Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2003-10-22 34310 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-NINTH REGULAR MEETING OF OCTOBER 22, 2003 On October 22, 2003, 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 Brosnan delivered the invocation Roll was called with the following result. Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, and Jack Engebretson Absent: - None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance and Alan Brandemihl, Fire Chief On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was CR 536-03 RESOLVED, that the minutes of the 1,498th Regular Meeting of the Council held October 8, 2003 are hereby approved as submitted There was no audience communication Council President Engebretson announced the following item that will be scheduled for a Public Hearing to be held on Monday, December 1, 2003 at 7-00 P M in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Petition 2003-08-01-15 submitted by Golf Ridge Properties, LLC, on behalf of Glen Eden Church, Inc., requesting to rezone property located on the south side of Eight Mile Road (part of Glen Eden Memorial Park) between Ellen and Newburgh Roads in the North 1/2 of Section 5 from AG to RC On a motion by Vandersloot, seconded by Dolan, it was CR 537-03 RESOLVED, that having considered a letter from Debby Ferris and Cathy Truszkowski, on behalf of the Stevenson High School Regular Meeting of October 22, 2003 34311 Booster Club, dated September 27, 2003, which requests permission to display wire signs advertising the Stevenson High School Booster Club's Fall craft show to be conducted on Saturday, November 1, 2003, and a Spring craft show to be conducted on Saturday, March 27, 2004, which signs are to be installed no earlier than Saturday, October 25, 2003, and removed no later than Sunday, November 2, 2003, for the Fall craft show and installed no earlier than Saturday, March 20, 2004, and removed no later than Sunday, March 28, 2004, for the Spring craft show, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Office of the City Clerk, dated September 25, 2003, re forwarding the tax rate for the Clarenceville School District's 2003-04 school year as approved by the Board of Education on June 12, 2003, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated September 30, 2003, re forwarding the new millage rate approved by the Board of the Wayne County Transit Authority on September 24, 2003, to be collected by the City on December 1, 2003, was received and placed on file for the information of the Council CR 538-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 25, 2003, and the report and recommendation of the Chief of Police, dated September 23, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Wintergarden, LLC , for a new Entertainment Permit without Dressing Rooms in conjunction with a 2003 Class C and SDM License for a business located at 33320-33326 Seven Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 539-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 28, 2003, and the report and recommendation of the Chief of Police, dated September 26, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia GR., Inc., for transfer of ownership of a 2003 Class C License with Dance-Entertainment Permit without Dressing Rooms from Ground Round, Inc (a Delaware Corporation), for a business located at 17050 5 Laurel Park Drive, Livonia, Michigan 48154, Wayne Regular Meeting of October 22, 2003 34312 County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 540-03 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 23, 2003, 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 January 1, 2004, with respect to the City-owned scattered site properties as follows Current Proposed 2 Bedroom $315 $330 29149 Morlock 20121 Floral 27545 Long 3 Bedroom $400 $415 11910 Cardwell 21411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 10033 Garden 35546 Orangelawn 12092 Arcola 20222 St. Francis 4 Bedroom $465 $480 20120 Deering The above rents exclude all utilities The Council does hereby concur in and approve of the recommended action CR 541-03 RESOLVED, that having considered the report and recommendation of the Director of Housing, dated October 1, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of First Contracting, Inc , P 0 Box 1190, Okemos, Michigan 48805, for completing all work required with respect to the rehabilitation of three single-family homes located at 33916 Five Mile, 35546 Orangelawn and 12092 Arcola, for the total price of $83,382 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of $83,382 00 from funds Regular Meeting of October 22, 2003 34313 already budgeted in Account No 233-832-818-000 (CDBG) for this purpose, and the Director of Housing is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Director of Housing is 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 CR 542-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 6, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Lease Agreement between the City of Livonia and the Livonia Chamber of Commerce for property located at 33233 Five Mile Road, Livonia, Michigan 48154, to be used as a Livonia Welcome Center and Chamber of Commerce Offices for the period beginning November 1 , 2003 through October 31, 2006, the Council does hereby approve of the aforesaid Lease Agreement and authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution CR 543-03 RESOLVED, that DeSanto Development Company, LLC, as proprietor, having requested the City Council approve the proposed Curtis Creek Site Condominium Development in the Southeast 1/4 of Section 11 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the Site Plan for the Condominium was given by the City Planning Commission on February 26, 2002, and by the City Council on March 27, 2002, and it further appearing the such Site Plan, together with Development Plans and Specifications for Improvements have been examined and approved by the Engineering Division as set forth in the report of that Division dated September 29, 2003, and the City Council having approved the Master Deed on March 27, 2002, in Council Resolution 181-02, therefore, the City Council does hereby establish the following requirements (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such Division, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; Regular Meeting of October 22, 2003 34314 (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $112,000 00, of which at least $ 5,000 00 shall be in cash (b) Sidewalk Bond $18,700 00, of which at least $ 5,000 00 shall be in cash (c) Grade & Soil Erosion Control Bond $ 3,600 00 (all cash) (d) Landscape/Entrance Markers $ 3,000 00, of which a least $ 1,500 00 shall be in cash and require cash payments in addition to the above amounts, in the total amount of $16,264 00 (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this condominium development; and Regular Meeting of October 22, 2003 34315 (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental streetlights are to be provided throughout the Condominium in accordance with City ordinances CR 544-03 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 2003, which transmits its resolution 09-124-2003, adopted on September 16, 2003, with regard to a request for approval of a revised site plan in connection with Petition 2001-03-08-15, submitted by Newport Park Condominiums, formerly known as Livonia Villa Condominiums, previously approved by the City Council in Council Resolution 357-01 , to construct a condominium development on property located at 9204 Middlebelt Road, on the east side of Middlebelt Road between Joy Road and Grandon in the Southwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby approve the revised site plan in connection with Petition 2001-03-08-15, subject to the following conditions 1 That the Site Plan marked Sheet CE-1 dated 9/19/03, as revised, prepared by The Building Design Group, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet A-1D dated 8/6/03, as revised, prepared by The Building Design Group, is hereby approved and shall be adhered to, 3 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient setback and any conditions related thereto, 4 That the Entrance Marker illustrated on the above-mentioned approved plan is hereby approved and shall be adhered to, with the exception that the square foot of sign area shall remain at 16 square feet and shall be substituted in place of the previously approved Entrance Marker; 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That all other conditions imposed by Council Resolution 357-01, which granted approval for the construction of a condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 545-03 RESOLVED, that having considered a communication from the Council President, dated October 3, 2003, to which is attached a proposed schedule of Council Study and Regular Meetings for the period Regular Meeting of October 22, 2003 34316 January 1, 2004, through December 31, 2004, the Council does hereby approve the following dates for City Council Meetings for 2004, subject to change with notice Study Meetings Regular Meetings JANUARY Wednesday, January 7 Wednesday, January 14 Wednesday, January 21 Wednesday, January 28 FEBRUARY Monday, February 2 Monday, February 9 Wednesday, February 18 Wednesday, February 25 MARCH Monday, March 1 Wednesday, March 10 Monday, March 15 Wednesday, March 24 APRIL Monday, March 29 Monday, April 5 Monday, April 12 Wednesday, April 21 MAY Monday, April 26 Wednesday, May 5 Monday, May 10 Wednesday, May 19 JUNE Monday, May 24 Wednesday, June 2 Monday, June 7 Wednesday, June 16 JULY Monday, June 21 Wednesday, July 7 Monday, July 12 Wednesday, July 21 AUGUST Monday, August 9 Monday, August 16 Monday, August 23 Monday, August 30 Regular Meeting of October 22, 2003 34317 SEPTEMBER Wednesday, September 8 Wednesday, September 15 Monday, September 20 Wednesday, September 29 OCTOBER Monday, October 4 Wednesday, October 13 Monday, October 18 Wednesday, October 27 NOVEMBER Wednesday, November 3 Wednesday, November 10 Monday, November 15 Monday, November 22 DECEMBER Monday, November 29 Monday, December 6 Monday, December 13 Monday, December 20 A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The Preliminary 2003-2004 Fiscal Year Budget 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 CR 546-03 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, 2003, and ending November 30, 2004, as shown in the budget, submitted by the Mayor to the Council on September 15, 2003, as amended to increase the budget for the Office of Emergency Preparedness, Dept 101-429 in the amount of $30,000 00 and to decrease the budget for Dept. 101-220 in the amount of $30,000 00, as well as to increase the budget for the 16th District Court, Dept. 101-141 in the amount of$15,305 00 and to decrease the budget for Dept. 101-220 in the amount of $15,305 00, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, 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 Regular Meeting of October 22, 2003 34318 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, 2003, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 28, 2003, 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 Taylor, seconded by Brosnan, and unanimously adopted, it was CR 547-03 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 0476 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2003, and ending November 30, 2004, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 0 8094 mills, of the Taxable 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 2143 mills, of the Taxable 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 0 8094 mills, of the Taxable 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 amount authorized to be levied for general municipal purposes, Regular Meeting of October 22, 2003 34319 (d) The Council does hereby establish a tax levy of 0 0114 mills, of the Taxable 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 L 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 0784 mills, of the Taxable 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 0 2757 mills, of the Taxable 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, (g) The Council does hereby establish a tax levy of 0 4984 mills, of the Taxable 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, (h) The Council does hereby establish a tax levy of 0 7861 mills, of the Taxable 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 providing additional revenues for a community recreation center, youth and recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, Regular Meeting of October 22, 2003 34320 (i) The Council does hereby establish a tax levy of 0 8900 mills, of the Taxable 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 providing revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount 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 Laura, it was RESOLVED, that having considered the report and recommendation of the Mayor, dated September 15, 2003, with regard to the proposed budget for the City of Livonia for the fiscal year ending November 30, 2004, the Council does hereby refer the facility and vehicle replacement priorities to the Capital Improvement Committee for its report and recommendation The proposed resolution failed for lack of support. On a motion by Laura, it was RESOLVED, that having considered the report and recommendation of the Mayor, dated September 15, 2003, with regard to the proposed budget for the City of Livonia for the fiscal year ending November 30, 2004, the Council does hereby refer the facility and vehicle replacement priorities to the Administration for its report and recommendation to be submitted to Council The proposed resolution failed for lack of support. A communication from the Department of Law, dated October 20, 2003, re proposed amendment to Section 23 05 of Article XXIII of Ordinance No 543, as amended, relative to Petition 2003-05-06-03, as amended, was received and placed on file for the information of the Council Councilmember Taylor gave first reading to the following Ordinance Regular Meeting of October 22, 2003 34321 AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-05-06-03) 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 Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE", BY ADDING SECTION 3 THERETO (Petition 2003-03-01-11) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-01-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: 16, AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson Regular Meeting of October 22, 2003 34322 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 548-03 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated September 22, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with Council Resolution 639-02, wherein an additional appropriation and expenditure is requested to increase the number of hours spent by Quality Control Inspection, Inc to approximately 80 per month for the balance of this fiscal year to perform soil erosion and sedimentation control inspections for the City in order to satisfy Michigan Department of Environmental Quality requirements, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 549-03 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 2003, which transmits its resolution 09-127-2003, adopted on September 16, 2003, with regard to Petition 2003-08-SN-08, submitted by National Specialties, on behalf of British Petroleum, requesting approval for signage for the gas station located at 27428 Schoolcraft Road, on the northwest corner of Schoolcraft and Inkster Roads in the Southeast 1/4 of Section 24, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-08-SN-08 is hereby approved and granted, subject to the following conditions 1 That the Sign Plan marked Sheet A7 dated 9/4/03, as revised, prepared by National Specialties Installation, Inc , is hereby approved and shall be adhered to, insomuch as • The wall signage and the window signage, including those attached to the buildings or to the canopy fascia, shall not exceed 100 square feet in sign area, REVISED - SEE BOLD TYPE Regular Meeting of October 22, 2003 34323 • The ground sign shall not exceed 52 square feet in sign area, 12 feet in height, and shall be set back 10 feet from any right-of- way line, 2 That the base of the ground sign shall be manufactured out of the same brick used in the construction of the gas station/convenience store, 3 That the Sign Plan marked Sheet A6 dated July 2, 2003, as revised, prepared by National Specialties Installation, is hereby approved and shall be adhered to, 4 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building, pump island canopies or around the windows, 5 That all signage shall not be illuminated beyond one (1) hour after this business closes, 6 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 7 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A site plan marked Sheet A-1, dated October 15, 2003, as revised, prepared by Donald A. DiComo, Architect, relative to the construction of Ayyash Apartments to be located at 34960 Ann Arbor Trail, was received and placed on file for the information of the Council (Petition 2003-08-08-20) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 550-03 RESOLVED, that having considered a communication from the City Planning Commission, dated September 18, 2003, which transmits its resolution 09-125-2003, adopted on September 16, 2003, irtio with regard to Petition 2003-08-08-20, submitted by Eddie Ayyash, on Regular Meeting of October 22, 2003 34324 behalf of Ayyash Apartments, requesting site plan approval in connection with a proposal to construct an apartment building on property located at 34960 Ann Arbor Trail, on the west side of Wayne Road, between Ann Arbor Trail and Plymouth Road in the Southwest 1/4 of Section 33, 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 2003-08-08-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated 10/15/03, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated 7/14/03, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 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, 6 That the Exterior Building Elevation Plan marked Sheet A-3 dated 7/14/03, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4) inch brick or in the case a precast concrete system is used it shall meet ASTM C216 standards, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, Regular Meeting of October 22, 2003 34325 10 That all light fixtures shall not exceed 20 ft. in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 13 That this approval is subject to the Petitioner being granted a variance from the Zoning Board of Appeals for driveways, parking areas and walkways exceeding 25% of the total area of the established or minimum front, rear and side yards and any conditions related thereto, and 14 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was. CR 551-03 RESOLVED, that having considered a communication from the City Librarian, dated September 26, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $1,250 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $1,105 00 to Account No 702-000- 285-271, $20 00 to Account No 702-000-285-272, and $125 00 to Account No 702-000-285-273 for the purposes as designated by the donors On a motion by Brosnan, seconded by Knapp, and unanimously adopted, this 1,499th Regular Meeting of the Council of the City of Livonia was adjourned at 9 33 p m , October 22, 2003 (9F9-(21L L')14 dtt-' 'Joan McCotter, City Clerk