HomeMy WebLinkAboutCOUNCIL MINUTES 1998-12-07 31348
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-SECOND
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 7, 1998, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember 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: 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,
Linda McCann, Director of Community Resources, Mary Rutan, Personnel Director; Jeff
Bryant, Economic Development Manager; and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Brosnan, it was
#895-98 RESOLVED, that the minutes of the 1,381st Regular Meeting
of the Council of the City of Livonia, held November 18, 1998, are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Pastor, Duggan, and Engebretson
NAYS None
PRESENT Walsh and Vandersloot.
The President declared the resolution adopted
No one from the audience wished to speak during the audience
communication portion of the meeting
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Councilmember Pastor announced the passing of fellow Jaycee Matt
Boitos and offered condolences to his family He also congratulated his son on his first
choir practice and wished his wife, Linda, a "Happy Birthday "
Councilmember Vandersloot congratulated Dianne Massa on her new
appointment as the City Clerk of Northville Dianne had worked for the City for 13 years
before departing on her new venture, most recently holding the position of Election
Records Clerk
Additionally, Council President Engebretson asked for a remembrance of
"Pearl Harbor Day" and of all the veterans who lost their lives in the war
A communication from the Engineering Division, dated December 2, 1998,
re status of the Whispering Pines Site Condominium Subdivision and restoration work
in Sheffield Estates Subdivision was received and placed on file for the information of
the Council (CR 786-98)
A communication from the Department of Finance, dated November 19,
1998, re forwarding various financial statements of the City of Livonia for the month
ending October 31, 1998, was received and placed on file for the information of the
Council
At the direction of the Chair, Item #9 was removed from the Consent
portion of the Agenda
On a motion by Duggan, seconded by Brosnan, it was
#896-98 RESOLVED, that having considered a request from the
Engineering Division regarding the installation of additional traffic signals
and/or signs at the corner of Plymouth and Wayne Roads, the Council
does hereby refer this item to the Traffic Commission and the Plymouth
Road Development Authority for their respective reports and
recommendations
#897-98 RESOLVED, that having considered a communication from
the Mayor, dated November 3, 1998, to which is attached a letter from Mr
John Walsh, Chairman of the Livonia Economic Development Partnership
(LEDP), the Council does hereby authorize the expenditure of a sum not
to exceed $25,000 00 from Account No 101-805-818-000 for the City's
second year investment in the Livonia Economic Development
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Partnership, for the period November, 1998, through October, 1999, in
order to support its efforts in the areas of business retention and
attraction, workforce development and investor relations
#898-98 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and Director of Public
Works, dated November 16, 1998, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding emergency repair of the Civic Center Library elevator, the
Council does hereby authorize payment to be made in the amount of
$26,000 00 to Otis Elevator Company, 25365 Interchange Court,
Farmington Hills, Michigan 48335, for work performed in connection with
such emergency repair; FURTHER, the Council does hereby appropriate
and authorize the expenditure of the sum of$26,000 00 from Account No
101-447-976-000 (Capital Outlay - Building Maintenance) for this purpose,
and does further approve a budget adjustment to the 1997-98 budget by
transferring $8,000 00 from Account No 101-720-987-020 (Capital Outlay
- Botsford Pool) and $8,000 00 from Account No 101-721-987-020
(Capital Outlay - Clements Circle Pool) to Account No 101-447-976-000
(Capital Outlay - Building Maintenance) for this purpose, FURTHER, the
Council does hereby authorize such action without competitive bidding for
the reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D1 of
the Livonia Code of Ordinances, as amended
#899-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated November 10, 1998, approved for submission by the Mayor, and to
which is attached a Hold Harmless Contract between the City of Livonia
and Hegira Programs, Inc for the period August 1, 1998, through July 31,
1999, the Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the proposed Hold Harmless
Contract 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
A communication from the Department of Law, dated November 13, 1998,
re administrative response to CR 578-98 — appraisal of the CCODA building located at
13325 Farmington Road —was received and placed on file for the information of the
Council
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#900-98 RESOLVED, that having considered the report and
it recommendation of the Director of Finance, dated November 16, 1998,
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approved for submission by the Mayor, with regard to proposals received
from insurance carriers in connection with the City's self-insurance
program for workers' compensation, the Council does hereby authorize
the Mayor and City Clerk to enter into a contract for the period December
1, 1998 to November 30, 2000, with Aetna Casualty and Surety Company,
Hartford, Connecticut 06156, to provide the City with excess insurance
coverage when losses from any one claim reach $200,000 00, for a total
premium cost of$21,437 00, and FURTHER, the Council does hereby
authorize a service contract with Alexis, Inc., 17187 N Laurel Park Drive,
Livonia, Michigan 48152, for claims administration and processing in
connection with this item, for a total premium cost of $36,487 00, and the
action herein is being taken without competitive bidding in accordance
with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia
Code of Ordinances, as amended
#901-98 RESOLVED, that having considered a report and
recommendation from the Director of Public Works and the City Engineer,
dated November 5, 1998, approved for submission by the Mayor, and a
letter from Lawrence C Lenchner, President of Abington Development,
Inc , dated October 2, 1998, requesting elimination of the sidewalk
requirement with respect to the new construction located at 29180 Bretton,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area
#902-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1998, which sets forth
its resolution 10-186-98, adopted on October 27, 1998, with regard to a
request from Steve Mombach, dated September 25, 1998, for a one-year
extension of the approval of Petition 97-7-8-18 by Communicare Health
Services, on behalf of Beacon Rose of Livonia, in connection with the
approval of all plans for a proposal to construct an assisted living facility
on property located on the east side of Newburgh Road between Five Mile
Road and Ladywood Road in the Southwest 1/4 of Section 17, previously
granted in Council Resolution 753-97, adopted on September 10, 1997,
the Council does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a one-
year period, subject to compliance with all of the conditions set forth in the
original site plan approval
#903-98 RESOLVED, that having considered a communication from
the Council President and the Director of Legislative Affairs, dated
November 16, 1998, which bears the signature of the Director of Finance
and to which is attached a communication from MAT Court Recording &
Court Services, dated October 19, 1998, the Council does hereby approve
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of an extension of the current contract between the City of Livonia and
MAT Court Recording & Court Services, 6225 Ardmore Park Circle,
Dearborn Heights, Michigan 48127, to provide recording and transcription
services for the City of Livonia Zoning Board of Appeals meetings for the
period December 1, 1998, through November 30, 2001, at the rate of
$15 00 per hour for recording the Zoning Board of Appeals meetings for
the period December 1, 1998 through November 30, 1999, $18 00 per
hour for recording the Zoning Board of Appeals meetings for the period
December 1, 1999 through November 30, 2001, $2 85 per page for the
transcription of the meeting minutes, and $3 25 per page for expedited
requests for transcription, from funds already budgeted for this purpose in
Account No 101-815-818-000 (Contract Services), FURTHER, the
Council does hereby authorize a permanent extension of Special
Appointments for recording services for the Zoning Board of Appeals
Secretarial Support Services, 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, 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
#904-98 RESOLVED, that having considered a communication from
the Council President, dated November 9, 1998, to which is attached a
proposed schedule of Council Study and Regular Meetings for the period
January 1, 1999, through December 31, 1999, the Council does hereby
approve the following dates for City Council meetings for 1999, subject to
change with notice
Study Meetings Regular Meetings
JANUARY
Monday, January 4 Wednesday, January 13
Wednesday, January 20 Wednesday, January 27
FEBRUARY
Monday, February 1 Wednesday, February 10
Wednesday, February 17 Wednesday, February 24
MARCH
Monday, March 1 Wednesday, March 10
Monday, March 15 Wednesday, March 24
APRIL
Monday, March 29 Wednesday, April 7
Monday, April 12 Wednesday, April 21
in..
CORRECTED PAGE - SEE CR #904-98
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MAY
Monday, April 26 Wednesday, May 5
Monday, May 10 Wednesday, May 19
JUNE
Monday, May 24 Wednesday, June 2
Monday, June 7 Wednesday, June 16
JULY
Monday, June 21 Wednesday, July 7
Monday, July 12 Wednesday, July 21
AUGUST
Monday, August 9 Monday, August 16
Monday, August 23 Monday, August 30
SEPTEMBER
Wednesday, September 8 Wednesday, September 15
Monday, September 20 Wednesday, September 29
OCTOBER
Monday, October 4 Wednesday, October 13
Monday, October 18 Wednesday, October 27
NOVEMBER
Wednesday, November 3 Wednesday, November 10
Monday, November 15 Monday, November 22
DECEMBER
Monday, November 29 Monday, December 6
Wednesday, December 8 Wednesday, December 15
#905-98 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,
January 25, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 98-9-1-18, submitted by John J Wheeler and Janice
Mayes, for a change of zoning of property located on the north side
of Plymouth Road between Chase Boulevard and Newburgh Road
in the Southeast 1/4 of Section 30 from RUF to R-1, the City
Planning Commission in its resolution 10-181-98 having
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recommended to the City Council that Petition 98-9-1-18 be
approved,
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 amendment to the
Zoning Ordinance, and/or (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 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
#906-98 WHEREAS, the City of Livonia has received a request from
KONGSBERG AUTOMOTIVE, INC , dated November 5, 1998, proposing
the establishment of an industrial development district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 1 78 acres lying in the Southwest 1/4 of Section
28 as more particularly described in the attachment to the application
which is hereby incorporated by reference and which is hereinafter
referred to as "Proposed City of Livonia Industrial Development District
No 70",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 70
2 This City Council sets Monday, January 25, 1999, at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
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opportunity to be heard on the question of establishing the
Industrial Development District described above
#907-98 WHEREAS, the City of Livonia has received a request from
COVINGTON CENTER, LLC, dated November 24, 1998, proposing the
establishment of an industrial development district for construction of a
speculative building in units, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 10 acres lying in the South 1/2 of Section 30 as
more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 71",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 71
2 This City Council sets Wednesday, January 20, 1999, at TOO p m
as the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
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 Planning Department, dated November 4,
1998, re administrative response to CR 161-97 — the subject of multiple uses for
31356
property located at 19810 Farmington Road and 19730 Farmington Road (R-3, R-C and
R-9) — was received and placed on file for the information of the Council
On a motion by Laura, seconded by Vandersloot, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 28, 1998, submitted pursuant to Council Resolution 764-98,
regarding the subject of the site plan review of curb cuts and driveways
only with respect to the lot split requested by Kim Haveraneck for Tax Item
No 46-047-99-0001-000, located north of Six Mile and east of Middlebelt,
for property located at 18120 Middlebelt, which lot split was approved by
Council Resolution 763-98, adopted on October 7, 1998, the Council does
hereby approve the modified plan presented at the Streets, Roads and
Plats Committee meeting of October 28, 1998, which depicts one central
curb cut, based on the following conditions as outlined in the letter from
the Fire Department, dated November 5, 1998
1 That the width of the common drive and entrance shall be a
minimum of 25 feet, inside of curb to inside of curb,
2 That parallel parking shall be restricted to the Middlebelt (west) side
of the common drive, and
3 That the on-site hydrant shall be provided near center and on the
apartment (east) side of the common drive
Councilmembers Laura and Vandersloot withdrew their motions on the foregoing
resolution
At the direction of the Chair, the subject of the site plan review of curb cuts
and driveways with respect to the lot split requested by Kim Haveraneck for Tax Item No
46-047-99-0001-000, located north of Six Mile and east of Middlebelt, for property
located at 18120 Middlebelt, was rescheduled to the Regular Meeting of December 16,
1998 (CR 764-98)
Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 36 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 98-6-1-11)
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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
Duggan gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 18 66 TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 98-6-6-4)
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
Duggan left the podium at 8 19 p m due to a conflict of interest on the next Agenda
item
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 32 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 98-7-1-13)
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
Duggan returned to the podium at 8.20 p m
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was.
#908-98 RESOLVED, that having considered a request from Ronald
Vaagenes, C E 0 of Motor City Mold, Inc , dated November 6, 1998, and
a report and recommendation of the Economic Development Manager,
dated August 14, 1998, approved for submission by the Mayor, wherein it
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is indicated that Motor City Mold, Inc intends to transfer facilities from
12339 Stark Road, Livonia, Michigan 48150 to Plymouth Township, and
which further indicates that Motor City Mold, Inc desires to obtain a 1974
P.A 198 exemption for the Plymouth Township facility, the Council does
hereby consent to the transfer as herein requested, 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 Brosnan, seconded by Laura, and unanimously adopted, it
was
#909-98 RESOLVED, that having considered a letter from Mr Steven
J Summers, Twin Valley Corp , dated November 8, 1998, requesting
elimination of the sidewalk requirement with respect to the new homes
being constructed at 31810 and 31830 Norfolk, the Council does hereby
approve this request inasmuch as omitting the sidewalk on the subject
property would have no detrimental effect upon the neighboring properties
at this time due to lack of any other public sidewalks existing within the
neighboring area
A communication from the Engineering Division, dated November 30,
1998, re additional information on the request of Twin Valley Corp to waive the
sidewalk requirement at 31810 and 31830 Norfolk was received and placed on file for
the information of the Council
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
#910-98 RESOLVED, that the Council does hereby refer the subject
of requests for waivers of the sidewalk requirement with respect to new
developments to the Streets, Roads and Plats Committee for its report
and recommendation
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 4, 1998, and a report
and recommendation of the Chief of Police, dated November 5, 1998, in
connection therewith, approved for submission by the Mayor, the Council
does hereby recommend denial of the request from Mid 5 Party Store, Inc
to transfer stock interest in 1998 SDD/SDM licensed corporation from
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Tank Ankawi to new stockholders, Raymond Ankawi and Ziyak Ankawi
(250 shares each) for a business located at 15254 Middlebelt, Livonia,
Michigan 48154, Wayne County, based upon the fact that one of the
individuals to whom the stock is proposed to be transferred (Raymond
Ankawi) has a criminal conviction for an alcohol-related offense, and the
City Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
Brosnan and Laura withdrew their motions on the foregoing resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#911-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 4, 1998, and a report
and recommendation of the Chief of Police, dated November 5, 1998, in
connection therewith, approved for submission by the Mayor, the Council
does hereby determine that it has no objection to and does recommend
approval of the request from Mid 5 Party Store, Inc to transfer stock
interest in 1998 SDD/SDM licensed corporation from Tarik Ankawi to new
stockholders, Raymond Ankawi and Ziyak Ankawi (250 shares each) for a
business located at 15254 Middlebelt, 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
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#912-98 WHEREAS, on October 21, 1998, the City Council of the
City approved a Refunding Contract with the Municipal Building Authority
of Livonia (the "Authority") to take the necessary steps under the
provisions of Act 31, Public Acts of Michigan, 1948, (First Extra Session)
as amended, to have the Authority issue refunding bonds in an amount
not to exceed $4,500,000 (the "Refunding Bonds") to refund all or part of
the Authority's outstanding (a) 1977 Building Authority Bonds and (b)
Building Authority Bonds, Series 1986, and
WHEREAS, the City anticipates that the City and all entities which issue
bonds on behalf of the City will issue less than $10,000,000 in tax-exempt
bonds in the calendar year 1999, and
WHEREAS, it is anticipated that the interest cost on the Refunding Bonds
will be less if the Refunding Bonds are designated as qualified tax-exempt
obligations by the Authority and the City
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NOW, THEREFORE, BE IT RESOLVED THAT
1 The Refunding Bonds are hereby designated as "qualified tax-
exempt obligations" for purposes of deduction of interest expense
by financial institutions pursuant to the Internal Revenue Code of
1986, as amended
2 All resolutions and parts of resolutions insofar as the same conflict
with the provisions of this resolution be and the same hereby are
rescinded
A communication from the Department of Finance, dated December 3,
1998, re additional information on the proposed resolution designating Municipal
Building Authority Bonds as qualified tax-exempt obligations was received and placed
on file for the information of the Council
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#913-98 RESOLVED, that having considered a communication from
the Personnel Director, dated November 13, 1998, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth a resolution adopted by the Civil Service
Commission on November 12, 1998, wherein it is recommended that the
attached proposed contract between the City of Livonia and Livonia Fire
Fighters Union Local 1164, and which contract incorporates negotiated
provisions, be approved for the period December 1, 1996 through
November 30, 1999, and that the necessary amendments to the
Retirement Plan Ordinance and Compensation Plan and changes in
certain benefits as required to effectuate this agreement be approved, the
Council does hereby determine to approve of and concur in the aforesaid
action, and the Mayor and City Clerk are hereby requested to affix their
signatures to the aforesaid contract, for and on behalf of the City of
Livonia, and to do all other things necessary or incidental to the full
performance of this resolution
A communication from the Department of Finance, dated December 1,
1998, re additional information on the Livonia Fire Fighters 1996-99 contract provisions
was received and placed on file for the information of the Council
31361
was On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
#914-98 RESOLVED, that the Council does hereby request that the
Director of Finance prepare a comparison report on each subsequent
contract approved with employee bargaining units for the review of the
Council
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#915-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 1998, which transmits
its resolution 10-187-98, adopted on October 27, 1998, with regard to a
Sign Permit Application, submitted by Idea Studio, on behalf of Lutheran
Heritage Village, requesting approval to erect an entrance marker for the
senior housing development located at 14845 Farmington Road, in the
Northeast 1/4 of Section 21, the Council does hereby concur in the
recommendation of the Planning Commission and approves the said Sign
Permit Application, subject to the following conditions
1 That the Sign Package submitted by Idea Studio, as received by
the Planning Commission on October 8, 1998, is hereby approved
and shall be adhered to, except for the fact that the base or pillars
of the entrance marker shall be constructed out of brick, and
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#916-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance and the Director of Community
Resources, dated November 20, 1998, approved for submission by the
Mayor, wherein it is requested that an adjustment to the 1998-99 budget
be approved for the establishment of a budget for the Livonia Bus
Transportation System, the Council does hereby authorize the said budget
adjustment in the manner and form set forth in the aforementioned report.
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
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#917-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 23, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 97-98, concerning the subject of a local bus
transportation system for the City of Livonia, the Council does hereby refer
this matter to the Finance, Insurance and Budget Committee for its report
and recommendation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#918-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 23, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 97-98, as well as a subsequent communication from
the Director of Community Resources, dated December 4, 1998, which
bears the signatures of the City Attorney and the Director of Finance and
is approved for submission by the Mayor, wherein it is requested that the
current contract between the City of Livonia, Northwest Transport Inc.,
31376 Industrial Road, Livonia, Michigan 48150, and ABC Cab, 36977
Amrhein, Livonia, Michigan 48150, for the User-Side Subsidy
Transportation Program (Dial-a-Ride) for senior and handicapped citizens
be extended for an additional six-month period, from December 31, 1998
through June 30, 1999, the Council does hereby approve this request;
FURTHER, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute any agreements which may
be required in connection with this extension, FURTHER, the Council
does hereby authorize the Mayor and City Clerk to execute any necessary
agreement with SMART in connection with such extension, provided that
any such agreement is approved as to form by the Department of Law
The President relinquished the Chair to the Vice President at 8 35 p m due to a conflict
of interest on the next agenda item
On a motion by Duggan, seconded by Laura, it was
#919-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 17, 1998, which sets
forth its resolution 9-147-98, adopted on September 15, 1998, with regard
to Petition 98-7-1-16, submitted by Ward Evangelical Presbyterian
Church, for a change of zoning of property located on the southeast
corner of Six Mile and Farmington Roads in the Northwest 1/4 of Section
15, from RUFC to C-2, and the Council having conducted a public hearing
31363
with regard to this matter on November 16, 1998, pursuant to Council
Resolution 759-98, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 98-7-1-16 is
hereby denied for the following reasons
1 That the proposed change of zoning is not supported by the Future
Land Use Plan,
2 That this area in the vicinity of the Six Mile Road and Farmington
Road intersection is currently well served with a variety of
commercial uses,
3 That there is no demonstrated need for additional commercial
zoning in this section of the City;
4 That the proposed change of zoning would provide for uses that are
not needed in this area,
5 That the proposed change of zoning will provide for uses which will
generate more traffic and add to the traffic congestion in the area,
and
6 That the proposed change of zoning will allow for uses that will be
detrimental to the use and enjoyment of the surrounding area,
particularly with respect to the residential neighborhood to the
southeast.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Vandersloot, Pastor, Duggan, and Walsh
NAYS None
The Vice President declared the resolution adopted
The President resumed the Chair at 8 36 p m
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#920-98 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
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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 senior supportive care facility for use by
Woodhaven of Livonia, a Michigan non-profit corporation (the "Project"),
and
WHEREAS, the Corporation has approved the Project Plan, and
WHEREAS, in conformity with Act No 338 and the Internal Revenue
Code of 1986, 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 $4,500,000
k 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 the 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 $4,500,000, 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
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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 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 Brosnan, seconded by Duggan, and unanimously
adopted, it was
#921-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Livonia Building Materials
Co , dated October 1, 1998, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 69, 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 Livonia Building Materials Co ,
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 7 00 p m on Monday, November 23, 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, Livonia Building Materials Co , 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
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2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Livonia Building Materials Co
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 69 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
A communication from the Department of Law, dated November 30, 1998,
re additional information with respect to the request for an Industrial Facilities
Exemption Certificate by Livonia Building Materials Co was received and placed on file
for the information by the Council
A communication from Carl V Creighton, Brashear, Tangora and Spence,
LLP, dated December 1, 1998, re forwarding a revised Application for Industrial
Facilities Exemption Certificate for Livonia Building Materials Co was received and
placed on file for the information of the Council
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#922-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 20, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept cash donations in the amount of$10,328 00 from the
contributors set forth in the attachment, the same to be deposited in and
credited to Account #702-000-285-216 for use in connection with the
Senior Citizens Program
No one wished to speak during the audience communication portion at the
end of the meeting
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Councilmember Pastor once again wished his wife, Linda, a "Happy
lbw Birthday "
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,382nd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 40 p m , December 7, 1998
Joan 1'cCotter, ity