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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 28665 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 28666 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 28667 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 28668 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) 28669 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; 28670 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 28672 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 28673 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 28674 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) 28675 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 28676 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 28678 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; 28679 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 28680 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