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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-10-26 27267 MINUTES OF THE ONE THOUSAND NO HUNDRED AND THIRTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 26, 1992, 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 8:10 p.m. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Fernon P. Feenstra, Sean P Kavanagh, Michael P. McGee, Dale A. Jurcisin, Gerald Taylor, Ron Ochala and Laura M. Toy. Absent: None. Elected and appointed officials present: Robert D Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul Galindo, City Engineer; John Nagy, City Planner; John Fegan, Director of Inspection; Karen A. Szymula, Director of Legislative Affairs; Robert J. Beckley, Director of Public Works; David N. Preston, Finance Director; Suzanne Wisler, Director of Community Resources; and Michael Deller, Chief Librarian. On a motion by Taylor, seconded by Jurcisin, and unanimously* adopted, it was: #785-92 RESOLVED, that the minutes of the 1,234th Regular Meeting of the Council of the City of Livonia, held October 14, 1992, are hereby approved as submitted *Councilman Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of Ordinances. On a motion by Taylor, seconded by Kavanagh, and unanimously* adopted, it was: .. #786-92 RESOLVED, that the minutes of the 226th Special Meeting of the Council of the City of Livonia, held October 19, 1992, are hereby approved as submitted 27268 *Councilmen Feenstra and McGee abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 190B of the Livonia Code of Ordinances Councilman Jurcisin presented a check of over $1,100, which consisted of monies collected from the Bottles and Cans Drive, to Lt. James Garred for use in the D.A.R.E. Program. M. S Hood, Jr , 29001 Roycroft, addressed the issue of problem truck traffic on Roycroft during the building of homes on the Madison School property during the audience communication portion of the meeting On a motion by Feenstra, seconded by Jurcisin, it was: #787-92 RESOLVED, that having considered a letter from the President of Spectrum Residential Services, 34000 Plymouth Road, Livonia, MI 48150, dated October 8, 1992, the Council does hereby take this means to indicate that Spectrum Residential Services is recognized as a non-profit organization operating in the community, the action taken herein being for the purpose of affording Spectrum Residential Services an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute. #788-92 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 13, 1992, and the report and recommendation of the Chief of Police, dated September 3, 1992, the Council does hereby approve of the request from the City of Livonia Parks and Recreation Commission to drop Nikolaos Moutafis as co-licensee in 1990 Class C licensed business with Sunday sales, official permit (food), outdoor service, and direct connection, located in escrow at 20500 Newburgh, 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. #789-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated October 7, 1992, approved for submission by the Mayor, with regard to the Fifth Annual D.A.R.E. Golf Outing, which is to be conductld on July 14, 1993 at the Fox Creek Golf Course, the proceeds of which are to be donated to D.A R.E, and wherein it is requested that all fees at the Fox Creek Golf Course be waived, the Council does hereby approve of the date and location for conducting the said golf outing; and the question of whether fees in connection with this event should be waived is hereby referred to the Finance and L__ Insurance Committee for its report and recommendation. 27269 #790-92 RESOLVED, that having considered the report and 11.0 recommendation of the Chief of Police, dated October 13, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one replacement patrol four-door sedan from Campus Ford, Inc , 1830 W. Grand River, Okemos, Michigan 48864 for a total price of $13,986.50, the same to be appropriated and expended from Account No. 101-325-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.5 of the Livonia Code of Ordinances, as amended. #791-92 RESOLVED, that having considered a communication from the Director of Community Resources and Director of Public Works, dated September 23, 1992, approved by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 1992 through August 17, 1993, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract as well as to do all other things necessary for the performance of this resolution #792-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 1, 1992, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached a User-Side Subsidy/Specialized Services (Lift-Equipped) Transportation Contract to provide transportation for non-transferable wheelchair citizens in the City of Livonia and in the adjoining and nearby communities of Northville, Northville Township, Plymouth, Farmington and Farmington Hills, for the period October 1, 1992 through September 30, 1993, the Council does hereby authorize the Mayor and City Clerk to execute the attached proposed agreement as well as to execute an agreement with SMART for support of this contract, subject to approval as to form by the Department of Law. #793-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 12, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Mayor, for and on behalf of the City of LivoniA, to execute an addendum to the agreement for distribution of U.S.D.A. surplus commodity products for the residents of the County of Wayne only, excluding the City of Detroit, previously authorized in Council Resolution 353-85, extending the current agreement to a period ending September 30, 1993. 27270 #794-92 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated October 8, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2983 10/92, the Council does hereby authorize the purchase of a Water Distribution Management System from Hansen Software, Inc. , 1745 Markston Road, Sacramento, California 95825, for a total price of $5,200.00; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04. 140.D 5 of the Livonia Code of Ordinances, as amended. #795-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 9, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc. , 48400 West Road, P.O. Box 6070, Wixom, Michigan 48393-6070, to provide snow removal services for City streets during the 1992-93 snow season for snowfalls of over four inches in accumulation when authorized to do so by the Mayor, pursuant to terms stated in the attached letter dated October 1, 1992; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04.140.D.5 of the Livonia Code of Ordinances, as amended. #796-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 9, 1992, approved for submission by the Mayor, wherein it is recommended that Republic Bancorp, Inc , 1700 North Woodward, Bloomfield Hills, Michigan 48304, be approved as a depository for the City of Livonia, the Council does hereby concur in and approve of this action. #797-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 21, 1992, approved as to form by the City Attorney, and which bears the signature of the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Overhead Easement (Right-of-Way) No. W-8984, which would grant an easement to the Detroit Edison Company across the following described City-owned property located in the Northeast 1/4 of Section 31: The Southerly five feet (5) of the following parcel of land: Lot 4 of Horton's Subdivision, a part of the Est 1/2 of the N.E. 1/4 of Section 31, T. 1S. , R. 9E. , as recorded in Liber 32, Page 24 WCR. 27271 #798-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 5, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that 17' of right-of-way be acquired from Parcel No. 004-99-0022-000, for the widening of Deering Avenue between Vassar and Pembroke, the cost of which is to be defrayed by the Michigan Transportation Fund (Local Road Account), the Council does hereby refer this item to the Department of Law for its report and recommendation. #799-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-470-92, adopted on September 29, 1992, with regard to Petition 92-9-2-27, submitted by Discount Tire Co. , requesting waiver use approval to operate a tire store in an existing building located on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road in the Northeast 1/4 of Section 11, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-9-2-27 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 9-3-92 prepared by Felch Architecture which is hereby approved shall be adhered to; 2) That the landscaping shown on the approved site plan shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; 3) That the Building Elevation Plan marked Sheet 92-101, dated 9-3-92, prepared by Felch Architecture which is hereby approved shall be adhered to; 4) That an underground sprinkler system shall be installed; 5) That a "No Right Turn" sign shall be installed at the drive exiting onto Clarita Avenue; 6) That there shall be no outside work to be performed on vehicles; 7) That there shall be no outside display of merchandise; and 8) That the hours of operation shall be restricted to the hours of 8:00 a.m. until 6 00 p m. Monday through Friday and 8:00 a.m. until 5:00 p m. on Saturday. 27272 #800-92 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, November 30, 1992, at 7:30 p.m , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 92-7-1-15, submitted by the City Planning Commission, pursuant to Council Resolution 535-92, for a change of zoning on property located on the north side of Clarita Avenue between Melvin Avenue and Middlebelt Road in the Northeast 1/4 of Section 11, from R-5 to R-2, the City Planning Commission in its resolution 9-464-92 having recommended to the City Council that Petition 92-7-1-15 be approved; and (2) Petition 92-7-1-16, submitted by the City Planning Commission, pursuant to Council Resolution 536-92, for a change of zoning on property located on the west side of Melvin Avenue between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 11, from R-5 to R-1A, the City Planning Commission in its resolution 9-465-92 having recommended to the City Council that Petition 92-7-1-16 be Lapproved; 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 registered 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. #801-92 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 amend6d, 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 7, 1992, at 7:30 p.m. , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: 27273 (1) Petition 92-7-1-19, submitted by Leo Soave for a change of zoning on property located north of Orangelawn Avenue, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to R-1A, the City Planning Commission in its resolution 9-466-92 having recommended to the City Council that Petition 92-7-1-19 be approved; and (2) Petition 92-8-1-20, submitted by the City Planning Commission, pursuant to Council Resolution 214-92, for a change of zoning on property located on the east side of Hubbell Avenue, south of Plymouth Road in the Northwest 1/4 of Section 35, from C-2 to R-1, the City Planning Commission in its resolution 9-464-92 having recommended to the City Council that Petition 92-8-1-20 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) 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 registered 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 1/802-92 WHEREAS, the City Clerk has received an amended Application for Industrial Facilities Exemption Certificate from Ford Motor Company, dated October 8, 1992, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 1; 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 7, 1992, at 7:30 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 27274 3. The Council hereby sets Monday, December 7, 1992, at 7:30 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: None Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPHS D AND E OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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. McGee gave first reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH A OF SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) 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. Ochala gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.45 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." 27275 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. Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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. 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. At the direction of the Chair, based upon the petitioner's request, Item 19 was removed from the Agenda and is to be rescheduled to the Regular Meeting of November 9, 1992 Communications from the 16th District Court dated June 29, 1992 and October 5, 1992, and from the Inspection Department dated July 27, 1992, re: operation of a business in a residential area, listed in the Business Section of the Michigan Bell Ameritech West-Northwest Area White Pages as Barker E L. Window Company, located at 35480 Curtis, were received and placed on file for the information of the Council. (CR 345-92 and CR 437-92) On a motion by Feenstra, seconded by Ochala, it was: #803-92 RESOLVED, that the Council does hereby request that the Wayne County Health Department submit a report and recommendation with regard to the condition of the swimming pool located at 35480 Curtis, Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following two. result: 27276 AYES: Feenstra, McGee, Jurcisin, Taylor, Ochala, and Toy. lbw NAYS: Kavanagh. The President declared the resolution adopted On a motion by Jurcisin, seconded by Taylor, it was: RESOLVED, that having considered a communication from the City Assessor, dated September 29, 1992, approved for submission by the Mayor, with regard to a request from Mr. James Redmond, 21995 River Ridge Trail, Farmington Hills, Michigan 48335, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos. 46 005 01 0176 000 and 46 005 01 0177 000 into two parcels, the legal descriptions of which shall read as follows: Parcel A: The East 62 15 feet of lots #176 and 177, "Storm and Fowler's Country Crest Subdivision" of part of the Northeast 1/4 of Section 2, T.1S , R 9E. , Livonia Twp. , now City of Livonia, Wayne County, Michigan. Rec'd L. 42, P. 74 Plats, Wayne County Records Parcel B: The West 69. 16 feet of lots #176 and 177, "Storm Land Fowler's Country Crest Subdivision" of part of the Northeast 1/4 of Section 2, T.1S. , R 9E. , Livonia Twp. , now City of Livonia, Wayne County, Michigan. Rec'd L 42, P. 74 Plats, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Taylor and Toy. NAYS: Feenstra, Kavanagh, McGee, and Ochala. The President declared the resolution denied. 27277 On a motion by Jurcisin, seconded by McGee, and unanimously 101. adopted, it was: #804-92 RESOLVED, that having considered a communication from the City Assessor, dated September 29, 1992, approved for submission by the Mayor, with regard to a request from Mr. James Redmond, 21995 River Ridge Trail, Farmington Hills, Michigan 48335, for a proposed division and combination of Tax Item Nos. 46 005 01 0176 000 and 46 005 01 0177 000 into two parcels, the legal descriptions of which shall read as follows: Parcel A: The East 62.15 feet of lots #176 and 177, "Storm and Fowler's Country Crest Subdivision" of part of the Northeast 1/4 of Section 2, T 1S. , R.9E. , Livonia Twp. , now City of Livonia, Wayne County, Michigan. Rec'd L. 42, P. 74 Plats, Wayne County Records. Parcel B: The West 69. 16 feet of lots #176 and 177, "Storm and Fowler's Country Crest Subdivision" of part of the Northeast 1/4 of Section 2, T 1S. , R.9E. , Livonia Twp , now City of Livonia, Wayne County, Michigan. Rec'd L. 42, P 74 Plats, Wayne County Records. the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. k On a motion by Jurcisin, seconded by Feenstra, it was: Kavanagh left the podium at 8:40 p m. in order to avoid a perceived impropriety based upon prior representation of Rotondo Corporation. #805-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 29, 1992, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Parkside Villas Subdivision, located in the Northeast 1/4 of Section 8, of the financial assurances previously deposited with respect to the General Improvements, in the sum of $25,000.00, of which $3,000 00 was to be in cash, and the Monument and Lot Marker Bond in the amount of $290.00 cash, which were filed pursuant to Council Resolution 819-91, adopted on October 23, 1991; FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the afore- mentioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result 27278 AYES: Feenstra, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: None. The President declared the resolution adopted. Kavanagh returned to the podium at 8:41 p m. On a motion by Ochala, The President relinquished the gavel to Councilman Taylor at 8:42 p.m. Seconded by Toy, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-476-92, adopted on September 29, 1992, with regard to Petition 92-9-8-14 submitted by Philip Pisto, requesting site plan approval in connection with a proposal for a storefront architectural alteration of the existing building located at 33467 Eight Mile Road in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No. 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Toy and Ochala NAYS: Feenstra, Kavanagh, McGee, Jurcisin, and Taylor. The Chair declared the resolution denied On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #806-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-476-92, adopted on September 29, 1992, with regard to Petition 92-9-8-14 submitted by Philip Pisto, requesting site plan approval in connection with a proposal for a storefront architectural alteration of the existing building located at 33467 Eight Mile Road in the Northeast 1/4 of Section 4, 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 92-9-8-14 is hereby approved and granted, subject to the following conditions: L.. 27279 1) That all plans dated 9/1/92 by Architectural Design & [bp Engineering, entitled Architectural Solutions Pisto Retrofit, for the shopping center located at 33467 Eight Mile Road are hereby approved and shall be adhered to; and 2) That the original landscape plan be brought back to its original state by refurbishing where necessary or clearing out where necessary The President resumed the gavel at 8:48 p.m. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #807-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-468-92, adopted on September 29, 1992, with regard to Petition 92-8-2-24, submitted by Bill Keros, requesting waiver use approval to operate a full-service restaurant within an existing shopping center located on the southeast corner of Newburgh and Six Mile Roads in the Northwest 1/4 of Section 17, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning im. Commission and Petition 92-8-2-24 is hereby approved and granted, subject to the following conditions: 1) A limitation on the maximum number of customer seats to be provided in the restaurant of 162 seats; and 2) That the hours of operation as represented by the petitioner shall not extend beyond the hours of 6 00 a m until 10:00 p.m On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #808-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-469-92, adopted on September 29, 1992, with regard to Petition 92-8-2-26, submitted by Vramantea Co. , Inc , requesting waiver use approval to operate a carry-out restaurant with 12 seats within an existing shopping center located on the south side of Plymouth Road east of Levan Road in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-8-2-26 is hereby approved and granted, subject to a limitation on the number of customer seats of 12. L. 27280 On a motion by Taylor, seconded by Jurcisin, and unanimously [... adopted, it was: #809-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-471-92, adopted on September 29, 1992, with regard to Petition 92-9-2-28, submitted by Ford Motor Land Development Corporation/UAW-Ford NEDTC, requesting waiver use approval to construct a new day care center to be located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, which property is zoned C-1 and OS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-9-2-28 is hereby approved and granted, subject to the following conditions: 1) That the Site Plan dated 10-6-92, as revised, prepared by Rotwein & Blake Associated, Architects, which is hereby approved, shall be adhered to; 2) That the Landscape Plan dated 9-28-92 prepared by DeMattia & Associates, which is hereby approved, shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; 3) That the Building Elevation Plan dated 9-4-92 prepared by Rotwein & Blake Associated, Architects is hereby approved and shall be adhered to; 4) That the down lighting area parking lot be added to the Site Plan with no more than 20 foot poles, to be approved by the Planning Department staff, prior to the minutes being approved; 5) That the Planning Department staff make sure all the requirements are met in connection with the Fire Marshal's request; and 6) That the signage shall come back for review by Planning Commission and approval by City Council. On a motion by Taylor, seconded by Ochala, and unanimously adopted, it was: #810-92 RESOLVED, that in accordance with Section 23.01(a) of Zoning Ordinance 543, as amended, the Council requests that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether certain property located on the south side of Ann Arbor Road between Patton Avenue and Knolson Avenue in the Southwest 1/4 of Section 31, being parcel 99-0002 and a portion of parcel 99-0001, should be rezoned from C-1 to the OS zoning classification. 27281 On a motion by Taylor, seconded by Kavanagh, and unanimously im. adopted, it was: #811-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1992, which transmits its resolution 9-472-92, adopted on September 29, 1992, with regard to Petition 92-9-2-30, submitted by Jonna Companies, requesting waiver use approval to construct a Target Store on property located on the south side of Eight Mile Road between I-275 and Haggerty Road in the Northwest 1/4 of Section 6, 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 Taylor, seconded by Feenstra, and unanimously adopted, it was: #812-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 26, 1992, which sets forth its resolution 8-437-92, adopted on August 25, 1992, with regard to Petition 92-7-1-17, submitted by Victor International Corporation for a change of zoning on property located on the north side of Seven Mile Road between Victor Parkway and the 1-275 Expressway in the Southeast 1/4 of Section 6 from POIII to C-2, and the Council having conducted a public hearing with imm regard to this matter on October 12, 1992, pursuant to Council Resolution 697-92, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition 92-7-1-17 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Jurcisin, seconded by Taylor, it was: #813-92 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, 1992, and ending November 30, 1993, as shown in the Budget document on Pages I through LV, submitted by the Mayor to the Council on September 15, 1992, 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 on Pages 1 through 265 should be used for comparative reporting purposes, and Council approval is required for transfers between line items within one activity 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 12, 1992; after proper notice being 27282 published in the Livonia Observer and Eccentric, the official newspaper of the City on September 28, 1992; 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. The President relinquished the gavel to the Vice President at 10:15 p.m. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, and Taylor. NAYS: Toy and Ochala The Vice President declared the resolution adopted On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #814-92 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 2607 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, 1992, and ending November 30, 1993, 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 .8521 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 1.2782 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; 27283 (c) The Council does hereby establish a tax levy of .8521 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 .0169 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 2.5564 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 Lprovisions 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 .0450 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 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (g) The Council does hereby establish a tax levy of . 1000 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 Park and Recreational Facilities Bond Issue, Series I and Series II, 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 w. .2000 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 1978 Street Improvement Bonds, Series I, Series 27284 II and Series III; in addition to the amount which is authorized ilsow to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of 2500 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; in addition to the amount which is authorized to be levied for general municipal purposes; (j) The Council does hereby establish a tax levy of 6300 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. The President resumed the gavel at 10:29 p.m. A communication from the Division of Police, dated September 21, 1992, re: an alleged drug problem at the Comfort Inn, located north of Schoolcraft and east of Middlebelt, was received and placed on file for the information of the Council. (CR 678-92) On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: 11815-92 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 Feenstra, seconded by Taylor, it wasi 11816-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which sets forth its resolution 8-435-92, adopted on August 25, 1992, with regard to Petition 92-7-1-13, submitted by the City Planning Commission on its own motion for a change of zoning on property located south of Eight Mile Road, extending to Norfolk Avenue 27285 between Middlebelt Road and Oporto in the Northeast 1/4 of Section 2, from RUF and R-6 to R-1 and R-2, and the Council having conducted a public hearing with regard to this matter on October 21, 1992, pursuant to Council Resolution 718-92, the Council does hereby concur in the recommendation of the Planning Commission and Petition 92-7-1-13 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, Taylor, and Ochala. NAYS: Toy. The President declared the resolution adopted On a motion by Taylor, seconded by Jurcisin, it was: #817-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which sets forth its resolution 8-436-92, adopted on August 25, 1992, with regard to Petition 92-7-1-14, submitted by the City Planning Commission, pursuant to Council Resolution 367-92, for a change of zoning on property located on the north side of Seven Mile Road between Haggerty Road and 1-275 in the Southwest 1/4 of Section 6, from M-1 (now C-1) to C-2, and the Council having conducted a public hearing with regard to this matter on October 21, 1992, pursuant to Council Resolution 718-92, the Council does hereby concur in the recommendation of the Planning Commission and Petition 92-7-1-14 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, and Ochala NAYS: Feenstra and Toy. The President declared the resolution adopted 27286 On a motion by Ochala, seconded by Jurcisin, and unanimously Ladopted, it was: #818-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 4, 1992, which sets forth its resolution 8-438-92, adopted on August 25, 1992, with regard to Petition 92-7-1-18, submitted by Central Construction, Inc. and Detroit Forest Products, Inc. , for a change of zoning on property located on the north side of Plymouth Road, west of Newburgh Road in the Southeast 1/4 of Section 30, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on October 21, 1992, pursuant to Council Resolution 718-92, the Council does hereby concur in the recom- mendation of the Planning Commission and Petition 92-7-1-18 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #819-92 RESOLVED, that the Council does hereby request that the Engineering Department, Planning Department and the Building Inspection Department submit their respective reports and recommendations on the question of whether the proposed housing development on the north side of Plymouth Road, west of Newburgh Road would have an impact on the quality and potability of water wells in this area. On a motion by Ochala, seconded by Taylor, and unanimously adopted, it was: #820-92 RESOLVED, that having considered a letter from the Livonia Family "Y", received by the office of the City Clerk on October 23, 1992, with regard to the Third Annual Charity Craft Show to be conducted on November 7, 1992, and wherein permission is requested to place one 3' x 6' A-frame sign at the corner of Lyndon and Farmington, for the period through November 7, 1992, the Council does hereby concur in and approve this request. On a motion by Jurcisin, seconded by Kavanagh, it was: #821-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 26, 1992, approved by the City Attorney and the Director of Finance and approved for submission by the Mayor, the Council does hereby repeal and rescind Council Resolution 746-92, adopted on 27287 September 30, 1992, wherein the bid of G & M Enterprises, Ltd. was accepted for the City's 1992 Leaf Pickup Program, the action herein being taken for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS Feenstra. The President declared the resolution adopted. On a motion by Taylor, seconded by Ochala, it was: #822-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 25, 1992, approved by the Director of Finance and approved for submission by the Mayor, and having also considered the report and recommendation of the Director of Public Works, dated October 26, 1992, approved by the City Attorney and the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to reject all bids received with respect to completing all sweeping required for the City's 1992 Leaf Pickup Program, the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy NAYS: Feenstra The President declared the resolution adopted. On a motion by Taylor, seconded by Ochala, it was: #823-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 26, 1992, approved by the City Attorney and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the execution of a contract with Ambrose c Ambrose Municipal Sweeping Corporation, P. O. Box 340, Northville, Michigan 48167, to provide street sweeping services as required under the 1992 Leaf Pickup Program from October 28 through November 11, 1992, for a unit price of $35.75 per hour per machine including operator(s); FURTHER, the Council does hereby award a contract to G & M Enterprises Ltd. , 19614 W. Eight Mile Road, Southfield, Michigan 48075, to provide street sweeping 27288 services from November 12 through November 30, 1992 or the end of our 1992 Leaf Pickup Program, for a unit price of $38.95 per hour per machine including operator(s); FURTHER, in the event of non-performance of Ambrose & Ambrose Municipal Sweeping Corporation during the period October 28 through November 11, 1992, G & M Enterprises Ltd. is authorized to complete any street sweeping service for the unit price of $38.95 per hour per machine including operator(s); 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 contracts for and on behalf of the City of Livonia with the aforesaid parties and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy. NAYS: Feenstra. The President declared the resolution adopted On a motion by Jurcisin, seconded by Taylor, it was: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1992, and submitted pursuant to Council Resolution 681-92 in connection with a communication from the City Planning Commission, dated May 11, 1992, which transmits its resolution 5-368-92, adopted on May 5, 1992, with regard to Petition 92-4-2-16, submitted by Rally's Inc. , requesting waiver use approval to construct a Rally's drive-thru restaurant on property located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-4-2-16 is hereby approved and granted subject to the following conditions: 1) That the Site Plan dated 10-7-92, as revised, prepared by Steven Flum, Architect, which is hereby approved shall be adhered to; 2) That the landscaping as shown on the approved1Site Plan shall include an underground sprinkler system and shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be maintained in a healthy condition; 3) That the Building Elevation Plan #A3A dated 10-15-92, prepared by Steven Flum, Architect, which is hereby approved shall be adhered to; 27289 4) That a sign plan shall be submitted to the Planning iiir Commission and City Council for their approval prior to the issuance of a sign erection permit; 5) That no outside seating shall be permitted; and 6) That left turns shall be prohibited and that the exit driveway shall be angled so as to prevent left turns onto Plymouth Road. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Jurcisin, and Taylor NAYS Feenstra, Kavanagh, Ochala, and Toy The President declared the resolution denied On a motion by Taylor, seconded by Feenstra, it was: #824-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 26, 1992, and submitted pursuant to Council Resolution 681-92 in connection with a communication from the City Planning Commission, dated May 11, 1992, which transmits its resolution 5-368-92, adopted on May 5, 1992, with regard to Petition 92-4-2-16, submitted by Rally's Inc. , requesting waiver use approval to construct a Rally's drive-thru restaurant on property located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-4-2-16 is hereby approved and granted subject to the following conditions: 1) That the Site Plan dated 10-7-92, as revised, prepared by Steven Flum, Architect, which is hereby approved shall be adhered to; 2) That the landscaping as shown on the approved Site Plan shall include an underground sprinkler system and shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be maintained in a healthy condition; 3) That the Building Elevation Plan #A3A dated 16-15-92, prepared by Steven Flum, Architect, which is hereby approved shall be adhered to; 4) That a sign plan shall be submitted to the Planning Commission and City Council for their approval prior to the L issuance of a sign erection permit; 27290 5) That no outside seating shall be permitted; 6) That left turns shall be prohibited and that the exit driveway shall be angled so as to prevent left turns onto Plymouth Road; and 7) That a "No Left Turn" sign should be required to be posted on the Farmington Road exit from this property. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, McGee, Jurcisin, Taylor, and Ochala. NAYS: Kavanagh and Toy. The President declared the resolution adopted. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #825-92 WHEREAS, Carl D Pursell has served the Western Wayne County area for more than 20 years, as a County Commissioner, State Senator and United States Congressman, and WHEREAS, Congressman Pursell, as the ranking Republican on the House Labor, Health and Human Services, Education Appropriation Subcommittee, oversaw the funding for all of the nation's health care, biomedical research, education, job-training, and labor programs; as a member of the Energy & Water Development Appropriation Subcommittee, he approved leadership on Great Lakes concerns and national energy issues, and served a term on the respected Standards of Official Conduct Committee, and WHEREAS, Congressman Pursell, obtained a 1982 $78,000 Grant to Madonna University from the Department of Education for Madonna University's Deaf Interpreting Program, assisted in obtaining a 1978 $133,000 Higher Education Act Grant to the Livonia Public Schools for teacher center, assisted in 1978 saving state funding for Schoolcraft College's Culinary Arts Program, assisted in obtaining a 1977 $92,000 HEW Grant to Madonna University for their Nursing Program, obtained in 1974 $50,000 to build bike paths in Hines Park, obtained in 1973 $45,000 to study water flowing into the Wilcox Phoenix and Newburgh Lakes, in 1973 worked through the appropriation process to increase Schoolcraft College's fund by $167,000, in 1970 was a member of the 5-person ad-hoc committee which balanced Wayne County's Budget, in 1969 initiated the Task Force on County Government reform, and in 1969 organized the clean-up and recreation program for local lakes in Western Wayne County. 27291 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia hereby extend their appreciation to United States Congressman Carl D Pursell on his dedication to public service and assistance to the citizens of the City of Livonia for more than 20 years. After presentation by Councilmember Feenstra, and with the deposit of the checks with Karen Szymula, Director of Legislative Affairs; On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was: 11826-92 RESOLVED, that the members of the Livonia City Council recognize the seriousness of the deficit in the 1992 - 1993 Fiscal Year Budget, and take this means to donate $400.00 each, for a sum total of $2,800 00 which represents the amount of the pay increase that members of the Council are scheduled to receive commencing January 1, 1993, to the City of Livonia, General Fund, in hopes that such voluntary action will encourage others to do likewise and, FURTHER, the Council does hereby accept their own donation of $2,800.00. Audience Communication: On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #827-92 RESOLVED, that the Council does hereby request that the Inspection Department submit a report and recommendation with regard to the question of the removal of landscaping from the transmission shop property located at the southwest corner of Eight Mile and Middlebelt Roads, which landscaping was required as part of the waiver use/site plan approval previously granted for same On a motion by Ochala, seconded by Taylor, and unanimously adopted, this 1,235th Regular Meeting of the Council of the City of Livonia was adjourned at 11:00 p.m. , October 26, 1992. P1661144a/ J. McCotter, City Clerk L..