HomeMy WebLinkAboutCOUNCIL MINTUES 1995-02-08 28664
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 8, 1995, 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 Kavanagh delivered the
invocation
Roll was called with the following result Sean P Kavanagh,
Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and
Gerald Taylor Absent None * (*A vacancy currently exists on the
Council )
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director
of Legislative Affairs; Lee Morrow, Planning Commission; and Daniel
Piercecchi, Planning Commission
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#78-95 RESOLVED, that the minutes of the 1,289th Regular
Meeting of the Council of the City of Livonia, held January 30,
1995, are hereby approved as submitted
No one from the audience wished to speak at this time
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#79-95 RESOLVED, that having considered a letter from James L
Bourdganis, Vice President of the Cane Woods Homeowners
Association, requesting that the City consider installing a
sidewalk on the north side of Seven Mile Road, east of Gary Lane
and west of Fairlane Court, the Council does hereby refer this
item to the Engineering Department for its report and
recommendation
At the direction of the Chair, Items 1 and 2 were removed from
the Consent portion of the Agenda
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On a motion by Feenstra, seconded by Jurcisin, it was
#80-95 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated January 23, 1995,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby authorize the purchase of
three CheckOutPlus Twinax cash registers from CheckOutPlus,
Incorporated, 221 Broadway, Amityville, New York 11701, for the
price of $15, 935 00, which includes a two-year maintenance
contract, hand-held laser scanners and credit card reader, the
same to be appropriated and expended from Account No
401-000-986-000 for this purpose; FURTHER, the Council does
hereby authorize the said purchase without competitive bidding
for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with the provisions set forth
in Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
#81-95 RESOLVED, that having considered a report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated January 23, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, the Council does hereby accept the unit bid price
of Westland Tree Service, 41307 Five Mile Road, Plymouth,
Michigan 48170, for completing all work required in connection
with the City's 1995 Tree and Stump Removal Program for a total
price of not to exceed $20, 895 14, the same having been in fact
the lowest bid received for this item and meets all
specifications; and the Director of Public Works 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
the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this contract
Communications from the Division of Police, dated January 9,
1995, and from the Inspection Department, dated January 24, 1995, re a
request for a new Outstate Seller/Wine license from Sardi's Import, Inc
(Laura Meloni and Peppino Meloni) for a business located at 17368 Ellen
Drive were received and placed on file for the information of the Council
#82-95 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 2, 1995,
which bears the signature of the Finance Director and is approved
for submission by the Major, the Council does hereby authorize
the extension of the current lease agreement with Tennyson
Chevrolet, 32570 Plymouth Road, Livonia, Michigan 48150, for the
lease of five vehicles to the Livonia Division of Police for an
additional one-year period (March 1, 1995 through March 1, 1996)
for the price of $27, 900 00, the same to be appropriated and
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expended from Account No 101-329-947-000 for this purpose;
FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
#83-95 RESOLVED, that having considered a communication from
the Director of Finance, dated January 17, 1995, approved for
submission by the Mayor, to which is attached a proposed
agreement between the City of Livonia and Karoub Associates, 200
North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act
as the City's legislative consultant for the period January 1,
1995 through December 31, 1995, for an annual fee of $20, 000 00,
including all expenses, the Council does hereby approve the
agreement in the manner and form herein submitted; and the Mayor
and the City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to affix their signatures to the said
agreement, subject to approval as to form by the Department of
Law
#84-95 RESOLVED, that the Council does hereby refer the
subject of pending legislative proposals with respect to
racetracks and other matters affecting municipalities (to be
discussed with legislative consultant Mr Joseph Garcia) to the
Committee of the Whole for its report and recommendation
A report and recommendation from the Department of Law, dated
January 17, 1995, re the installation of the "E" sign on the Embassy
Suites Hotel was received and placed on file for the information of the
Council (CR 884-94)
#85-95 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 16, 1995,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 576-94, the Council does hereby refer the
matter of the proposed amendment to Section 9 91 (Blowguns and
Bows and Arrows) of the Livonia Code of Ordinances to the
Legislative Committee for its report and recommendation
#86-95 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 16, 1995,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 576-94, the Council does hereby refer the
matter of incidents and/or problems involving bows and arrows
encountered by the Police Department through the years to the
Chief of Police for a report and recommendation
#87-95 RESOLVED, that having considered a communication from
the City Engineer, dated January 18, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, to which are attached lists of concrete drive
approaches requiring installation within the Northeast 1/4 of the
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City of Livonia, said lists being included herein by reference
and for the reasons stated, the Council does hereby require the
respective owners of lots and premises referred to in said lists
to install drive approaches at such premises, and the City Clerk
is hereby requested to do all things necessary to carry out the
provisions of this resolution which is made pursuant to Title 12,
Chapter 4, Section 340 of the Livonia Code of Ordinances, as
amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete
said drive approach work no later than June 1, 1995, after which
date the Engineering Department shall arrange for the
construction of the said concrete drive approaches as a change
order to the 1994 Sidewalk Program contract; FURTHER, the Council
does hereby authorize the City Treasurer to advise those owners
where assessments exceed $400 00 that installment payments in the
number of three (3) installments at 8' interest are available in
connection with the drive approach program, and FURTHER, in order
to make payments to the contractor, it is recommended that
Council authorize an advance in the amount of $8, 963 00 from the
$12 Million General Obligation Road Improvement Bond Issue with
the provision that this bond issue be reimbursed from that
portion of the project which is to be financed by special
assessment at such time as funds are subsequently received from
the payment of bills and assessments by affected property owners,
and an amount of $6, 650 from the Michigan Transportation Fund
(Major Road Account) to pay for the City's portion of this
project, and the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
#88-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 20, 1995, which
transmits its resolution 1-5-95, adopted on January 17, 1995,
with regard to a Sign Permit Application, submitted by T Rogvoy
Associates on behalf of Boston Chicken, requesting approval for
signage for the restaurant located at 19055 Middlebelt Road in
the Northeast 1/4 of Section 1, the Council does hereby concur in
the recommendation of the Planning Commission and approve the
said Sign Permit Application, subject to the following
conditions
a) That the Elevation Plan, defined as Sheet 6 dated December
22, 1994, as revised, by T Rogvoy Associates is hereby
approved and shall be adhered to; and
b) That the Site Plan, defined as Sheet 1 dated January 21,
1994, as revised, by T Rogvoy Associates is hereby approved
and shall be adhered to
#89-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 20, 1995, which
transmits its resolution 1-3-95, adopted on January 17, 1995,
with regard to a Sign Permit Application, submitted by Home
Quarters Warehouse, requesting approval for signage for the
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commercial building located at 20000 Haggerty Road in the
Northwest 1/4 of Section 6, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said
Sign Permit Application, subject to the following conditions
a) That the Sign Package dated 9/19/94 by Home Quarters
Warehouse, Inc , is hereby approved and shall be adhered to,
except for the fact that the entrance wall sign shall be
free of all advertising or store identification;
b) That the Elevation Plan, defined as Sheet 2 dated November
16, 1994, by Home Quarters Warehouse, Inc is hereby
approved and shall be adhered to; and
c) That the Site Plan by Hechinger Construction, received by
the Planning Commission on January 11, 1995, is hereby
approved and shall be adhered to in connection with
identifying and approving the location of the ground sign
#90-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 20, 1995, which
transmits its resolution 1-4-95, adopted on January 17, 1995,
with regard to a Sign Permit Application, submitted by Henderson
Glass, requesting approval for signage for the commercial
building located at 31600 Plymouth Road in the Southeast 1/4 of
Section 27, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said Sign Permit
Application, subject to the condition that the sign package by
Henderson Glass received by the Planning Commission on December
22, 1994, is hereby approved and shall be adhered to
#91-95 RESOLVED, that the Council does hereby amend Council
Resolution 36-95 so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 14,
1994, which bears the signature of the Finance Director and
is approved for submission by the Mayor, with respect to the
reconstruction of Seven Mile Road from Newburgh Road to
Victor Parkway and the proposed installation of sidewalks,
and to which is attached the supplemental list requiring
such installation, the Council does hereby determine to
require the respective owners of lots and premises referred
to in said list on the north and south sides of Seven Mile
Road between Newburgh and Haggerty Roads to construct and
install sidewalks at such premises referred to above, and
the City Clerk is hereby requested to do all things
necessary to carry out the provisions of this resolution
which is made pursuant to Section 12 04 340 of Title 12,
Chapter 4 of the Livonia Code of Ordinances, as amended;
FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall
complete said sidewalks on or before November 1, 1995, after
which date the Engineering Department shall arrange for the
(CORRECTED PG - SEE CR91-95)
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construction of the said sidewalks in accordance with
Section 12 04 350 of the Livonia Code of Ordinances, as
amended; FURTHER, the Council does hereby authorize an
advance in the amount of $77, 578 32 from the General
Obligation Road Improvement Bond Issue, subject to
reimbursement from the special assessment receipts, and an
appropriation in the amount of $64, 000 00 from the Michigan
Transportation Fund (Major Road Account) to pay for the
City's portion of this project
#92-95 RESOLVED, that having considered a report and
recommendation of the City Assessor, dated January 26, 1995,
approved for submission by the Mayor, to which is attached
proposed City of Livonia policy and guidelines incorporating the
federal poverty income standards to be used by the Board of
Review for granting of poverty exemptions under Section 7u of the
Michigan General Property Tax Act (MCLA 211 7u) , the Council does
hereby approve and adopt such policy and guidelines to be
utilized in determining whether to grant a poverty exemption
#93-95 RESOLVED, that having considered a letter from Kevin J
McGuckin, President, Wayne County Deputy Sheriff's Association,
dated February 2, 1995, the Council does hereby take this means
to indicate that the Wayne County Deputy Sheriff' s Association is
recognized by the City of Livonia as a non-profit organization
116 operating in the community and that the City of Livonia has no
objection to a license being issued to the Wayne County Deputy
Sheriff's Association by the Michigan Bureau of State Lottery
A communication from the Division of Police, dated January 26,
1995, re a request for temporary relocation of liquor warehouse from R
Leone Imports Ltd , Inc from 28785 Haas Road, Wixom, Michigan, to 13489
Stamford Ct , Livonia, Michigan, pending completion of a new building in
Plymouth, Michigan
#94-95 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) ,
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, March 20, 1995, at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 95-1-1-2, submitted by Leo Soave for a change of
zoning of property located north of Ann Arbor Trail between
Stark and Farmington Roads in the Southeast 1/4 of Section
33, from RUF to R-1, the City Planning Commission in its
resolution 1-12-95 having recommended to the City Council
that Petition 95-1-1-2 be approved;
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FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#95-95 RESOLVED, that the Council does hereby receive and file
the communication from the Inspection Department, dated February
7, 1995, regarding the subject of a storage shed located at the
Amoco Service Station at Schoolcraft and Farmington Roads
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#96-95 RESOLVED, that the Council does hereby determine on its
own motion, pursuant to Section 23 01 (a) of the Livonia Zoning
Ordinance, to refer to and request that the City Planning
Commission conduct a public hearing on the question of whether an
amendment to the Livonia Zoning Ordinance should be made with
regard to treating neon tubing as signs, and thereafter submit
its report and recommendation to Council
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#97-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 25,
1995, submitted pursuant to Council Resolution 798-94, and a
letter from the Michigan Liquor Control Commission, dated May 11,
1994, and the report and recommendation of the Inspection
Department, dated October 19, 1994, which is approved for
28671
submission by the Mayor, the Council does hereby approve of the
request from Chi-Chi' s, Inc (a Delaware Corporation) for the
transfer of ownership, through merger, of a 1994 Class C licensed
business from Chi-Chi's USA, Inc (a Kentucky Corporation) for a
business located at 29330 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
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#98-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 25,
1995, submitted pursuant to Council Resolution 822-94, and a
communication from the City Planning Commission, dated October
10, 1994, which transmits its resolution 10-174-94 adopted on
October 4, 1994, with regard to Petition 94-9-8-22 submitted by
McDonald' s Corporation, requesting site plan approval in
connection with a proposal to construct an addition to the
restaurant located at 15399 Middlebelt Road, in the Southeast 1/4
of Section 14, 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 94-9-8-22 is hereby approved and granted, subject to the
following conditions
a) That the Site Plan, as revised, dated February 3, 1995, by
McDonald's Corporation is hereby approved and shall be
adhered to;
b) That the Elevation Plan dated January 30, 1995, by
McDonald's Corporation is hereby approved and shall be
adhered to; and
c) That the Landscape Plan dated February 1, 1995, by
McDonald's Corporation is hereby approved and shall be
adhered to
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 011 OF TITLE 6,
CHAPTER 08 (MISCELLANEOUS REGULATIONS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
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Feenstra gave first reading to the following Ordinance
16,
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-8)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Toy gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-9)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-10)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh
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The President declared the foregoing Ordinance duly adopted, and would
firbecome effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER 26
(INSPECTION DEPARTMENT) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Jurcisin, Feenstra, McGee, and Taylor
NAYS Toy
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#99-95 RESOLVED, that having considered a communication from
Mr Paul A Daniel, 17638 Woodside, Livonia, Michigan 48152,
dated January 18, 1995, with regard to the possibility of
instituting a curbside oil pickup program as an addition to the
City's curbside recycling program, the Council does hereby refer
this subject and the possible curbside pickup of other items to
the Water, Sewer and Waste Committee for its report and
recommendation; FURTHER, the Council does hereby request a report
from the Public Service Division regarding 1) the amount of
monies received by the City for recycled items; and 2) whether or
not the City is getting the "best rates" from Waste Management as
compared to other communities as provided for in the current
contract with Waste Management
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#100-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 23, 1995, which sets
forth its resolution 1-6-95 adopted on January 17, 1995, with
regard to a permit application submitted by Detroit Cellular
Telephone Company for the installation of a cellular tower
antenna on property located at 27107 Eight Mile Road in the
Northeast 1/4 of Section 1, the Council does hereby concur in the
recommendation of the City Planning Commission and the said
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permit application is hereby approved and granted subject to the
condition that the site plan, defined as Sheet 1 dated October
24, 1994, by Midwestern Consulting, is hereby approved and shall
be adhered to, and subject to the owner of the shopping center
submitting a letter to the City agreeing to make the site
improvements (as identified by the Inspection Department by a
letter dated December 13, 1994, to the owner) prior to issuance
of the permit
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#101-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 19, 1995, submitted pursuant
to Council Resolution 637-93, transmitting for Council acceptance
a Warranty Deed dated November 30, 1993, executed by Nicholas
Galovich, conveying to the City certain property described as
follows
The South 60 feet of the following described parcel
The East 107 feet of the West 137 feet of the South 261 feet
of the South 1/2 of the S E 1/4 of Section 2, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan (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 McGee, seconded by Jurcisin, and unanimously
adopted, it was
#102-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 23, 1995, submitted pursuant
to Council Resolution 637-93, transmitting for Council acceptance
a Quit Claim Deed dated October 1, 1993, executed by Paul S
Kennedy and Jean M Kennedy, conveying to the City certain
property described as follows
The South 60 feet of the following described parcel
The East 104 feet of the West 241 feet of the South 416 feet
of the South 1/2 of the S E 1/4 of Section 2, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan (Seven Mile
Road Right-of-Way)
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the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim 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 Feenstra, seconded by Toy, and unanimously
adopted, it was
#103-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 16, 1994, which sets
forth its resolution 11-182-94 adopted on November 1, 1994, with
regard to Petition 94-8-1-19, submitted by the City Planning
Commission, pursuant to Council Resolution 181-94, for a change
of zoning of property described as being Tax Item No 46-005-99-
0040-000, located on the west side of Melvin Avenue between
Norfolk Avenue and Bretton Road in the Northeast 1/4 of Section
2, from R-5 to RUFA, and the Council having conducted a public
hearing with regard to this matter on January 23, 1995, pursuant
to Council Resolution 844-94, the Council does hereby approve
Petition 94-8-1-19 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
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#104-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Exhibit Works,
Inc , dated November 16, 1994, covering new industrial facilities
to be located within City of Livonia Industrial Development
District No 53; 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 Exhibit Works, Inc , the
Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said
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hearing having in fact been conducted at 7 00 p m , Monday,
lbw January 23, 1995, 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, Exhibit Works, 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 Exhibit
Works, Inc covering new industrial facilities to be located
within the City of Livonia Industrial Development District
No 53, for 12 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
Facilities 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 Facilities
Exemption Certificates
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item I refer to my letter dated February 24, 1992, to the City
Clerk on this subject and would ask that these remarks be made
part of the official record of this meeting Thank you
McGee left the podium at 8 36 p m
On a motion by Toy, seconded by Feenstra, it was
28677
#105-95 WHEREAS, there exists in the City of Livonia, County of
Wayne, Michigan (the "City") the need for certain programs to
alleviate and prevent conditions of unemployment and to
revitalize the City's economy, and to assist industrial and
commercial enterprises, and to encourage the location, expansion
or retention 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 has
been initiated by The Economic Development Corporation of the
City of Livonia (the "Corporation") ; and
WHEREAS, the Corporation in conformity with Act No 338, Public
Acts of Michigan, 1974, as amended ("Act No 338") , and the
Internal Revenue Code of 1954, as amended (the "Code") , has
prepared and submitted a project plan (the "Project Plan") ,
providing all information and requirements necessary for a
project to be undertaken for the benefit of Madonna University
(the "Project") , including the issuance of revenue bonds by the
Corporation (the "Bonds") ; and
WHEREAS, in conformity with Act No 338 and the Code, this
legislative body conducted on February 6, 1995 a public hearing
regarding the Project, the Project Plan, and the Bonds in the
maximum aggregate principal amount of not to exceed $5, 000, 000
proposed therein to be issued by the Corporation to finance all
or part of the costs of the Project
NOW, THEREFORE, BE IT RESOLVED
1 The Project Plan, attached hereto and made a part hereof, as
submitted and approved by the Corporation, meets the
requirements set forth in Section 8 (4) of Act 338, and is
hereby approved
2 The persons who will be active in the management of the
Project for not less than one year after approval of the
Project Plan have sufficient ability and experience to
manage the plan properly
3 The proposed methods of financing the Project as outlined in
the Project Plan are feasible and the Corporation has the
ability to arrange, or cause to be arranged, the financing
4 The Project Plan contains a statement by a person described
in Section 8 (4) (j) of Act No 338 indicating that payment
to all persons performing work on the construction of the
Project will be made at the prevailing wage and fringe
benefit rates for the same or similar work in the locality
in which the work is performed and the City hereby
conclusively relies thereupon
5 The Project as submitted is reasonable and necessary to
carry out the purposes of Act No 338, and is hereby
approved
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6 Based upon the information submitted and obtained, the
Project Plan as submitted and the Project to which it
relates serves to alleviate and prevent conditions of
unemployment and strengthen and revitalize the City's
economy and, therefore, constitutes a vital and necessary
public purpose
7 Issuance by the Corporation of the Bonds in an amount not to
exceed $5, 000, 000, in accordance with the terms set forth in
the Project Plan, to finance all or part of the costs of the
Project as described herein and in the Project Plan, is
hereby approved;
8 All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the
same hereby are rescinded
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 37 p m
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#106-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 25, 1995, approved by the
City Engineer and the Finance Director and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 165
feet in length, owned by Richard Paul Spens which land is more
particularly described as follows
The North 60 feet of the following described parcel
The West 1/2 of the West 1/2 of the N E 1/4 of the N E 1/4
of the N W 1/4 of Section 12, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Seven Mile Road right-of-
way ) Part of Tax Parcel No 046-99-0040-000
subject to the following conditions
1 That the purchase price shall be in the sum of $4,455 00;
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2 That the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in the sum not to exceed $300 00;
and
3 That the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $245 00
BE IT FURTHER RESOLVED, that a sum not to exceed $5, 000 00 is
hereby authorized to be expended from the $12 Million Obligation
Road Improvement Bond Issue approved by the electorate in 1989
for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#107-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 25, 1995, approved by the
City Engineer and the Finance Director and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 165
feet in length, owned by Richard Paul Spens which land is more
particularly described as follows
The North 60 feet of the following described parcel
The East 1/2 of the East 1/2 of the N E 1/4 of the N E 1/4
of the N W 1/4 of Section 12, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Seven Mile Road right-of-
way ) Part of Tax Parcel No 046-99-0050-000
subject to the following conditions
1 That the purchase price shall be in the sum of $4,455 00;
2 That the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in the sum not to exceed $300 00;
and
3 That the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $245 00
BE IT FURTHER RESOLVED, that a sum not to exceed $5, 000 00 is
hereby authorized to be expended from the $12 Million Obligation
Road Improvement Bond Issue approved by the electorate in 1989
for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
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On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#108-95 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated February 1, 1995,
regarding the replacement of sidewalks in the City of Livonia on
the following parcels in the following amounts
Parcels of property and assessment, as outlined in the
Treasurer's letter dated February 1, 1995, is included
herein by reference;
which work was done pursuant to Council Resolutions 69-92,
181-92, 769-93 and 616-94, and in accordance with the provisions
of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code
of Ordinances, as amended, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the
owners of property to be assessed wherein notice of the meeting
by the City Council on this date was given and at least 30 days
having expired since the giving of such notice with such charges
remaining unpaid, the Council does hereby, pursuant to Section
3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8,
adopt this resolution wherein a special assessment is placed upon
such property for said charges; FURTHER, the Council does hereby
authorize installment payments in the number of three (3)
installments at 8% interest where assessments exceed $400 and the
property owner has requested such installments; FURTHER, the
Council does hereby request that the City Treasurer shall give
notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last
known address of such persons as shown on the most current
assessment roll of the City, and where payments herein authorized
are not made within the specified time, this fact shall be
reported by the City Treasurer to the City Assessor who shall
charge such amount together with a penalty of 10% of such amounts
against the persons or real property chargeable therewith on the
next general tax roll; and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the
full performance of this resolution
There was no audience communication at the end of the meeting
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, this 1,290th Regular Meeting of the Council of the City of Livonia
was adjourned at 8 40 p m , February 8, 1995
' .an McCotter, City Clerk