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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-07-07 31724 MINUTES OF THE ONE THOUSAND, THREE HUNDRED AND NINETY-SIXTH REGULAR MEETING OF JULY 7, 1999 On July 7, 1999, the above meeting was held at City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Council Vice President Walsh delivered the invocation Roll was called with the following result: John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson, Absent: None Elected and appointed officials present Joan McCotter, City Clerk, Ronald Reinke, Superintendent of Parks and Recreation, Jeffery Bryant, Economic Development Director; Robert Schron, City Engineer; Robert Beckley, Director of Public Works, Linda McCann, Director of Community Resources, Mark Taormina, Director of Planning, Jack Kirksey, Mayor; Sean Kavanagh, City Attorney On a motion by Brosnan, seconded by Duggan, it was #440-99 RESOLVED that the minutes of the 1,395th Regular Meeting of the Council of the City of Livonia, held June 16, 1999, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS None PRESENT Pastor The President declared the resolution adopted On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was 31725 #441-99 RESOLVED that the minutes of the 238th Special Meeting of the Council of the City of Livonia, held June 21, 1999, are hereby approved as submitted There was no audience communication at the beginning of the meeting On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #442-99 RESOLVED, that the council does hereby amend and revise Council Resolution 416-99 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 12, 1999, submitted pursuant to Council Resolution 218-99, and having considered a communication from the City Planning Commission, dated March 12, 1999, which transmits its resolution 3-41-99 adopted on March 9, 1999, with regard to Petition 99-2- 8-9 submitted by Steven L. Karas, on behalf of Rite Aid, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 27500 Grand River Avenue in the Northeast 1/4 of Section 1, 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 99-2-8-9 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C000 prepared by SSOE, Inc , as received by the City Council on May 10, 1999 (Plan Revision date May 6, 1999), is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheet LS01, prepared by SSOE, Inc., as received by the Planning Commission on March 5, 1999, are 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 Sheet marked Option `13', received by the City Council on June 9, 1999, is hereby approved and shall be adhered to, 31726 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 9 That the entire parking lot shall be repaired, resealed and double striped, 10 That the 112 sq ft. wall sign, as shown on the approved Elevation Plan, and the conforming monument ground sign, are hereby approved and shall be adhered to, and 11 That the existing structures be completely demolished within ninety (90) days of the Certificate of Occupancy being issued for the new Rite Aid A communication from the Department of Law, dated June 21, 1999, re Mauti Associates v City of Livonia, Its Boards and Commissions, Wayne County Circuit Court Case No 98-820744-AW was received and placed on file for the information of the Council A communication from the Department of Finance, dated June 22, 1999, forwarding various financial statements of the City of Livonia for the month ending May 31, 1999 was received and placed on file for the information of the Council A communication from the Department of Law, dated June 25, 1999, regarding the request to prohibit violence-oriented video games in Livonia, was received and placed on file for the information of the Council (Consent Agenda Item #5) A communication from the Department of Community Resources, dated June 24, 1999, re a request to approve the agreement for Shuttle Transportation to Ann 31727 Arbor and Ypsilanti Hospitals, was received and placed on file for the information of the Council (Consent Agenda Item #11) On a motion by Brosnan, seconded by Duggan, it was #443-99 RESOLVED, that having considered an application from Susan Quinn, 18947 Floral, dated June 7, 1999, requesting permission to close Floral, between Seven Mile and Clarita, on Saturday, August 7, 1999, from 9.00 am to 1000 pm for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 14, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #444-99 RESOLVED, that having considered an application from David A. McCown, 18600 Gillman, dated June 6, 1999, requesting permission to close Gillman, between Clarita and Pickford, on Saturday, July 17, 1999, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 18, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #445-99 RESOLVED, that having considered an application from Christy L. Watch, 19762 Donna, dated June 9, 1999, requesting permission to close Donna, between Fairfax and Pembroke, on Saturday, August 14, 1999, from 2 00 p m. to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 21, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #446-99 RESOLVED, that having considered an application from John A. Parks, III, 14070 Cranston, dated June 14, 1999, requesting permission to close Cranston, between Scone and Perth, on Saturday, August 28, 1999, from 10 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 29, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #447-99 RESOLVED, that having considered a letter from Harry Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7, 1999, requesting the prohibition of violence-oriented video games found in public places, such as video arcades, restaurants, bowling alleys, etc., in 4111P 31728 the City of Livonia, the Council does hereby refer this matter to the Department of Law for its report and recommendation L. #448-99 RESOLVED, that having considered a letter from Michael R. Elinsky, 9331 California, Livonia, Michigan 48150, received in the Office of the City Clerk on June 7, 1999, requesting left-turn arrows on Merriman Road for northbound and southbound traffic onto Joy Road, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation #449-99 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated June 1, 1999, which transmits a resolution adopted by the Zoning Board of Appeals at its special meeting held May 25, 1999, requesting an amendment to Title 15, Chapter 44 (Fences) of the Livonia Code of Ordinances, as amended, pertaining to the issue of the side yard setback requirement on corner lots, and having considered a letter from Mrs Marilyn Tomaszewski, 19918 Maplewood, dated April 21, 1999, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from the Office of the City Clerk, dated June 2, 1999, re Tax Rate for the Schoolcraft Community College District for 1999, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 15, 1999, re Millage rates for the Wayne County Regional Educational Service Agency for 1999, was received and placed on file for the information of the Council. #450-99 RESOLVED, that having considered the report and recommendation of the City Librarian, dated May 19, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting to upgrade the library computer infrastructure, the Council does hereby approve this request in the manner and form herein submitted, FURTHER, the Council does hereby authorize a budget adjustment transferring $96,000 00 from Account 271- -390-000 (Library Fund Balance) to Account 271-738-983-000 (Capital Outlay - Office Equipment) for this purpose #451-99 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 25, 1999, which bears the signature of the Director of Finance, is approved by the City Attorney and approved for submission by the Mayor, and to which is attached a L. 31729 proposed agreement for shuttle services to Ann Arbor and Ypsilanti hospitals for senior and disabled residents of Livonia between the City of Livonia and HelpSource, 118 S Washington, Ypsilanti, Michigan 48197, for the period July 1, 1999 through June 30, 2000, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an agreement with SMART for support of this program, provided that the agreement is approved as to form by the Department of Law; FURTHER, the Council does hereby waive, to the extent applicable, such licensing requirements as may be prescribed in the Livonia Code of Ordinances with respect to the services being provided herein #452-99 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 7, 1999, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, to which is attached a proposed service agreement between Digital Equipment Corporation and the City of Livonia wherein Digital Equipment Corporation would continue to provide technical support for the Livonia Police Department computer system for the period July 1, 1999 through June 3C), 2000, for the sum of $34,641 96 for hardware support and $31,495 68 for software support from funds already budgeted for this purpose in Account No 101-306-851-010, the Council does hereby approve this agreement and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to affix their signatures to such service agreement, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize said 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 140D4 of the Livonia Code of Ordinances, as amended #453-99 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 Wednesday, September 1, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items a Petition 98-10-1-19, submitted by Leo Soave, for a change of zoning of property located on the south side of Six Mile Road, between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14, from RUFA and OS to R-2, the City Planning 31730 Commission in its resolution 6-113-99 having recommended to the City Council that Petition 98-10-1-19 be approved, and b Petition 99-4-1-4, submitted by American Four, L.L.0 , fora change of zoning of property located on the north side of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33, from RUF to R-1, the City Planning Commission in its resolution 6-97-99 having recommended to the City Council that Petition 99-4-1-4 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) locations 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 #454-99 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, August 23, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 99-2-1-3, submitted by the City Planning Commission, on its own motion, for a change of zoning of property located on the north side of Six Mile Road between the 1-275 Expressway and Fox Drive in the Southwest 1/4 of Section 7, from R-5C to OS, the City Planning Commission in its resolution 6-96-99 having recommended to the City Council that Petition 99-2-1-3 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, 31731 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 #455-99 RESOLVED, that having considered a communication from John J Doyle, Doyle Group Attorneys, P C , dated June 10, 1999, 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 June 8, 1999, by the City Planning Commission in its resolution 6-98-99 with regard to Petition 99-4-2-12, submitted by Rite Aid of Michigan, Inc , requesting waiver use approval to utilize an SDM license within an existing Rite Aid store located at the southwest corner of Six Mile and Inkster Roads (27401 Six Mile Road) in the Northeast 1/4 of Section 13, the Council does hereby designate Wednesday, August 11, 1999, 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 public 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 #456-99 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, August 23, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 99-5-6-2, submitted by the City Planning Commission, on its own motion, to determine whether or not to amend Sections 10 03 and 11 03 of the Zoning Ordinance so as to set forth controls with respect to customer accessibility to the types of alcoholic beverages allowed for sale in connection with the use of an SDD license, the City Planning Commission in its resolution 6-101-99 having recommended to the City Council that Petition 99-5-6-2 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the 31732 Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the resolutions adopted On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #457-99 RESOLVED, that having considered a letter from Harry Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7, 1999, requesting the prohibition of violence-oriented video games found in public places, such as video arcades, restaurants, bowling alleys, etc., in the City of Livonia, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation A communication from Department of Public Works, dated June 8, 1999 re the "1999 Survey of Solid Waste/Recycling/Yard Waste Rates from Area Cities" was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #458-99 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 8, 1999, submitted pursuant to Council Resolution 932-98, with regard to the matter of the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc., the Council does hereby 31733 authorize the Director of Finance, together with the Director of Public Works, to do all things necessary to prepare specifications and obtain bids for solid waste/recycling services in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration On a motion by Duggan, seconded by Brosnan, it was #459-99 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 8, 1999, submitted pursuant to Council Resolution 932-98, with regard to the matter of the solid waste/recycling contract between the City of Livonia and Waste Management of Michigan, Inc , the Council does hereby request that the Mayor continue negotiations with Waste Management of Michigan, Inc. regarding up to a one year extension of the contract for solid waste/recycling services, the same to thereafter be submitted to Council for its approval prior to execution of a contract. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Brosnan and Engebretson NAYS Laura The President declared the resolution adopted The "Stormwater Management Study - Contract Amendment," dated June 8, 1999, was received and placed on file for the information of the Council. (CR 44-99) The "City of Livonia Stormwater Management Areas for the General Permit" map, dated June 8, 1999, was received and placed on file for the information of the Council (CR 44-99) A communication from the Department of Public Works - Engineering Division, dated June 4, 1999, re Stormwater Management Study, including the proposed "Exhibit A" contract amendment, was received and placed on file for the information of the Council (CR 44-99) 31734 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was #460-99 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 8, 1999, submitted pursuant to Council Resolution 44-99, and a communication from the Director of Public Works and the City Engineer, dated June 4, 1999, requesting an amendment to the existing agreement between the City of Livonia and the joint venture of Hubbell, Roth & Clark, Inc./Orchard, Hiltz & McCliment, Inc for performing a Stormwater Management Study, and to which is attached a proposed "Exhibit A" contract amendment to expand the scope of services to be performed, the Council does hereby authorize the proposed amendment in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $234,000 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose, FURTHER, any federal grant funds received for eligible work completed under the study will be returned to the Water and Sewer Fund, and the Director of Public Works is hereby authorized to approve minor adjustments in the workas it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract amendment, for and on behalf of the City of Livonia with the aforesaid joint venture, subject to approval as to form by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution On a motion by Walsh, seconded by Pastor and unanimously adopted, it was RESOLUTION TO SUPPORT REINSTATEMENT OF LICENSING FOR LOW POWER FM RADIO STATIONS #461-99 WHEREAS, in 1978, the Federal Communications Commission (FCC) ended its licensing of low power (less than 100 watts) radio stations, thereby reducing the number of locally-based stations, WHEREAS, under the current FCC rules, it is estimated that it would cost approximately $80,000 00 to start-up a new radio station, WHEREAS, nationally, a movement has emerged to advocate the reinstatement of low power, lower cost FM radio stations, this movement has resulted in a formal rule-making petition before the FCC, known as RM-9242, 31735 WHEREAS, at the state level, the Michigan Senate has introduced Senate Resolution 234 (SR 234) and the House of Representatives has introduced House Resolution 379 (HR 379) which support the adoption of RM-9242 to create a new service of small, locally-owned FM stations, NOW THEREFORE BE IT RESOLVED, that the Livonia City Council urges the FCC to restore approval for low power FM radio broadcastings, BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Engler, State Senator Thaddeus McCotter, State Representative Laura Toy, and State Representative Gerald Law A communication from the Department of Law, dated July 2, 1999, re Special Liquor Licenses for one-day events, was received and file for the information of the Council On a motion by Duggan, seconded by Laura, it was #462-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 9, 1999, submitted pursuant to Council Resolution 155-99, and a communication from Sandra Beslach, representing the Sideline Restaurant, 36000 Seven Mile Road, Livonia, Michigan 48152, received in the Office of the City Clerk on March 4, 1999, requesting an amendment to the existing sublease agreement for the Fox Creek Golf Course Clubhouse in order to sell alcoholic beverages on the golf course at Fox Creek, the Council does hereby approve this request for a three year period and does hereby refer this matter to the Department of Law to prepare an appropriate amendment to the existing sublease agreement and to include a provision that such approval in the lease is subject to revocation at any time by the City Council in the event that problems arise out of alcoholic consumption on the golf course, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute such amendment to the existing sublease agreement. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS Vandersloot The President declared the resolution adopted Revised 1st Readin 31736 On a motion by Duggan, seconded by Brosnan, it was #463-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 9, 1999, submitted pursuant to Council 363-99, and a communication from the Superintendent of Parks and Recreation, dated May 3, 1999, which transmits a copy of resolution 2470-99 adopted by the Parks and Recreation Commission at its regular meeting of April 5, 1999, regarding an amendment of the existing concession agreement with the Whispering Willows Golf Course between the City of Livonia and Moutafis, Inc to allow the sale of alcoholic beverages on the golf course in the manner similar to the 1997 and 1998 seasons, and having further considered a communication from Nikolaos Moutafis, President of Moutafis, Inc., dated June 2, 1999, requesting continuance of the approved Outdoor Service Permit, the Council does hereby approve this request for a three year period and does hereby refer this matter to the Department of Law to prepare an appropriate amendment to the existing concession agreement and to include a provision that such approval in the agreement is subject to revocation at any time by the City Council in the event that problems arise out of alcoholic consumption on the golf course, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute such amendment to the existing concession agreement. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS Vandersloot The President declared the resolution adopted Brosnan gave first reading to the following proposed Ordinance AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-6-1-10) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein Brosnan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: 31737 AYES Walsh, Vandersloot, Pastor, Brosnan and Engebretson NAYS Duggan, Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan left the podium at 8 25 p m due to a conflict of interest on the next two Agenda items Laura gave first reading to the following proposed Ordinance AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-12-1-23) 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 Pastor gave first reading to the following proposed Ordinance AN ORDINANCE AMENDING SECTION 24 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 99-2-1-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan returned to the podium at 8 36 p m Vandersloot gave first reading to the following proposed Ordinance, as amended 31738 AN ORDINANCE AMENDING SECTIONS 110, 120, 130 AND 140 OF CHAPTER 04 (DOGS) OF TITLE 6 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 Duggan gave first reading to the following proposed Ordinance AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) 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 Walsh took from the table for second reading, and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Walsh took from the table for second reading, and adoption, the following Ordinance 31739 AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Duggan took from the table for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 015 TO TITLE 12, CHAPTER 08 (STREET AND ALLEY VACATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Brosnan and Engebretson NAYS Laura The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Inspection Department, dated July 1, 1999, listing 5 locations which currently have banners, was received and placed on file for the information of the Council On a motion by Laura, seconded by Brosnan, it was #464-99 RESOLVED, that having considered a letter from Dan Courser, Vice President, Busch's Inc , received in the Office of the City Clerk on June 9, 1999, requesting permission to hang banners on various light poles located in the parking lot at Six Mile and Newburgh Roads, and 31740 which banners would be placed in such location for a one-year period and would consist of a total of ten (10) 3' x 8' "boulevard" style banners, the Council does hereby approve and grant this request for a period not to exceed one year in the manner and form herein submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Duggan, Laura, and Brosnan NAYS Pastor, and Engebretson The President declared the resolution adopted On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #465-99 RESOLVED, that having considered the report and recommendation of the City Clerk, dated June 11, 1999, requesting an amendment to Chapter 6 06 (Cats) of the Livonia Code of Ordinances, as amended, to be compatible with the proposed amendments to Chapter 6 04 (Dogs) and new State-mandated law, and further requesting increases in the fees for animal licenses, the Council does hereby refer this subject to the Department of Law to prepare an appropriate ordinance amendment to Chapter 6 06 (Cats) of the Livonia Code of Ordinances, the same to thereafter be submitted to Council for its consideration On a motion by Duggan, seconded by Laura and unanimously adopted, it was #466-99 RESOLVED, that having considered the report and recommendation of the City Clerk, dated June 11, 1999, requesting an amendment to Chapter 6 06 (Cats) of the Livonia Code of Ordinances, as amended, to be compatible with the proposed amendments to Chapter 6 04 (Dogs) and new State-mandated law, and further requesting increases in the fees for animal licenses, the Council does hereby refer the matter of amending the ordinance to increase pet licensing fees to the Legislative Committee for its report and recommendation On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was 1 #467-99 RESOLVED, that having considered the report and recommendation of the City Clerk, dated June 11, 1999, requesting an 31741 amendment to Chapter 6 06 (Cats) of the Livonia Code of Ordinances, as amended, to be compatible with the proposed amendments to Chapter 6 04 (Dogs) and new State-mandated law, and further requesting increases in the fees for animal licenses, the Council does hereby refer the matter of what animals are required to be licensed in surrounding communities and how much the fees are to the Department of Law for its report and recommendation A communication from the Inspection Department, dated June 30, 1999, re Petition 99-3-8-13, Suburban Eye Care at 32415 Five Mile Road, was received and placed on file for the information of the Council A communication from Dr John P Jacobi, of Suburban Optometric Associates, dated July 6, 1999, re use of reinforced dryvitt along the bottom 3 feet of all dryvitt surfaces, was received and placed on file for the information of the Council (Petition 99-3-8-13) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #468-99 RESOLVED, that having considered a communication from the City Planning Commission, dated June 10, 1999, which transmits its resolution 6-105-99 adopted on June 8, 1999, with regard to Petition 99-3- 8-13 submitted by Suburban Eye Care, requesting site plan approval in connection with a proposal to alter the building elevations of the building located at 32415 Five Mile Road in the Northwest 1/4 of Section 22, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-3-8-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-27 prepared by Oadbe Associates, as received by the Planning Commission on May 11, 1999, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 1 prepared by Equinox, as received by the Planning Commission on April 13, 1999, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 31742 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 Sheet A-16 prepared by Oadbe Associates, as received by the Planning Commission on June 1, 1999, is hereby approved and shall be adhered to, 6 That the Exterior Building Elevation Plan marked Sheet A-17 prepared by Oadbe Associates, as received by the Planning Commission on May 11, 1999, is hereby approved and shall be adhered to, 7 That the entire parking lot shall be repaired, resealed and double- striped to the satisfaction of the Inspection Department; 8 That the petitioner shall correct to the Engineering Division's satisfaction the following site deficiency as outlined in their correspondence dated April 9, 1999. that the sidewalk along the site shall be repaired in conjunction with this project; 9 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in their correspondence dated April 15, 1999 - that the privacy fence on the south property line shall be repaired - that the barrier-free parking location and striping shall be corrected - that all new parking light standards shall not exceed 20 feet in height and shall be shielded from all abutting residential properties, and 10 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council Drs Jacobi and Beecher of Suburban Optometric Associates, located at 31330 Schoolcraft, were present to speak to the item 31743 On a motion by Duggan, seconded by Laura, it was #469-99 RESOLVED, that having considered a communication from the City Planning Commission, dated June 10, 1999, which transmits its resolution 6-103-99 adopted on June 8, 1999, with regard to Petition 99-5- 8-15 submitted by Investico Development Corporation, requesting site plan approval in connection with a proposal to construct a condominium development on property located at 9204 Middlebelt Road 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 refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS Walsh and Pastor The President declared the resolution adopted A communication from Eugene F McGee of Benchmark Building Co , located at 23609 Warner, Farmington, MI 48335, dated June 28, 1999, re construction of Benchmark Centre located at 31500 Schoolcraft, was received and placed on file for the information of the Council (Petition 99-5-8-17) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #470-99 RESOLVED, that having considered a communication from the City Planning Commission, dated June 10, 1999, which transmits its resolution 6-107-99 adopted on June 8, 1999, with regard to Petition 99-5- 8-17 submitted by Benchmark Centre, requesting site plan approval in connection with a proposal to construct an addition to the office building located at 31500 Schoolcraft Road in the Southeast 1/4 of Section 22, 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 99-5-8-17 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 prepared by AZD Associates, as received by the Planning Commission on May 17, 1999, is hereby approved and shall be adhered to, 31744 2 That the Landscape Plan submitted by Gene McGee, as received by the Planning Commission on June 4, 1999, 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 Sheet A-2 prepared by AZD Associates, as received by the Planning Commission on May 17, 1999, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in their correspondence dated June 1, 1999 - that the entire parking lot shall be repaired, resealed and double-striped - that the existing landscaping shall be cleaned up and maintained - that the underground sprinklers are to be provided in the right- of-way along Schoolcraft Road - that the drainage along the west side of the property shall be reviewed by the Engineering Division - that the sections of the existing sidewalk that are in disrepair shall be repaired or replaced 31745 - that the required accessible parking spaces shall be installed according to the current BOCA codes - that all new parking light standards shall not exceed 20 feet in height and shall be shielded from all abutting properties 9 That no signs, either freestanding or wall mounted, are approved with this petition. Gene McGee, 23609 Warner, Farmington, was present to answer questions of Council A communication from the Engineering Division, dated June 25, 1999, re analysis of traffic pattern on Laurel Avenue and Pinetree Avenue, was received and placed on file for the information of the Council (Petition 99-3-2-10) On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #471-99 RESOLVED, that the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 386-99 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #472-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 1999, which transmits its resolution 5-77-99, adopted on May 4, 1999, with regard to Petition 99-3- 2-10, submitted by AME Group, Inc on behalf of Livonia Volkswagen, Inc., requesting waiver use approval to construct an addition to the Hyundai car showroom and renovations to the Volkswagen showroom and building located on the south side of Plymouth Road between Stark Road and Laurel Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-3-2-10 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet A-1, prepared by McGrath, Dohmen & Associates, Inc., dated April 26, 1999, is hereby approved and shall be adhered to, 31746 2 That the Landscape Plan, marked Sheet L-1, prepared by McGrath, Dohmen & Associates, Inc , dated April 26, 1999, is hereby approved and shall be adhered to, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That the Building Elevation Plan, marked Sheet A-3, prepared by McGrath, Dohmen & Associates, Inc., dated March 29, 1999, is hereby approved and shall be adhered to, 4 That the Building Elevation Plan, marked Sheet A-5, prepared by McGrath, Dohmen & Associates, Inc., dated March 29, 1999, is hereby approved and shall be adhered to except that the west wall of the service write-up portion of the Volkswagen building, which is immediately adjacent to the asphalt driveway, shall have a base of brick or reinforced dryvit that shall extend at least 3 feet above grade, 5 That all brick used in the construction of the buildings shall be full face four (4") inch brick, no exceptions, 6 That the elevated outdoor display of vehicles on lifts or other similar 7 apparatus is prohibited, That the petitioner shall rectify to the Inspection Department's satisfaction the problems and site deficiencies as outlined in their correspondence dated April 15, 1999, 8 That all barbed wire on the property shall be removed prior to the issuance of a building permit; 9 That there shall be no outdoor storage of spare or used auto parts, scrap material, debris or other similar items, and 10 That the approval is contingent upon receipt of the necessary right of way deed from the petitioner On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #473-99 RESOLVED, that the Council hereby request that the correspondence from the Engineering Division, dated June 25, 1999, with attached photos, regarding use of Laurel Avenue by auto haulers, be sent to the Police Department for enforcement purposes. 31747 Mr Harold Stein, representative of AME Group, and Mr John Auffenberg of Livonia Volkswagen, were present to speak to the item A communication from the Inspection Department, dated July 6, 1999, re Rio Bravo Cantina, 19265 Victor Parkway, was received and placed on file for the information of the Council On a motion by Laura, seconded by Walsh and unanimously approved, it was #474-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 22, 1999, and a report and recommendation from the Chief of Police, dated May 17, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Rio Bravo Acquisitions, Inc. (a Delaware Corporation) for transfer of ownership of a 1998 Class C licensed business with Official Permit (Food) from Innovative Restaurant Concepts, Inc (a Georgia Corporation) for a business located at 19265 Victor Parkway, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Mr John Carlin, representing Rio Bravo Acquisitions, was present to speak to the item A communication from Karen A. Szymula, Director of Legislative Affairs, dated July 2, 1999, re Notification of Council meeting date for Telecommunications Permit for Norlight Telecommunications, was received and placed on file for the information of the Council On a motion by Laura, seconded by Brosnan, it was. RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc , requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council having conducted a Public Hearing with regard to 31748 this matter on Wednesday, May 26, 1999, pursuant to Council Resolution 257-99, the Council does hereby deny said application based upon the failure of the applicant to install its fiber optic cable underground on the Six Mile and Newburgh Road portions of the proposed route for a distance of one-half mile both west and north of the intersection, the Council having determined that these particular locations dictate the desirability of underground as opposed to aerial construction in order to insure and protect the health, safety and welfare of the public, FURTHER, this denial shall be without prejudice to the applicant's right to file an amended application A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan Laura, and Brosnan NAYS Walsh, Vandersloot, Pastor, and Engebretson The President declared the resolution denied On a motion by Walsh, and seconded by Vandersloot, it was #475-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc., requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council having conducted a public hearing with regard to this matter on Wednesday, May 26, 1999, pursuant to Council Resolution 257-99, the Council does hereby approve said application and does hereby grant a Telecommunications Permit to Norlight Telecommunications, Inc , subject to the following conditions. 1 That permitee shall submit engineering plans showing the proposed location for all aerial cable to be placed on existing Detroit Edison poles within any public right-of-way within the City of Livonia prior to the issuance of a construction permit; 2 That appropriate construction bonds in amounts established by the City Engineer shall be posted prior to issuance of a construction permit; and 3 That permitee shall pay the annual fees set forth in Council Resolution 112-99 for use of the public rights-of-way and shall ir.. 31749 further pay any annual fees as recalculated upon completion of the Plante and Moran study currently being conducted A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, and Engebretson NAYS Duggan, Laura, and Brosnan The President declared the resolution adopted Mr James F Pepelnjak, Corporate Council for Norlight Telecommunications was present to speak to the item A communication from the Department of Assessment, dated June 30, 1999, re Application for Industrial Facilities Exemption by Dearborn Lithograph, Inc., was received and placed on file for the information of the Council. On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #476-99 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 1 09 acres lying in the Southwest 1/4 of Section 29, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 73", and WHEREAS, written notice has been given by certified mail to Dearborn Lithograph, Inc. of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 73, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 73, and WHEREAS, on June 21, 1999, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 73, at which time Dearborn Lithograph, Inc. and other taxpayers and 31750 residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Dearborn Lithograph, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 73 " EXHIBIT A 29E3B GLOBE INDUSTRIAL SUB T15R9EL90P25 26 WCR LOT 3 EXCLUDING N 225 FT THEREOF Tax ID Number 115-05-0003-002 Mr Russell Masura of Dearborn Lithograph, Inc. was present to speak to the item A communication from the Office of the City Clerk, dated June 18, 1999, re Tax Rate for the Clarenceville School District for 1999, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 25, 1999, re Tax Rate for the 1999-00 School Year for Livonia Public Schools, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 28, 1999, re Tax Rate for Oakland Schools for 1999, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was 31751 #477-99 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Mary L. Zuckerman, 19721 Gary Lane, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2002, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was. #478-99 RESOLVED that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #479-99 RESOLVED, that having considered an application from Thomas Wade, 20495 Hubbard, dated July 6, 1999, requesting permission to close Hubbard between Eight Mile and Norfolk on Saturday, July 10, 1999, from 12.00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. There was no audience communication at the end of the meeting Councilmember Vandersloot recognized and introduced Mark Taormina, new Director of Planning for the City Councilmember Brosnan recognized and acknowledged the SPREE volunteers and congratulated Joe Laura as their representative Council President Engebretson congratulated the Friends of Greenmead on their successful Garden Walk and mentioned that Rosemary Farabaugh was the chairperson for this year's Garden Walk. Councilmember Pastor asked for prayers and thoughts for Barbara Feenstra, wife of former Councilmember Fernon Feenstra, who is in the hospital Councilmember Laura congratulated Joan McCotter, City Clerk on her successful annual Ice Cream Social for Seniors, which was held today 31752 Joan McCotter thanked the many businesses in the community for their donations and L support for the Ice Cream Social She also thanked the Bunny Sanford School of Dance troop for their performance, which was appreciated by the Seniors On a motion by Walsh, seconded by Brosnan, and unanimously adopted, this 1,396th Regular Meeting of the Council of the City of Livonia was adjourned at 10.03 pm , July 7, 1999 )t_ •--.____ oz.._,,yi._L- Vt--e__'_,_C"---ttil __ Joan McCotter, City Clerk L. L