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HomeMy WebLinkAboutCOUNCIL MINUTES 1997-10-22 30520 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 22, 1997, 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 05 p m. Councilmember Duggan delivered the invocation Roll was called with the following result: Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, and Joe Laura. Absent: None. Elected and appointed officials present: Jack E. Kirksey, Mayor; 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, Linda McCann, Director of Community Resources, John Fegan, Director of Inspection; Michael T Slater, Director of Finance, and Robert J Beckley, Director of Public Works. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #838-97 RESOLVED, that the minutes of the 1,354th Regular Meeting of the Council of the City of Livonia, held October 8, 1997, are hereby approved as submitted. There was no audience communication at the beginning of the meeting. Councilmember Vandersloot congratulated Rita and Wayne County Commissioner Thaddeus McCotter on the birth of their new baby girl, Emilia Maureen, who was born yesterday, October 21, 1997 Councilmember Brosnan announced that a new award, "Angels Among Us", is to be presented to Debra J Bondi at a reception scheduled for October 30, 1997, at 5 30 p m at Alexsandra's Opa (formerly Bobby's Country House) Ms Bondi 30521 is the Executive Director of Seedlings Braille Books for Children, a company she started that supplies books nationwide Brosnan also announced that the annual "Invest in Youth" event, sponsored by the Livonia Family YMCA, is scheduled for November 21, 1997, at Burton Manor, with a 5 30 p m dinner and a silent and oral auction planned Councilmember Feenstra congratulated daughter, Kristen, and her new husband, Dino Poulos, on their October 4, 1997, marriage The wedding ceremony was held at the Nativity of the Virgin Mary Greek Orthodox Church A communication from the Engineering Division, dated October 15, 1997, re. status of the Hillcrest Court Development Project, located at Five Mile and Spanich Court on the east side of the Kroger store, was received and placed on file for the information of the Council A communication from the Engineering Division, dated October 15, 1997, re construction and restoration status of the Edgewood Sanitary Sewer Replacement Project was received and placed on file for the information of the Council Jack Downey, 15947 Ellen Drive, inquired about blacktop paving on Ellen Drive. A communication from the Engineering Division, dated October 15, 1997, re. construction status of the Pines of Winfield Subdivision and restoration work in Sheffield Estates was received and placed on file for the information of the Council A communication from the Department of Law, dated September 30, 1997, re the Consent Judgment with respect to Oakwood Healthcare System, et al v City of Livonia, Wayne County Circuit Court Case No 97-704696NZ, was received and placed on file for the information of the Council 30522 A communication from the Department of Law, dated October 2, 1997, re the Consent Judgment with respect to Thomas Guastello v City of Livonia, Wayne imp County Circuit Court Case No 95-531075CE, was received and placed on file for the information of the Council On a motion by Feenstra, it was RESOLVED, that the Council does hereby amend the Orders of the Day to add an X-item to the agenda. President Laura relinquished the Chair to the Vice President at 819 p m. to second the aforementioned motion A roll call vote was then taken on the motion to amend the Orders of the Day with the following result: AYES Feenstra and Laura. NAYS Duggan, Vandersloot, McGee, Taylor, and Brosnan. The Vice President declared the resolution denied The President resumed the Chair at 8 21 p m At the direction of the Chair, Item Nos. 1, 2, 3, 5, 17 and 19 were removed from the Consent portion of the agenda. On a motion by Brosnan, seconded by Duggan, it was #839-97 RESOLVED, that having considered a letter from Mr Michael L. Priest, PE, PS, Ashley Construction Co , Inc., dated October 1, 1997, requesting elimination of the sidewalk requirement on Huff Court only with respect to the development of the Castle Woods Subdivision located in the Southeast 1/4 of Section 19, the Council does hereby approve this request inasmuch as omitting the sidewalk on Huff Court would have no detrimental effect upon the neighboring properties due to the fact that this is a dead-end street and Lyndon Avenue will be provided with a sidewalk to service the neighboring area #840-97 RESOLVED, that having considered a letter from Ken Smith, dated October 2, 1997, to which is attached a petition for paving improvements, including storm drains, from residents of the 8800 block of Lamont, the Council does hereby refer the matter of negotiations with the City of Westland for storm sewer restrictor relief to the City Engineer and 30523 does further request that the City Engineer thereafter submit a report and recommendation to the Council regarding the result of these negotiations. #841-97 RESOLVED, that having considered a letter from Ken Smith, dated October 2, 1997, to which is attached a petition for paving improvements, including storm drains, from residents of the 8800 block of Lamont, and before determining to install an Alternate Ill improvement in this area, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended A communication from the Office of the City Clerk, dated October 1, 1997, re. the tax rate for the Livonia Public Schools for the 1997-98 school year was received and placed on file for the information of the Council #842-97 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated September 19, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1997, with respect to the City-owned scattered site properties listed Current Proposed 2 Bedroom $235 $245 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $320 $330 11910 Cardwell 21411 Arcola Ere 31220 Hathaway 19941 Deering 9880 Harrison 30524 11784 Arcola 33916 Five Mile L 4 Bedroom $385 $395 20120 Deering The above rents exclude utilities the Council does hereby concur in and approve of the recommended action. #843-97 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 29, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D.A. commodities to low income residents, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution. #844-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 3, 1997, and a report and recommendation from the Chief of Police, dated September 22, 1997, approved for submission by the Mayor, the Council does hereby approve of the request from Newburgh Group, Inc. for transfer of ownership of a 1997 SDD-SDM licensed business from Bottles and Stuff II, Ltd for a business located at 15365 Newburgh Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #845-97 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 21, 1997, and a report and recommendation from the Chief of Police, dated September 24, 1997, approved for submission by the Mayor, the Council does hereby approve of the request from Mid 5 Party Store, Inc. for transfer of ownership of a 1997 SDD-SDM licensed business from Mohamed J Saad, for a business located at 15254 Middlebelt Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #846-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 22, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Morton Salt, Inc., 100 30525 N Riverside Plaza, Chicago, Illinois 60606, of 75% of the City's requirement of rock salt used for ice control at the unit price bid of$28 13 per ton for the period through April 15, 1998, submitted to the Consortium of Farmington Hills, Southfield and the Southfield School District, the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize the purchase from Cargill Salt, Inc., 24950 Country Club Boulevard, Suite 450, North Olmsted, Ohio 44070, of 25% of the City's requirement of rock salt used for ice control at the unit price bid of$29 78 per ton, the same having been in fact the second lowest bid received for this item; FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-463-784-000 for this purpose #847-97 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 1, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc., 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for City streets during the 1997-98 snow season for snow falls of over four (4") inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached letter dated October 10, 1997, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #848-97 RESOLVED, that having considered a communication from the Director of Finance, dated October 3, 1997, approved for submission by the Mayor, concerning the subject of the renewal of the City's liability and property insurance coverage, the Council does hereby refer this subject to the Finance, Insurance and Budget Committee (October 28, 1997 meeting) for its report and recommendation A communication from the Department of Law, dated September 25, 1997, re administrative response to CR 770-97 - proposed purchase of Ward Evangelical Presbyterian Church property located at 17000 Farmington Road was received and placed on file for the information of the Council #849-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 770-97, concerning the proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the Council does hereby refer this matter and the subject of financing such purchase to the Mayor for his report and recommendation 30526 #850-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 770-97, concerning the proposed purchase of property located at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the Council does hereby refer this matter to the Capital Improvement Committee for its report and recommendation A communication from the Engineering Division, dated September 25, 1997, re administrative response to CR 791-97 - an outline of the "Uniform Criteria for Major Streets" published by the Michigan Department of Transportation in connection with the classification of Henry Ruff between Schoolcraft and Five Mile Roads -was received and placed on file for the information of the Council #851-97 RESOLVED, that having considered a communication from Council President Joe Laura, dated October 7, 1997, concerning the subject of laptop computers for Councilmembers, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation #852-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor, and submitted pursuant to Council Resolutions 700-97, 701-97 and 702-97, transmitting proposed amendments to Subsections (b), (c), (d), (e) and (j) of Section 18 42A of Article XVIII of Ordinance No 543, as amended, pertaining to cellular towers, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the matter of whether such amendments should be made, and thereafter submit a report and recommendation to Council #853-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 8, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Countyline Contractors, Inc., 7615 Spencer Road, South Lyon, Michigan 48178-9624, for completing all work required in connection with the Botsford Park Improvements Project (Contract 97-K) for the sum of$19,376 00; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $19,376 00 from the Unexpended 30527 Fund Balance of the Drainage Project Construction Fund No 465 for this purpose, 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 resolution, 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 #854-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Electricfil Corporation, dated September 23, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District No 68; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Monday, December 1, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, December 1, 1997, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application #855-97 RESOLVED, that having considered a communication from Derek and Elizabeth Patton, 28056 Mackenzie, Westland, Michigan 48185, dated October 2, 1997, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on September 30, 1997, by the City Planning Commission in its resolution 9-155-97 with regard to Petition 97-8-2-18, submitted by Derek and Elizabeth Patton requesting waiver use approval to utilize an existing building for a child day care nursery located on the west side of Middlebelt Road between Dover 30528 Avenue and Grandon Avenue in the Southeast 1/4 of Section 35, which property is zoned OS, the Council does hereby designate Monday, December 1, 1997, at 7 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #856-97 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, December 1, 1997, at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1) Petition 97-8-1-11, as amended, submitted by Elaine Beresh and Jack Shenkman for a change of zoning of property located on the southwest corner of Seven Mile and Newburgh Roads in the Northeast 1/4 of Section 7, from OS to C-1, the City Planning Commission in its resolution 9-152-97 having recommended to the City Council that Petition 97-8-1-11, as amended, be denied; and (2) Petition 97-8-1-12, submitted by Giuseppe Mainella, Antonio Russo and Joseph Padula for a change of zoning of property located on the west side of Wayne Road between Ann Arbor Trail and Joy Road in the Southwest 1/4 of Section 33, from OS to C-2, the City Planning Commission in its resolution 9-153-97 having recommended to the City Council that Petition 97-8-1-12 be denied, 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 30529 A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS None A communication from the City Attorney and the Director of Inspection, dated October 20, 1997, re the legality of placing two (2) political signs on the same support structure was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #857-97 RESOLVED, that having considered a communication from the City Attorney and the Director of Inspection, dated October 20, 1997, submitted pursuant to a request from Councilmember Fernon P Feenstra, the Council does hereby refer the subject matter of whether two (2) or more 2' x 6' political signs on common supports constitutes excessive political signage to the Legislative Committee for its report and recommendation A communication from the Engineering Division, dated October 15, 1997, re status of the proposed special assessment district for the paving of Ashurst, north of Five Mile Road, was received and placed on file for the information of the Council A communication from the City Attorney and the Director of Inspection, dated October 17, 1997, re the issuance of appearance tickets for code violations by Inspection Department personnel was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #858-97 RESOLVED, that the Council does hereby refer to the Department of Law for the preparation of an ordinance as recommended in a communication dated October 17, 1997, to authorize the Chief Building Inspector to issue citations for code violations 30530 On a motion by McGee, seconded by Vandersloot, and unanimously adopted, it was #859-97 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the issue of Building Inspectors having the power to write civil infractions citations. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #860-97 RESOLVED, that the Council does hereby refer to the Inspection Department for a report and recommendation on the issue of Building Inspectors having the power to write civil infractions citations. A communication from the Engineering Division, dated October 20, 1997, re• additional information on the reduction of the general improvement bond for Castle Woods Subdivision, located in the Southeast 1/4 of Section 19, was received and placed on file for the information of the Council. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: #861-97 RESOLVED, that having considered the reports and recommendations of the City Engineer, dated September 25, 1997 and October 20, 1997, approved for submission by the Mayor, the Council does hereby amend item no 7 of Council Resolution 54-97, adopted on January 29, 1997, so as to reduce the financial assurances now on deposit with the City for general improvements in the Castle Woods Subdivision, located in the Southeast 1/4 of Section 19, to $4,070 00 of which at least $2,000 00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and that the Sidewalk Improvement Bond be reduced to $4,900 00 of which at least $1,000 00 shall be in cash, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged. A communication from the Engineering Division, dated October 20, 1997, re revisions to the proposed contract for design services for the Seven Mile Road 30531 Paving Improvement Project was received and placed on file for the information of the Council On a motion by Taylor, seconded by McGee, and unanimously adopted, it was #862-97 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated October 6, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc. for design services for the Seven Mile Road Paving Improvement Project in an amount not to exceed $517,480 00, the Council does hereby approve the contract as revised pursuant to a letter from the City Engineer, dated October 20, 1997, subject to the final selection of services by the City; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $472,480 00 from the General Obligation Road Bond Issue Fund 486 and a sum not to exceed $45,000 00 from the $5 Million Water Revenue Bond for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein 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 140D2 of the Livonia Code of Ordinances, as amended. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was: #863-97 RESOLVED, that having considered a letter from Deborah Antosiewicz, St. Edith School, dated October 6, 1997, which requests permission to place signs announcing a rummage sale to be conducted on Friday, November 7, 1997, which signs would be installed on November 1, 1997, and removed on November 7, 1997, and would consist of one 4' x 4' sign in front of St. Edith School and several 2' x 1' signs at the following intersections 1-96 and Middlebelt, N E. corner 1-96 and Merriman, N E corner 1-96 and Farmington, N E corner 1-96 and Levan, N E corner 30532 1-96 and Newburgh, N E corner Plymouth and Middlebelt, N W corner Seven Mile and Middlebelt, S W corner Seven Mile and Farmington, S W corner Newburgh and Eight Mile, S W Corner Newburgh and Seven Mile, S W Corner Newburgh and Six Mile, S W Corner Newburgh and Five Mile, S W Corner the Council does hereby approve and grant this request in the manner and form herein submitted On a motion unanimously introduced, seconded and adopted, it was #864-97 WHEREAS, the purpose of the Livonia Community Foundation is to provide a stable, substantial and long-term source of funding for many and various civic, charitable and cultural needs of the community; and WHEREAS, the Livonia Community Foundation is a means to supplement monies available through traditional funding sources, and WHEREAS, all donations to the Livonia Community Foundation are held in trust to provide an investment endowment, the income from which is used for community foundation purposes, and WHEREAS, the source of said funding includes donations from individuals and/or their estates, and business entities, including partnerships and corporations, and WHEREAS, the Livonia Community Foundation is a bona fide and certified charitable trust under Federal regulations (Section 501 3C) and State law wherein donations to the Foundation are tax deductible under Federal law and receive preferential tax credits under Michigan law; WHEREAS, donors to the Livonia Community Foundation help provide for Livonia's future quality of life and may direct the use of the donations, according to the donor's particular interests, and WHEREAS, the Livonia Community Foundation, in the spirit of goodwill, charity and generosity is seeking donations from individuals and businesses in order to create that permanent source of funding for the various historical, cultural, civic, and charitable needs of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council hereby proclaim the month of November, 1997, to be Livonia Community Foundation Month and encourage any and all, able 30533 and willing to contribute, to give generously to the Livonia Community Foundation On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #865-97 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1997, submitted pursuant to Council Resolution 751-97, and the report and recommendation of the Department of Law, dated October 17, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 640- 97, in connection with the Defined Contribution Retirement Plan, the Council does hereby approve the Qualified Group Fixed and Variable Deferred Annuity Contract and Letter Agreement modifying same, the Services Agreement for Plan Administration, Recordkeeping and Communication Services between the City of Livonia and Great-West Life & Annuity Insurance Company, Financial Administrative Services Corporation, and Benefits Communication Corporation, 8515 East Orchard Road, Englewood, Colorado 80111, and adopt the Money Purchase Plan & Trust attached to the Letter Agreement; and the Mayor and City Clerk are hereby authorized to execute the above documents, for and on behalf of the City of Livonia, with the aforesaid provider and to do all things necessary or incidental to the full performance of this resolution. A communication from the Civil Service Commission indicating their approval of the proposed Defined Contribution Plan Ordinance, as adopted at their Special Meeting of September 24, 1997, was received and placed on file for the information of the Council On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #866-97 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia. 30534 (a) The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1.2407 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amounts authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0142 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2.1313 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 0292 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, 30535 for the purpose of debt retirement on the 1965 and 1968 Fire Station Bond Issue, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 3519 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of 5115 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by McGee, seconded by Taylor, it was. RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 1997, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as revised, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 6, 1997, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 28, 1997, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. On a motion by Feenstra, seconded by Brosnan, it was. 30536 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 1997, pursuant to Section 3, Chapter VII of the City Charter, is hereby adopted, as amended by the deletion of the line item for all vehicles and vehicle expenses for Department Heads and substituted in lieu thereof a $360 00 per month car allowance for all Department Heads. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra. NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura. The President declared the resolution denied On a motion by Feenstra, seconded by McGee, it was. RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 1997, pursuant to Section 3, Chapter VII of the City Charter, is hereby adopted, as amended to provide for a 5% raise in salary for the Housing Director and the Planning Director A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra. NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura. The President declared the resolution denied. On a motion by Feenstra, seconded by McGee, it was. RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 1997, pursuant to Section 3, Chapter VII of the City Charter, is hereby adopted, as amended to delete the $25,000 00 line item for Economic Development payment to the Livonia Chamber of Commerce and substitute in lieu thereof a reimbursement plan in the same amount. 30537 A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra. iirsv NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura. The President declared the resolution denied. A roll call vote was then taken on the original resolution by McGee, seconded by Taylor, as follows #867-97 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1997, and ending November 30, 1998, as shown in the Budget document in Section I, submitted by the Mayor to the Council on September 15, 1997, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as revised, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 6, 1997, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 28, 1997, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting with the following result: AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura. NAYS Feenstra. The President declared the resolution adopted Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 08 (ELECTRICAL CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 30538 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. Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF CHAPTER 12 (ELECTRICAL LICENSING) OF TITLE 15 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. Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 060, CHAPTER 04 (BUILDING CODES) OF TITLE 15 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. Item #28, the proposed amendment to the Zoning Ordinance giving First Reading to Petition 97-6-1-8, was moved to the Regular Meeting of November 5, 1997, at the direction of the Chair (CR 832-97) A communication from the Department of Law, dated October 7, 1997, re. administrative response to CR 793-97 - the subject of which employees or officials, if any, are subject to the provisions of either an ethics ordinance or an ethics code in each Michigan city with a population of 50,000 or more - was received and placed on file for the information of the Council 30539 The revised proposed Ethics Ordinance, prepared by the Department of Law, dated October 16, 1997, was received and placed on file for the information of the Council A communication from the Department of Law, dated October 20, 1997, re Legal Opinion No 97-2 with respect to the legality of the proposed Ethics Ordinance was received and placed on file for the information of the Council A communication from the Office of the Mayor, dated October 21, 1997, re. transmitting Legal Opinion 97-2 to the Council was received and placed on file for the information of the Council A communication from Council Member Michael P McGee, dated October 16, 1997, re comments relative to the proposed Ethics Ordinance was received and placed on file for the information of the Council A communication from Council Member Michael P McGee, dated October 22, 1997, re. comments relative to proposed changes to the Ethics Ordinance was received and placed on file for the information of the Council McGee took from the table, for second reading and adoption, the following Ordinance, as amended. AN ORDINANCE ADDING CHAPTER 200 (ETHICS) TO TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor NAYS Laura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 30540 The Council President relinquished the Chair to the Vice President at 930 p m in order to speak to this subject matter On a motion by Feenstra, seconded by Taylor, it was #868-97 RESOLVED, that the Council does hereby determine to convene an Advisory Committee on campaign finance and campaign ethics on the local level A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor NAYS Laura. The President declared the resolution adopted Janet Cooper, Chair of the Livonia Citizens Advisory Committee, congratulated the Council and the administration for adopting this Ethics Ordinance, George Boller, 36270 Hammer, stated his opposition to the adoption of this ordinance and indicated that a Code of Ethics is what should have been adopted, and Bob Snyder, 16774 Ronnie Lane, congratulated everyone involved with the adoption of this ordinance The President resumed the Chair at 9.34 p m On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #869-97 RESOLVED, that having considered a request from M P Panich, Pastor of the Cornerstone Family Worship Center, dated October 1, 1997, to which is attached an appraisal of certain City-owned property located on the east side of Newburgh Road, north of Ann Arbor Trail (Lot 735 of Supervisor's Livonia Plat No 12), more particularly described as Lot 735, except the west 27' thereof, Supervisor's Livonia Plat No 12, T 1 S , R. 9 E., Liber 66, Page 65, Wayne County Records, City of Livonia, Wayne County, Michigan the Council does hereby accept the offer of and authorize the sale of the aforesaid City-owned property to Cornerstone Family Worship Center, 36972 Ann Arbor Trail, P 0 Box 510416, Livonia, Michigan 48151, for a total purchase price of$20,000 00, which sale is conditioned upon the City retaining a 27 foot wide strip of land along Newburgh Road for right- 30541 of-way purposes and which sale is further conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interest of the community and in accordance with Section 3 05 090A of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a Quit Claim Deed and such other documents as may be necessary or incidental to the full performance of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction. On a motion by Feenstra, seconded by Vandersloot, and unanimously adopted, it was. #870-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1997, which transmits its resolution 9-167-97, adopted on September 30, 1997, with regard to a Sign Permit Application, submitted by J Alexander's Restaurant, requesting approval for signage for the restaurant located at 19200 Haggerty Road in the Southwest 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 1 That the Sign Package submitted by J Alexander's Restaurant as received by the Planning Commission on September 16, 1997, is hereby approved and shall be adhered to, except for the fact that neon shall be allowed only on the north elevation of the building: and 2 That the signage shall not be illuminated beyond one hour after the restaurant closes. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: #871-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1997, which transmits its resolution 9-165-97 adopted on September 30, 1997, with regard to Petition 92-10-2-42, submitted by Costco Companies, Inc. requesting approval for signage and to revise the site and elevation plans that were approved in connection with the building of a commercial building located at 13700 Middlebelt Road in the Northwest 1/4 of Section 25, the Council does tap hereby concur in the recommendation of the Planning Commission and the revision to Petition 92-10-2-42 is hereby approved and granted, subject to the following conditions 30542 1 That the Site Plan marked Drawing SP-1 dated June 17, 1997, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2. That the Landscape Plan marked Drawing L-1 dated June 27, 1997, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5 That the Exterior Building Elevation Plan marked DD3 3, dated October 15, 1997, as revised, prepared by Mulvanny Partnership, is hereby approved and shall be adhered to, 6 That the signage shown on the approved Elevation Plans is hereby approved and shall be adhered to, 7 That there shall be no outside storage of merchandise or materials, and 8 That there shall be no general automotive service conducted at this location. Sonny Vinberg, Mulvanny Partnership, spoke to the aforementioned matter On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #872-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 1, 1997, which transmits its resolution 9-166-97 adopted on September 30, 1997, with regard to Petition 92-11-2-48, submitted by Costco Companies, Inc. requesting approval for signage and to revise the site and elevation plans that were approved in connection with the building of a 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 the revision to Petition 92-11-2-48 is hereby approved and granted, subject to the following conditions 30543 1 That the Site Plan marked Drawing SP-1 dated June 30, 1997, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked DD3 2 dated October 15, 1997, as revised, prepared by Mulvanny Partnership, is hereby approved and shall be adhered to, 3 That the signage shown on the approved Elevation Plan is hereby approved and shall be adhered to, and 4 That there shall be no general automotive service conducted at this location. A communication from the Department of Finance, dated October 16, 1997, re delinquent accounts receivable balances with respect to Costco Companies was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #873-97 RESOLVED, that having considered a communication from the City Planning Commission, dated October 7, 1997, which transmits its resolution 9-161-97, adopted on September 30, 1997, with regard to Petition 97-9-2-24, submitted by Alan Tanski requesting waiver use approval for the display and sale of used cars on property located on the southeast corner of Plymouth Road and Laurel Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Vandersloot, seconded by Duggan, and unanimously adopted, it was #874-97 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, regarding the selection of a consultant to provide design services for various Wayne County Road Resurfacing Projects consisting of the resurfacing of Farmington Road (Five Mile Road to Six Mile Road), the resurfacing of Five Mile Road (Merriman Road to Middlebelt Road), the resurfacing of Middlebelt Road (Joy to Plymouth Road) and the resurfacing of Middlebelt Road (1-96 to Five Mile Road), the Council does hereby concur in the 30544 selection of Spalding, DeDecker & Associates, Inc., 905 South Boulevard East, Rochester Hills, Michigan 48307-5358, and Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills, Michigan 48303-0824, for the design services necessary for the Wayne County Road Resurfacing Projects in Livonia, and the administration is hereby authorized to begin negotiations with such firms and to thereafter submit proposed agreements to Council for its consideration On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #875-97 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 25, 1997, approved for submission by the Mayor and submitted pursuant to Council Resolution 757-97, regarding the subject of trees blocking signage and responsibility for the care, removal or alteration of trees and plant material and a proposed amendment to Section 19 06 of the Zoning Ordinance to provide greater flexibility for a property owner to remove or alter plant material which is blocking signage and is otherwise a hazard therein, and in accordance with the provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #876-97 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from EPI Printers, Inc., dated August 11, 1997, covering new industrial facilities to be located within City of Livonia Industrial Development District No 54, 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 EPI Printers, Inc, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m., Wednesday, October 1, 1997, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 30545 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, EPI Printers, 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 EPI Printers, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 54 for 8 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 Facility 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 facility exemption certificates On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #877-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 22, 1997, setting forth its resolution 8-139-97 adopted on August 19, 1997, with regard to Petition 97-7-1-10, submitted by Danny Veri for a change of zoning of property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Southwest 1/4 of Section 32, from R-1 to RC, and the Council having conducted a public hearing with regard to this matter on October 1, 1997, pursuant to Council Resolution 722-97, the Council does hereby approve Petition 97-7-1-10 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 30546 ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was. #878-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1997, which sets forth its resolution 8-134-97 adopted on August 19, 1997, with regard to Petition 97-5-6-2, submitted by the City Planning Commission, pursuant to Section 23 01(a) of Ordinance #543, as amended, and Council Resolution 162- 97, to determine whether or not to amend Article XVIII of Zoning Ordinance #543 by adding Section 18 34A so as to implement size restrictions on condominiums by requiring a letter suffix designation to control density in said zoning district, and the Council having conducted a public hearing with regard to this matter on Monday, October 13, 1997, pursuant to Council Resolution 744-97, the Council does hereby approve Petition 97-5-6-2 for preparation of the ordinance for submission to Council, and 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 Vandersloot, and unanimously adopted, it was #879-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1997, which sets forth its resolution 8-135-97 adopted on August 19, 1997, with regard to Petition 97-5-6-3, submitted by the City Planning Commission, pursuant to Section 23 01(a) of Ordinance #543, as amended, and Council Resolution 195- 97, to determine whether or not to amend Section 2.10 of Article II, Section 4 03 of Article IV and Section 10 02 of Article X of Zoning Ordinance #543, as amended, for the purpose of establishing guidelines for bed and breakfast establishments, and the Council having conducted a public hearing with regard to this matter on Monday, October 13, 1997, pursuant to Council Resolution 744-97, the Council does hereby approve Petition 97-5-6-3, as modified, to allow for such use on a lot 1/2 acre or more in size or with respect to a minimum building size of 2,000 sq ft. for preparation of the ordinance for submission to Council, and 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 Vandersloot, and unanimously adopted, it was 30547 #880-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1997, which sets forth its resolution 8-136-97 adopted on August 19, 1997, with regard to Petition 97-5-6-4, submitted by the City Planning Commission, pursuant to Section 23 01(a) of Ordinance #543, as amended, and Council Resolution 254- 97, to determine whether or not to amend Section 18 47(b) of Article XVIII of Zoning Ordinance #543, to require the filing of an approved color rendering for signs where said signs require City Council and City Planning Commission review, and the Council having conducted a public hearing with regard to this matter on Monday, October 13, 1997, pursuant to Council Resolution 744-97, the Council does hereby approve Petition 97-5-6-4, as modified so as to provide that the color rendering must have colors designated, for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #881-97 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 1997, which sets forth its resolution 8-137-97 adopted on August 19, 1997, with regard to Petition 97-7-6-5, submitted by the City Planning Commission, pursuant to Section 23 01(a) of Ordinance #543, as amended, and Council Resolutions 235- 97 and 563-97, to determine whether or not to amend Section 23.05 of Article XXIII of Zoning Ordinance #543, as amended, so as to shorten the length of time between receipt of a petition to a recommendation being made to the City Council by the City Planning Commission from 90 days to 60 days, and the Council having conducted a public hearing with regard to this matter on Monday, October 13, 1997, pursuant to Council Resolution 744-97, the Council does hereby approve Petition 97-7-6-5 for preparation of the ordinance for submission to Council, and 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 Duggan, and unanimously adopted, it was #882-97 RESOLVED, that having considered a communication from the Department of Law, dated September 25, 1997, transmitting for Council acceptance a Quit Claim Deed, more particularly described as follows 30548 Quit Claim Deed, dated May 19, 1997, executed by Tri-Mount Harrison Woods Building Co , Inc. to the City of Livonia for the property described as follows Commencing at the North 1/4 corner of Section 12, T 1 S , R.9 E., City of Livonia, Wayne County, Michigan. Thence N 89°56'30" W , 164 56 feet along the E-W 1/4 Section Line of Section 12 Thence S 00°27'00" West, 60 00 feet; thence S 89°56'30" E., 164 56 feet; thence N 88°52'29" E , 169 90 feet; thence N 00°27'00" E , 17 00 feet; thence N 88°52'29" W , 169 90 feet; thence N 00°27'00" E , 43 00 feet to the Point of Beginning. (Seven Mile Road Right-of-Way - 046-99-0050-000 and 045-03- 0060-000 and 045-03-0062-000) 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 do all 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 Taylor, and unanimously adopted, it was. #883-97 RESOLVED, that having considered a communication from the Department of Law, dated October 10, 1997, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the City Engineer, and is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire property located at 36730 Seven Mile Road, owned by Raymond Kryda, more particularly described as follows That Part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan described as beginning at a point South 89D 14M 30S East, 1893 13 feet and North OOD 22M OOS East, 33 00 feet from the Southwest 1/4 corner of Section 5 thence North OOD 22M OOS East, 105 00 feet; thence South 89D 14M 30S East, 55 00 feet; thence South 38D 53M 10S East, 72 70 feet, thence South OOD 22M 00S West, 49 02 feet; thence North 89D 14M 30S West, 101 00 feet to the Point of Beginning. 0 21 Acres subject to the following conditions 1 That the purchase price shall be in the sum of $95,000 00; 30549 2 That the City of Livonia shall pay relocation benefits, plus prorated taxes, closing and moving costs pursuant to applicable state and federal regulations in the sum not to exceed $22,500 00; BE IT FURTHER RESOLVED, that a sum not to exceed $117,500 00 is hereby authorized to be expended from proceeds of the sale of the $12 Million General Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of- way (hereafter the "bond proceeds"), that the sum of$900 00 is hereby authorized to be expended to pay for the appraisal of the subject property by R. S Thomas & Associates, Inc., and that the sum of$300 00 is hereby authorized to be expended to pay for the review of said appraisal performed by Dean Appraisal Company, with such amounts to be expended from the bond proceeds, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, 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 Brosnan, and unanimously adopted, it was #884-97 RESOLVED, that having considered a letter from the Assistant Personnel Director, dated September 29, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 664-97 so as to have the same read as follows: RESOLVED, that having considered a communication from the Assistant Personnel Director, dated July 18, 1997, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on July 17, 1997, wherein the Commission recommends an amendment to the Classification of Positions Plan with the establishment of the classification of Public Relations Specialist, with the following salary schedule BIWEEKLY ANNUAL STEP 1 $1,612 00 $41,912.00 STEP 1 5 1,643 20 42,723 20 STEP 2 1,674 40 43,534 40 STEP 3 1,740 80 45,260 80 30550 STEP 4 1,80640 46,966 40 STEP 5 1,878 40 48,838 40 illio the same benefits (i e , longevity, vacation credit, sick leave, dental, optical, medical benefits, etc.) as extended to other full-time classified Civil Service employees shall be afforded this position, the Council does hereby concur in and approve of the aforesaid action, except that such positions shall be limited to two (2) positions and shall be designated as Technical Specialist. During audience communication, George Boller, 36270 Hammer, spoke to the election process and his concerns about the privacy of absentee ballots, as well as the Election Commission. On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,355th Regular Meeting of the Council of the City of Livonia was adjourned at 1035 p m., October 22, 1997 • ( ,()--11.11,17L,1 an McCotter, City Clerk