14) 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 Duggan left the podium at 8.39 p m due to a conflict of interest on this matter Brosnan invoked the Emergency Clause and gave second reading to the foregoing Ordinance. The Chair indicated that a valid protest existed on this petition, which would require a three-fourths vote of the Council to approve the proposed change of zoning. A roll call vote was then taken thereon with the following result: AYES' Laura, Brosnan, Walsh, Vendersloot, Pastor, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Duggan returned to the podium at 8.40 p m. On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was: #82-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 20, 1998, submitted pursuant to Council Resolution 821-97, regarding the development and implementation of a City "Home Page" on the Internet to increase public access to Livonia government and services, and the report and recommendation of the Information Systems Manager and the Director of Finance, dated December 9, 1997, approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Municipal Web Services, 369 Kimberley, Suite 200, Birmingham, Michigan 48009, for the initial development of the web site in the amount of$6,200 00 as well as site analysis and marketing in the amount of $1,320.00 per year and services performed in connection with hosting the site in the amount of$1,500 00 per year; and the Mayor and City Clerk 30729 are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize a budget adjustment to the 1996-97 budget transferring $9,020 00 from Account Number 101-915-982-000 to Account Number 401-000-986-000 for this purpose A communication from the Department of Law, dated January 27, 1998, re• a proposed contract for the creation of a City Web Site was received and placed on file for the information of the Council (CR 821-97, 925-97, 926-97, & 927-97) A communication from the Division of Police, dated January 26, 1998, re additional information with respect to the request for public vehicle licenses made by Thomas A. Dempster (Northwest Transport, Inc.) and Jesse Clark (ABC Cab) was received and placed on file for the information of the Council On a motion by Duggan, seconded by Brosnan, it was #83-98 RESOLVED, that having considered a letter from Thomas A. Dempster, Northwest Transport, Inc., 31300 Industrial, Livonia, Michigan 48150, dated January 6, 1998, requesting an appeal of the denial of his application for a public vehicle license, and a communication from the Chief of Police, dated January 14, 1998, approved for submission by the Mayor, having considered comments and evidence provided by the applicant and the Police Department, the Council does hereby approve the applicant's request for a public vehicle license A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson. NAYS Laura. The President declared the resolution adopted On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was. #84-98 RESOLVED, that having considered a letter from Jesse Clarke, ABC Cab, 36977 Amrhein, Livonia, Michigan 48150, dated December 17, 1997, requesting an appeal of the denial of his application for a public vehicle license, and a communication from the Chief of Police, 30730 dated January 14, 1998, approved for submission by the Mayor, having considered comments and evidence provided by the applicant and the Police Department, the Council does hereby deny the applicant's request for a public vehicle license based upon the driving record of Mr Clarke and the finding of the Council that, pursuant to Section 5.84 080 of the Livonia Code of Ordinances, the applicant does not possess the requisite moral character for issuance of such license. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was: #85-98 RESOLVED, that having considered a letter from Thomas A. Dempster, Northwest Transport, Inc., 31300 Industrial, Livonia, Michigan 48150, dated January 6, 1998, requesting an appeal of the denial of his application for a public vehicle license, and a communication from the Chief of Police, dated January 14, 1998, approved for submission by the Mayor, the Council does hereby refer the subject of exemptions and/or other licenses, grounds for denial of the public vehicle license and additional departmental rules for the Police Department in connection with applications for such public vehicle licenses to the Department of Law for its report and recommendation. A communication from the Division of Police, dated January 26, 1998, re. additional information with respect to the request for public vehicle licenses made by Thomas A. Dempster (Northwest Transport, Inc.) and Jesse Clark (ABC Cab) was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was: #86-98 RESOLVED, that having considered a communication from Alexandra Sakellaris, Bobby's Country House/Alexsandra's Opa Restaurant, 35780 W Five Mile, Livonia, Michigan 48154, dated January 2, 1998, requesting approval to place one wall sign and two driveway identification signs on the City-owned property located at Idyl Wyld Golf Course to identify the banquet and restaurant facility, the Council does hereby approve this request in the manner and form herein submitted, subject to the lighted sign being turned off one hour after closing, or at midnight, whichever comes first. L 30731 A communication from the Public Service Division, dated January 27, 1998, re additional information on the request to purchase five (5) replacement vehicles from Buff Whelan Chevrolet was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Pastor, it was. #87-98 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated December 17, 1997, 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 five (5) 1998 Chevrolet Malibu 4-door sedans from Buff Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, for a total cost of$71,526 90, including delivery, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance (Vehicles) Account No 101-446-985- 000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 07168000283), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of five (5) surplus City-owned vehicles at public auction after receipt of the new vehicles A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson NAYS Laura. The President declared the resolution adopted On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #88-98 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 30, 1997, and a report and recommendation from the Chief of Police, dated December 23, 1997, approved for submission by the Mayor, the Council does hereby approve tio of the request from Wine For Less, Inc. for transfer of ownership of a 1996 SDM licensed business from Dallo's Brothers, Inc. for a business located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County; and 30732 the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A communication from the Inspection Department, dated January 23, 1998, re status report on the condition of the property located at 9479 Newburgh Road (Wine For Less, Inc.) was received and placed on file for the information of the Council A communication from the Department of Management Information Systems, dated January 23, 1998, re additional information relative to the AS/400 computer upgrade was received and placed on file for the information of the Council On a motion by Walsh, seconded by Laura, it was #89-98 RESOLVED, that having considered the report and recommendation of the Information Systems Manager and the Director of Finance, dated January 12, 1998, approved for submission by the Mayor, the Council does hereby accept the bid of REAL Applications, Ltd., 3501 Shakespeare Drive, Troy, Michigan 48084, for completing all work required in connection with the upgrade of the existing IBM AS/400 F35 computer to an IBM AS/400 600-2175 computer for the total cost of $69,775 00, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, and the bid of Advantage Systems Inc. is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize an expenditure in the amount of $29,000 00 to New World Systems, 888 West Big Beaver Road, Troy, Michigan 48084, for the upgrade of the existing application software in connection with the upgrade of the AS/400 computer; and the Information Systems Manager is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with REAL Applications, Ltd 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 Laura, Walsh, Pastor, and Engebretson NAYS Brosnan, Vandersloot and Duggan. The President declared the resolution adopted On a motion by Brosnan, seconded by Vandersloot, it was 30733 #90-98 RESOLVED, that having considered a communication from the Department of Law, dated January 12, 1998, approved for submission by the Mayor, to which is attached a communication from legal counsel for Bayloff Die & Machine Co , dated January 9, 1998, the Council does hereby amend and revise Council Resolution 201-97 so as to have the same read as follows RESOLVED, that having considered a letter from Bayloff Die & Machine Co , 34481 Industrial Road, dated January 30, 1997, wherein it is indicated that Bayloff Die & Machine Co intends to transfer facilities from 34481 Industrial Road and 35101 Schoolcraft, Livonia, Michigan, to Van Buren Township, Michigan, and which further indicates that Bayloff Die & Machine Co desires to obtain a 1974 P A. 198 exemption for the Van Buren Township facility, and has requested the Michigan Strategic Fund to issue revenue bonds in an amount not to exceed $5 million to assist it in the acquisition, construction and equipping of its manufacturing facility in Van Buren Township, pursuant to 1984 PA 270, the Council does hereby consent to the transfer of employment, pursuant to both Act 270 and Act 198, as herein 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 Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson. NAYS Laura. The President declared the resolution adopted. On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #91-98 RESOLVED, that having considered a communication from the City Planning Commission, dated November 6, 1997, which sets forth its resolution 10-176-97, adopted on October 28, 1997, with regard to Petition 97-9-1-15, submitted by Butterfly Center, for a change of zoning of property located on the south side of Five Mile between Cavell and Santa Anita in the Northeast 1/4 of Section 4, from R-1A to OS, and the Council having conducted a public hearing with regard to this matter on January 12, 1998, pursuant to Council Resolution 953-97, the Council does hereby concur in the recommendation of the Planning Commission and Petition 97-9-1-15 is hereby denied for the following reasons. 30734 1 That the proposed change of zoning would tend to encourage future requests for non-residential zoning changes along Five Mile Road immediately west of the subject area, 2 That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of low density residential for the subject area, 3 That existing commercial and office zoning along Five Mile Road between Inkster Road and Harrison Avenue adequately provides for office uses to service this area, and 4 That the proposed change of zoning is incompatible to and not in harmony with the surrounding residential uses in the area. On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #92-98 RESOLVED, that having considered a communication from the City Planning Commission, dated November 6, 1997, which sets forth its resolution 10-177-97, adopted on October 28, 1997, with regard to Petition 97-9-1-16, submitted by Teamsters Local Union #243, for a change of zoning of property located on the north side of Five Mile between Foch and Greenlane in the Southeast 1/4 of Section 13, from R- 1 to OS and P, and the Council having conducted a public hearing with regard to this matter on January 12, 1998, pursuant to Council Resolution 953-97, the Council does hereby concur in the recommendation of the Planning Commission and Petition 97-9-1-16 is hereby denied for the following reasons. 1 That the proposed change of zoning represents a deep encroachment of a non-residential zoning district into a low density residential area, 2 That the proposed change of zoning is incompatible to and not in harmony with adjacent residential uses and zoning districts in the area, and 3 That existing commercial and office zoning along Five Mile Road between Inkster Road and Harrison Avenue adequately provides for-office uses to serve this area. 30735 A communication from Teamsters Local Union No 243, dated January 7, 1998, re indicating the withdrawal of rezoning Petition 97-9-1-16 was received and placed on file for the information of the Council A communication from the Engineering Division, dated January 16, 1998, re. examples of residential streets with concrete curbs and gutters and asphalt pavement was received and placed on file for the information of the Council Brosnan left the podium at 9.08 p m. due to a conflict of interest on this matter On a motion by Duggan, seconded by Pastor, it was #93-98 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated September 25, 1997, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 12, 1998, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of removing the existing asphalt curb sections, installing two foot (2') wide concrete curbs and gutters and resurfacing the center of the pavement with 1-1/2" of asphalt (Modified Alternate III), OR consisting of removing the existing asphalt curb sections, installing two foot (2') wide concrete curbs and gutters with a 2" asphalt surface and resurfacing the center of the pavement with 1-1/2" of asphalt (Modified Alternate III), OR consisting of removing the existing asphalt curb sections, installing two foot (2') wide asphalt curbs and gutters and resurfacing the pavement with 1-1/2" of asphalt (Modified Alternate III), thus retaining the current total width of 19-1/2 feet on Hubbard Road, Cranston, Blackburn, Ingram, Berwick, Auburndale, Melrose and Arden Avenues between Plymouth Road and West Chicago, as well as Elmira and Orangelawn Avenues between Hubbard and Merriman Roads, in the Old Rosedale Gardens Subdivision in the Northeast 1/4 of Section 34, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the 30736 property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated September 25, 1997, (4) determine that the estimated cost of such improvement is $1,250,230 00, $1,300,658 32, or $1,098,759.28 respectively; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($180,634 50, $188,198 75, or$157,913.89) and 100% of drainage ($46,000 00) and that the balance of said cost and expense of said public improvement amounting to 85% ($1,023,595 50, $1,066,459 57 or $894,845 39) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be atm paid in fifteen (15) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A Special Assessment District in the N E 1/4 of Section 34, T 1 5 , R. 9 E., City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 30737 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code (11) and the Council does hereby request that the Livonia Board of Education agree to voluntarily assume their share in the cost of this project. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, and Engebretson. NAYS Laura. The President declared the resolution adopted. Brosnan returned to the podium at 9.40 p m The following individuals from the audience addressed this matter 1) Alan Wakenhut, 11300 Cranston -would like this held off until we do a City-wide study re• assessments for pavings. He also disagrees with the concrete curbs. 2) Craig Duncan, 11305 Blackburn - opposed to the paving; believes re-doing the asphalt would serve another 25 years 3) Jill Myslinski, 10004 Ingram - against the re-paving, not all streets need improvement. It's an undue burden on some of the residents On a motion by Brosnan, seconded by Duggan, it was. #94-98 RESOLVED, that having considered a communication from the City Planning Commission, dated November 19, 1997, which sets forth its resolution 10-180-97 adopted on October 28, 1997, with regard to Petition 97-9-2-26 submitted by Kmart Corporation requesting waiver use approval for an SDM license for an existing store on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 21, 1998, pursuant to Council Resolution 999-97, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 97-9-2-26 is hereby denied, for the following reasons: 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general 30738 waiver use standards and requirements as set forth in Section 11 03 and 19 06 of Zoning Ordinance #543, 2. That the proposed use fails to comply with the Zoning Ordinance standard set forth in Section 11 03(r)(1) with respect to the requirement that there be at least a 500 foot separation between SDM-licensed establishments, and 3 That there is no demonstrated need for additional SDM-licensed facilities in this area of the City Linda K. Ford, 35463 Heritage Lane, Farmington, attorney representing Kmart - spoke to their desire for an SDM license Also present was the store manager, Lou Upton. A roll call vote was then taken on the foregoing resolution with the following result: AYES Laura, Brosnan, Vandersloot, Duggan, and Engebretson. NAYS Walsh and Pastor The President declared the resolution adopted. A communication from Awrey's Bakeries, Inc., dated January 23, 1998, re additional information regarding recent employment trends at Awrey's was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was. #95-98 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc., dated November 12, 1997, (as revised on January 14, 1998) covering new industrial facilities to be located within City of Livonia Industrial Development District No 5, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Awrey Bakeries, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in REVISED PAGE-SEE CR 196-98 30739 fact been conducted at 7 00 p m., on Wednesday, January 21, 1998, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Awrey Bakeries, Inc., finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 5 for 10 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #96-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 26, 1998, and a communication from the Department of Law, dated January 21, 1998, approved for submission by the Mayor, with respect to the subject of a determination of whether or not to opt out of the Wayne County Transit Authority, the Council does hereby determine to take no further action with respect to this matter REVISED PAGE-SEE CR #97-98 & #98-98 30740 Written communications and telephone calls from various individuals/ organizations logged in by the Council Office re consideration of renewal of SMART bus tax were received and placed on file for the information of the Council The following individuals addressed this matter. 1) Mike Duggan, Assistant Wayne County Executive, 38980 Ann Arbor Trail - spoke to the services offered by SMART 2) Robert Snyder, 16774 Ronnie Lane -feels we should opt out and use the money for a Livonia transportation system. 3) Mike Polsinelli, on behalf of the PRDA and as a representative of Wonderland Mall - commended everyone for the work put into this issue over the past couple of days; and 4) Jeanne Hildebrandt, General Manager of Livonia Mall - thanked the Council, the Mayor, and the people from SMART On one given day, 189 of her employees rode the bus to get to work. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was: #97-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 26, 1998, and a communication from the Department of Law, dated January 21, 1998, approved for submission by the Mayor, with respect to the subject of a determination of whether or not to opt out of the Wayne County Transit Authority, the Council does hereby refer to the Finance, Insurance and Budget Committee for its report and recommendation the subject of a local transportation system for Livonia. On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was. #98-98 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 26, 1998, and a communication from the Department of Law, dated January 21, 1998, approved for submission by the Mayor, with respect to the subject of a determination of whether or not to opt out of the Wayne County Transit Authority, the Council does hereby refer to the Mayor for his report and recommendation the subject of a local transportation system for Livonia and local transportation needs 30741 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #99-98 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 19, 1998, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the gift of one (1) electric transformer and a power supply outlet for diamond #2 at Ford Field (approximate value of $12,500.00) and five (5) chairs (approximate value of$615 00) from the Livonia Anniversary Committee for use in connection with the Department of Parks and Recreation programs. There was no audience communication at the end of the meeting. The Council President thanked the City Channel 8 volunteers for their assistance with respect to televising the Council meetings. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,361 st Regular Meeting of the Council of the City of Livonia was adjourned at 1022 p m , January 28, 1998 -171/1 Joar' McCotter, City Clerk