HomeMy WebLinkAboutMinutes - 49th - December 9, 1982 signed1i'1
MINUTES OF A REGULAR MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION
OF LIVONIA
A Regular Meeting of the Economic Development Corporation of Livonia was called
to order by the Chairman, Peter Ventura, at approximately 5:10 p.m., December 9,
1932, in the Council Chambers of the City Hall, 33000 Civic Center Drive, Livonia,
Michigan. The Secretary called the roll:
Directors Present: Mr. Frank Hand
Mr. Alan Helmkamp
Mr. Robert Jankowski
Ms. Helen Kavanaugh
Mr. Ron Mardiros
Mr. Angelo Plakas (arrived at 5:17)
Mr. Peter Ventura
Mr. Stanley Telman
Directors Absent: Mr. Kenneth Hale
Others Present:
Mr. Christopher Ziomek, Risko/Ziomek
Funeral Home
Mr. Fernon-Feenstra, Livonia City Council
Mr. Daniel J. Gilmartin, Executive Director
Ms. Marie E. King, Recording Secretary
0n a motion by Mr. Helmkamp, supported by Mrs. Kavanaugh, it was
1182-293 RESOLVED, that the minutes of November 18, 1982, of the
Regular Meeting of the Economic Development Corporation of Livonia
be approved as submitted.
A roll call vote was taken on the foregoing motion with the following results:
AYES: Hand, Helmkamp, Jankowski, Kavanaugh, Mardiros, Ventura
NAYS: None
ABSTENTIONS: Telman
The Chairman declared the resolution adopted.
Alan Helmkamp gave the Treasurer's Report. There is currently $29,642.30
in the various accounts. Of that amount, $22,211.17 is invested in C.D. Accounts;
$644.98 is in the Savings Account; and $6,786.15 is in the Checking Account.
On a motion by Frank Hand, supported by Bob Jankowski, it was
1i82-294 RESOLVED, that the Treasurer's Report be accepted as
submitted by Mr. Helmkamp.
A roll call vote was taken on the foregoing motion with the following results:
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AYES: Hand, Helmkamp, Jankowski, Kavanaugh, Mardiros, Ventura, Telman
NAYS: None
Mr. Gilmartin advised the Directors that copies of the Industrial Development
Commission's Annual Report was enclosed in their packets for their information. In
addition, a copy of the EDC's tentative annual report was enclosed for their review.
The report has not been circulated yet.
Mr. Ventura suggested that the Board of Directors review the annual reports and
reserve any further action until the next regular meeting in January so that they
will have time to study the report.
Mr. Christopher Ziomek was present to represent the Rislco-Ziomek Funeral Home,
which has applied to the EDC for an Inducement Resolution this evening He explained
that the Risko-Ziomek Funeral Home, Inc. has proposed the construction of an 8,500
sq. ft. barrier free funeral home at the northwest corner of Wayne and Joy Roads in
Section 33. They presently operate a home in Detroit; however, many of the families
they have dealt with over the years are moving out to the suburbs. They believe there
is a need for them in Livonia. The Detroit unit would continue to operate. The
Livonia facility would hire all new people. It would be advantageous to their
clientele and the company itself to have a facility in Livonia.
*Mr. Plalcas arrived at 5:17 p.m.
The applicant has negotiated with the owners of the property and has made an
offer to purchase contingent on the EDC financing and the rezoning of the property
to PS from RUF.
Mr. Hand asked Mr. Ziomek how long they have on their offer to purchase the
property. Mr. Ziomek said they have until the 15th of next month. Mr. Hand and
Mr. Ventura both thought it would be impossible to accomplish the rezoning in that
time period. However, Mr. Ziomek felt confident that they would not have any trouble
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with the rezoning and that the owners of the property would give them an extension.
Mr. Hand questioned whether the inducement resolution should be for $400,000 as
indicated on the application, or $750,000 as stated on the prepared Inducement
Resolution. Mr. Ziomek said they only wanted the Inducement Resolution to read
$400,000.
On a motion by Mr. Mardiros, supported by Mrs. Kavanaugh, it was
#82-295 WHEREAS, there has been presented to the Board of Directors
of The Economic Development Corporation of the City of Livonia (the
"Corporation") a proposal relating to the construction and operation
of a new funeral home, with furnishings and equipment, and the land
therefor to be located in the City of Livonia, County of Wayne,
Michigan (the "Incorporating Unit") for use by Risko-Ziomek, Inc.,
a Michigan corporation (the "Company"); and
WHEREAS, said proposal appears to have merit as a "Project" as
defined in Act 338, Michigan Public Acts of 1974, as amended (the "Act"),
and to meet the need for programs, services and facilities as described
in the Act; and
WHEREAS, although a "Project Plan" as defined in the Act has not
yet been completed or approved with respect to the proposed facility (the
"Project"), it is likely that the Project will require issuance of revenue
bonds by the Corporation; and
WHEREAS, it is desirable to begin proceedings under the Act with
respect to the Project and to retain the services of bond counsel to begin
preparation of documents with respect to such revenue bonds in order to
induce the Company to implement the proposal so as to provide to the
Incorporating Unit and its citizens necessary programs, services and facilities;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Pursuant to Section 8(1) of the Act, the Board of Directors of
the Corporation upon the advice of the Company hereby proposes that the
land area described in Exhibit A attached hereto and made part hereof is
the land area which will be acquired in the implementation of the Project
and hereby designates to the Incorporating Unit's legislative body said
land area described in Exhibit A as the project area for the Project.
2. The Secretary of the Corporation be and is hereby directed to
(a) communicate the proposed project area boundaries to the aforesaid
legislative body by conveying to the foregoing body a certified copy of
this resolution, and (b) notify the Chief Executive Officer of the Incor-
porating Unit of this Corporation's intent to commence a project that two
additional directors of the Corporation representative of neighborhood
residents and business interests likely to be affected by the proposed
Project may be appointed.
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3. In order to more fully induce the location of the Project in
the proposed project area and subject to the hereinfafter special provisions,
the corporation will issue its economic development limited obligation
revenue bonds in an amount presently estimated not to exceed Four Hundred
Thousand Dollars ($400,000), for the purpose of paying all or part of the
costs of the Project and the costs incidental to the issuance of the bonds.
Said bonds will be issued pursuant to the Act provided that a lease, lease
purchase contract, installment sales contract or loan agreement, and other
documents and details pertaining to the bonds are prepared with such
provisions and details as are acceptable to and approved by this Board of
Directors and provided, further, that all other necessary action is taken
in conformance with the Act and provided, further, that the bonds can be
sold.
4. The proceedings and agreements relating to the Corporation's
financial assistance of the Project and issuance of the bonds shall contain
such provisions and details as shall absolutely and completely make certain
that under no circumstances will the Corporation, the Incorporating Unit,
the State of Michigan or any of its taxpayers or citizens, ever be required
to pay the principal of and interest on, or any costs relating to the bonds
from tax revenues or other funds of such governmental units, and shall in
addition contain provisions fully protecting the Corporation, the Incorpora-
ting Unit and the State of Michigan against any other liability and all
costs relating to the bonds or the Project.
5. By adoption of this resolution the Corporation assumes no
obligation or liability to the Company for any loss or damage that may
result to the Company from the adoption of this resolution and all costs
and expenses in connection with the construction of the Project and all
costs of the issuance of the bonds and any and all other costs relating
to the acquisition, financing, ownership or operation of the Project shall
be paid from the proceeds of sale of the bonds or by the Company.
6. The firm of Miller, Canfield, Paddock and Stone of Detroit,
Michigan, is hereby designated and retained by the Corporation as bond
counsel with respect to the revenue bonds to be issued in connection with
the project, and is authorized and directed to prepare and submit to all
appropriate parties all proceedings, agreements and other documents as
shall be necessary or appropriate in connection with the issuance of such
bonds, to make application on behalf of the Corporation to the United
States Internal Revenue Service and other governmental agencies for
such income tax and other rulings and approvals as may be necessary in
relation to the issuance of such bonds, and the Secretary of this Corporation
is authorized to execute such powers of attorney and other documents as may
be appropriate in connection with the foregoing. The legal fees of Miller,
Canfield, Paddock and Stone for work done in connection with the Project
shall be paid from the proceeds of sale of such bonds or by the Company
and in any event shall be at no cost to the Corporation.
A roll call vote was taken on the foregoing motion with the following results:
AYES: Hand, Helmkamp, Jankowski, Kavanaugh, Mardiros, Plalcas, Telman,
Ventura
NAYS: None
The Chairman declared the resolution adopted.
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At this time, Councilman Fernon Feenstra was introduced to the Board of
Directors. He explained how about two weeks ago, after a meeting between him and
the Mayor, a committee was formed to help a company who had been a victim of a cruel
hoax -- Hygrades. He said they thought that the company and its employees could
benefit from some good publicity. There are approximately 20 people on this committee,
including department heads from the various City Departments, the Superintendent of
Schools, and the Chamber of Commerce. The basic premise was that the promotion would
not cost Hygrades anything. what Mr. Feenstra was seeking this evening was a commit-
ment from the Economic Development Corporation to donate $2,000 for this promotion.
He had attempted to talk with Mr. Ventura, the Chairman, but he was out of town. He
then talked with Mr. Hale, the Vice Chairman, who said he thought this was a worthy
project but suggested Mr. Feenstra talk to Mr. Ventura. Mr. Feenstra stated that he
believes this project would fall within the charter of the EDC because it would be
a business retention program.
The Chairman said he believed that the EDC could not make any decision as to
the use of the EDC funds without a resolution being passed by the board approving
such action.
Mr. Mardiros said that during this period when immediate action was required,
there was no resolution by City Council, no proclamation by the Mayor, and there
was a lot of discussion as to whether this was a worthy project. It was decided that
it was a worthy project and everyone just volunteered their time to help. He said he
knows of no project or anything that has received the favorable response of the
people as this project. And this is not only in Livonia, but throughout the state,
and throughout the country. This project portrays Livonia as a City concerned
about its business residents. If other companies hear about this in other cities or
states, they just might think about coming to Livonia. Mr. Mardiros continued, that
he thinks what we are doing speaks well of Livonia.
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Mr. Helmkamp said he thought this was a great project, but he was concerned
about this setting a precedent for the future.
Mr. Feenstra said this was supposed to be more of a volunteer thing. The EDC
is looking for ways to attract business, and this is a good way. The EDC has not
been committed, however; and if they turn this project down, there are other ways
to get money. "We can knock on doors."
Mr. Helmkamp said he would like bond counsel's opinion before passing any
definite resolution, as to whether this is a permissible use of EDC funds.
Mr. Plakas said he shares the Chairman's sentiments, but this a good viable
idea. Its enthusiasm has just spread over. This particular body is one of the few
creatures of government that seems to share positive aspects of business. The kinds
of projects that we undertake are good. He went on to say that he thinks what has
happened to Hygrades is a unique situation. His two main concerns were: (1) The
EDC does have a substantial amount of money to work with, keeping in mind that this
is for the EDC to operate over the years; he would hope that the burden of supporting
this project would be passed around. (2) He would like to have Mr. Neiman's opinion
as to whether or not this is permissible under the EDC bylaws. The way he reads them,
it is okay. He would recommend that the EDC participate on some financial basis,
maybe not to the magnitude of $2,000, but something to show that the EDC would stand
behind its community's industry.
The Chairman handed the gavel over to Mr. Jankowski.
On a motion by Mr. Ventura, supported by Mr. Hand, it was
RESOLVED, that this item be tabled until the January meeting
at which time we will have benefit of counsel and all the bills for
the Hygrade project will have been turned in.
A roll call vote was taken on the foregoing motion with the following results:
AYES: Hand, Ventura
NAYS: Helmkamp, Jankowski, Kavanaugh, Mardiros, Plakas, Telman
The motion was denied.
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Mr. Jankowski returned the gavel to Mr. Ventura.
On a motion by Mr. Helmkamp, supported by Mr. Mardiros, it was
#82-296 RESOLVED, that in the event that expenditure of funds from this
EDC is permissible under the applicable statutes and EDC Charter, the
Livonia EDC resolves to assist the "Hygrades' Week" activities by its
financial commitment in an amount to be determined, upon the presentment
and consideration of bills for expenses associated by the "Hygrades' Week"
activities.
A roll call vote was taken on the foregoing motion with the following results:
AYES: Hand, Helmkamp, Jankowski, Kavanaugh, Mardiros, Plakas, Telman,
Ventura
NAYS: None
The Chairman declared the resolution adopted.
On a motion by Mr. Mardiros, supported by Mrs. Kavanaugh, and
unanimously adopted, it was
#82-297 RESOLVED, that the Regular Meeting of December 9, 1982
of the Economic Development Corporation of Livonia be adjourned
at 5:55 p.m.
Respectfully subiitted,
Ron Ma
RM/mk
secretary