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HomeMy WebLinkAboutCOUNCIL MINUTES 1984-12-19 21372 MINUTES OF THE ONE THOUSAND AND FORTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 19, 1984, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8 05 p.m. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present. Robert R Bishop, Fernon P Feenstra , Alice Gundersen, Gerald Taylor, Peter A. Ventura and Robert E. McCann, Absent Robert D. Bennett*. Elected and appointed officials present Edward H McNamara, Mayor; Robert F. Nash, City Clerk; Harry C Tatigian, City Attorney, Jack Dodge, Finance Director, John Nagy, Planning Director, David Katz, Administrative Assistant to the Mayor, Robert Smith, Chief Librarian, Theodor Krauss, Assistant Personnel Director, and Michael Reiser, Facility Maintenance Supervisor By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #1058-84 RESOLVED, that the minutes of the 1 ,044th Regular Meeting of the Council of the City of Livonia, held December 10, 1984, are hereby approved. A communication received from the Department of Law, dated December 6 , 1984, re Dale D. Lambert, Diane Lambert, Dean S. Schutz, Herbert Woods, Margie A Woods, Tom Schoeneberger, Suzanne L. Schoeneberger, Robert Peters, Nancy Peters and Judy Luczak, plaintiffs, vs. City of Livonia and Apostolic Christian Church, defendants, Wayne County Circuit Court Civil Action No. 84-429-459-CZ, was received and placed on file for the information of the L Council . A communication received from the Finance Director, dated November 28, 1984, re. Financial statements of the City of Livonia for the month ending 21373 October 31 , 1984 was received and placed on file for the information of the Council . The following resolutions were offered by Councilman Taylor and seconded by Councilman Feenstra. #1059-84 RESOLVED, that having considered a letter from the Secretary/Treasurer/Director of the Fabulous '50s Chevro- let Association, 14591 Archdale, Detroit, Michigan 48227, received by the Office of the City Clerk on December 5, 1984 wherein a request is submitted for permission to conduct a Car/Truck Show and Swap Meet at the Wilson Barn property in conjunction with the Friends of the Barn Association on June 23, 1985, or in the event of inclement weather, June 30, 1985, the Council does hereby approve and authorize this request in the manner and form herein submitted. #1060-84 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated November 6, 1984, and the report and recommendation of the Chief of Police dated December 5, 1984 in connection therewith, the Council does hereby approve of the request from Livonia Foodland, Inc , a Michigan Corporation, for transfer owner- ship of a 1984 SDM Licensed Business from the Kroger Company, located at 37300 Five Mile Road, Livonia , Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #1061-84 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, and the report and recommendation of the Chief of Police dated November 28, 1984, in connection therewith, the Council does hereby approve the request from Omira Party Store, Inc. , holding 1984 SDM License at 36217 Plymouth, Livonia, Michigan, in Wayne County, for transfer of all stock wherein Daniel Robin is being dropped as a stockholder through transfer of all his stock to new stockholder, Mikhail 0 Hermiz, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #1062-84 RESOLVED, that having considered a communication from the City Clerk dated December 7, 1984 to which is attached a letter from the City Clerk of the City of Belle- ville dated November 28, 1984, wherein a request is submitted for purchase from the City of two (2) Shoup Voting Machines, #28568 and #28569 in the amount of $150.00 each for a grand Imo total of $300.00, the Council does hereby accept this offer and does, therefore, authorize the sale of the aforesaid machines to the City of Belleville for the sum of $300.00, based upon the understanding that the City of Livonia makes no warranties or guarantees as to the condition or future serviceability of these machines 21374 #1063-84 RESOLVED, that having considered a communication lie from the City Clerk dated December 7, 1984 with regard to an offer to purchase, submitted by the City of Romulus for four (4) Shoup voting machines, #19824, #19825, #19834 and #21163, in the amount of $150 00 each, for a grand total of $600.00, the Council does hereby accept this offer and does, therefore, authorize the sale of the aforesaid machines to the City of Romulus for the sum of $600.00, based upon the understanding that the City of Livonia makes no warranties or guarantees as to the condition or future serviceability of these machines. #1064-84 RESOLVED, that having considered a communication from the Personnel Director dated November 30, 1984, approved by the Finance Director and approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on November 15, 1984 wherein it is recommended that the title of Chief Librarian be changed to Director of Libraries, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #1065-84 RESOLVED, that having considered a communication from the City Attorney dated November 30, 1984, approved for submission by the Mayor with regard to Opinion No. 6258 dated November 26, 1984, of the Michigan Attorney General , with regard to restrictions upon placement of political campaign signs, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. #1066-84 RESOLVED, that having considered a communication dated December 11 , 1984 from Farmbrook Construction Co. , Inc. , 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 December 4, 1984 by the City Planning Commission in its resolution 12-239-84 with regard to Petition 84-9-2-32 submitted by Farmbrook Construction Co. , Inc. requesting permission to construct a planned residential development on the east side of Louise Avenue, north of Six Mile Road in the South- east 1/4 of Section 11 , the Council does hereby designate Monday, January 21 , 1985 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 No 543, as amended, the Zoning Ordinance of the City of Livonia 21375 A roll call vote was taken on the foregoing resolutions with the following Lresult AYES Feenstra, Gundersen, Taylor, Ventura, McCann, Bishop NAYS. None Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 84-4-1-14, rezoning from C-4 and R-1 to C-1 ) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Gundersen, Taylor, Ventura, McCann, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Bennett arrived at 8 13 p m. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 84-7-1-22, rezoning from C-1 to R-1 ) A roll call vote was taken on the foregoing Ordinance with the following result AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 21376 lisCouncilman McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 84-7-1-20, rezoning from C-2 to P S. ) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Taylor, Ventura, McCann NAYS Feenstra, Gundersen, Bennett, Bishop The President declared the foregoing Ordinance denied Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 84-7-1-23, rezoning from C4-1 and R3-B to C-2) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adop- tion, the following Ordinance: AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE 21377 lim NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 84-7-1-24, rezoning from RUF to R-6) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann NAYS. Bishop The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUNDS (Petition 84-9-3-4) 16. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 84-9-3-3) A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None Lw. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 21378 Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 84-8-1-25, rezoning from RUF to P.S. ) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Gundersen, Taylor, Ventura, McCann, Bishop NAYS. Feenstra, Bennett The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #1067-84 RESOLVED, that having considered a communication from the Director of Finance dated December 6, 1984, approved for submission by the Mayor, to which is attached adjustments for both revenues and expenditures for the 1984 General Fund Budget, a summary of which is as follows: Current Adjusted Budget Adjustments Budget Revenues $23,840,611 $1 ,274,000 $25,114,611 Expenditures 24,443,881 554,500 24,998,381 Revenues in excess of expenditures $(603,270) $719,500 $116,230 the net result being a transfer to the Unexpended Fund Balance of $719,500, thus reflecting a budget of revenues in excess of expenditures of $116,230 as of 11/30/84, the Council does hereby approve and authorize the foregoing in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None 21379 On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1068-84 RESOLVED, that having considered a communication from the Department of Law, dated November 30, 1984, approved by the City Engineer, the Planning Director, the Director of Finance and the Chief Librarian and approved for sub- mission by the Mayor, to which is attached a proposed con- tract for the employment of the architectural firm of Kamp DiComo Associates, P.C. , 33200 Schoolcraft Road, Livonia, Michigan 48150, for the construction of a proposed new main library to be located in the Civic Center, the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1069-84 RESOLVED, that the Council does hereby refer the subject of the employment of a Library Consultant in connection with the construction of the proposed new Civic Center Library to the Committee of the Whole for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen, it was #1070-84 RESOLVED, that having considered a communication from the Mayor dated December 4, 1984, to which is attached Invoice #44979 dated November 28, 1984, issued to the Friends of the Barn in the amount of $900 60 for charges for Reserve Police services during the Ethnic Festival , August 17 - 19, 1984, the Council does hereby waive these fees in view of the fact that the Ethnic Festival was a City-sponsored event. A roll call vote was taken on the foregoing resolution with the following result AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Taylor, seconded by Councilman Bennett, L it was 21380 #1071-84 RESOLVED, that having considered the report and recommendation of the City Clerk dated December 11 , 1984, which bears the signature of the Finance Director, the Council does hereby approve and authorize the renewal of an agreement between the City of Livonia and Computer Election Systems, Inc , 1001 Eastshore Highway, Berkeley, California 94710, for a one year period which would expire on November 30, 1985, which agreement covers all service calls, equipment refurbishment and technical services for the election card reader and printer for the price of $3,005 00, the same to be expended from Election Account #101-193-933-000-000, further, the Council does hereby authorize the said item 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 04 140 D 5 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1072-84 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 No. 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, January 21 , 1985 at 7 00 p.m. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 84-7-1-21 , submitted by the City Planning Commission for a change of zoning f property located on the north side of Six Mile Roa , east of Haggerty Road in the Southwest 1/4 of Section 7 from R-5C to P.0 , the City Planning Commissign in its resolution 10-220-84 having recommended to the City Council that Petition 84-7-1-21 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to thg aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or 21381 (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1073-84 RESOLVED, that having considered a communication from the City Planning Commission, dated October 30, 1984 which sets forth its resolution 10-219-84 adopted on October 23, 1984 with regard to Petition 84-9-1-28 submitted by Gary Orthner for Taco Bell requesting a change of zoning on property located on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 27 from M-1 to P, and the Council having conducted a public hearing with regard to this matter on December 17, 1984, pursuant to Council Resolution 954-84, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 84-9-1-28 is hereby approved and granted, 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 No 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1074-84 WHEREAS, the City Clerk has received an Application for a Commercial Redevelopment Exemption Certificate from Wonderland Shopping Center Venture Limited Partnership c/o Schostak Brothers & Company, Inc , dated November 2, 1984, covering a commercial redevelopment district to be located within City of Livonia Commercial Redevelopment District No. 1 , and 21382 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 Wonderland Shopping Center Venture Limited Partnership c/o Schostak Brothers & Company, 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 fact been conducted at 800 p.m , Monday, December 17, 1984 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, Wonderland Shopping Center Venture Limited Partnership c/o Schostak Brothers & Company, Inc. , finds and determines: (a) that the granting of this commercial redevelopment district 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 Act 255 of P.A. 1978, as amended 2 That the City Council hereby approves the Application for Commercial Redevelopment Exemption Certificate from Wonderland Shopping Center Venture Limited Partnership c/o Schostak Brothers & Company, Inc covering a commercial redevelopment district to be located within the City of Livonia Commercial Redevelopment District No. 1 , for 12 years 21383 On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #1075-84 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Service Plastics, Inc. , dated September 10, 1984, covering new industrial facilities to be located within City of Livonia Industrial Development District No 22, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legisla- tive 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 Applica- tion has been received, and WHEREAS, the City Council has afforded Service Plastics, 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 fact been conducted at 8:00 p.m , Monday, December 17, 1984 at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michi- gan, 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, Service Plastics, Inc , finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of sub- stantially 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 Appli- cation for Industrial Facilities Exemption Certificate from Service Plastics, Inc covering new industrial facilities to be located within 21384 the City of Livonia Industrial Development District No. 22, for 12 years. President Bishop passed the gavel to Vice President Taylor at 9 40 p m On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby amend the foregoing resolution to provide that the Industrial Facilities Exemption Certificate for Service Plastics, Inc. , be for 10 years in lieu of 12 years. A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Bennett NAYS: Gundersen, Ventura, Bishop, McCann, Taylor The Vice President declared the resolution denied. A roll call vote was taken on the original resolution with the following result. AYES. Feenstra, Gundersen, Bennett, Ventura, Bishop, McCann, Taylor NAYS. None Vice President Taylor returned the gavel to President Bishop at 9.45 p.m. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was 11076-84 WHEREAS, there exists in the City of Livonia (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"), has prepared and submitted a project plan (the "Project Plan") , providing all information and requirements necessary for a project involving the acquisition, 21385 construction and equipping of a 36,000 square foot medical and general office building facility to be owned by, operated by and for the benefit of Heritage Commons Office Center and located at 14600 and 14800 Farmington Road (the "Project") , and WHEREAS, in conformity with Act No. 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $2,000,000 proposed therein to be issued by the Corporation to finance all orpart of the costs of the Project (the "Bonds") ; NOW, THEREFORE, BE IT RESOLVED 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 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 this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No 338, and is hereby approved 5. Issuance by the Corporation of the Bonds in an amount not to exceed $2,000,000, 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. 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. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was 21386 #1077-84 WHEREAS, there exists in the City of Livonia (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") , has prepared and submitted a project plan (the "Project Plan") , providing all information and requirements necessary for a project involving the acquisition, construction and equipping of a 11 ,372 square foot professional office building facility to be owned by, operated by and for the benefit of Sedar Enterprises and located at 15875 Middlebelt (the "Project") , and WHEREAS, in conformity with Act No 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $1 ,500,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds") , NOW, THEREFORE, BE IT RESOLVED 1 . The Project Plan, as submitted and approved by the Corporation, meets the requirements set forth in Section 8 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 this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved 21387 5. Issuance by the Corporation of the Bonds in an amount not to exceed $1 ,500,000, 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 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. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #1078-84 RESOLVED, that having considered a communication from the Mayor dated December 10, 1984, to which is attached a check in the amount of $200 from the Kiwanis Club of Livonia Mid-Day, the Council does hereby accept the foregoing donation for and on behalf of the City of Livonia, the same to be reflected as an increase in a like amount in the Mayor's Emergency Fund A roll call vote was taken on the foregoing resolution with the following result. AYES: Feenstra, Gundersen, Taylor, Bennett, Ventura , McCann, Bishop NAYS: None On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #1079-84 RESOLVED, that having considered a communication dated December 7, 1984, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as• Grant of Easement dated October 4, 1984, executed by D.C. Bonner, President of American Community Mutual Insurance Co. , a Michigan Corporation and W. H. Huppenbauer, Senior Vice President of American Community Mutual Insurance Co. , a Michigan Corporation for: Land in the N.W. 1/4 of Section 7, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as. 21388 L Commencing at the N.W corner of said Section 7, thence South 89°57'10" East along the North line of said Section 7, 530 05 feet, thence due South 60.00 feet to the point of beginning, thence due South 40 00 feet, thence North 89°57' 10" West 36.00 feet, thence due South 176.02 feet, thence South 22°30'00" East 44.42 feet; thence due South 132.94 feet; thence North 89°57 ' 10" West 323 00 feet; thence due North 20.00 feet, thence South 89°57 '10" East 303.00 feet, thence due North 108.96 feet; thence North 22°30'00" West 44.42 feet, thence due North 220.00 feet, thence South 89°57'10" East 56.00 feet to the point of beginning the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. The communication from the Public Service Division, dated November 27, 1984, re: Final Cost Information for the 1984 Street Tree Planting Program, L was received and placed on file for the information of the Council . On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #1080-84 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1081-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 20, 1984, which bears the signature of the Finance Director, and is approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks at various locations in the City of Livonia, said list being included herein by reference which work was done pursuant to Council Resolution Nos. 363-83 and 582-83 and in accordance with the provisions of Section 12.04.340 of Chapter 4 of Title L 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in 21389 accordance with Section 3 08.150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, March 13, 1985 at 8:00 p.m at the City Hall , 33000 Civic Center Drive, Livonia, Michigan as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution, further, the Council does hereby appropriate and authorize the expenditure of the sum of $2,323.86 for work completed at Silver Village, the same to be charged to Silver Village Ground Maintenance (Account No. 296-831-938.000.000); and the Council does hereby appropriate and authorize the expenditure of the sum of $13,042.78 from the $7.9 Million General Obligation Road Improvement Bond Issue to cover the City's share of this program, and further, in order to provide for the final payment to the contractor for the 1983 Sidewalk Repair Program, the sum of $6,404 92 is hereby appropriated and authorized to be expended from the $7 9 Million General Obligation Road Improvement Bond Issue subject to the reimbursement of said amount from the proceeds of the single lot assessments; and Council Resolution 888-84, adopted on October 24, 1984, is hereby repealed and rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES. Feenstra, Gundersen, Taylor, Bennett, Ventura, McCann, Bishop NAYS None By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, this 1 ,045th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:50 p.m , December 19, 1984. 4! \ A\ ROBERT F. N SH, CITYERK Lip