HomeMy WebLinkAboutCOUNCIL STUDY - 2008-04-21 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD APRIL 21, 2008
Meeting was called to order at 8:00 p.m. Present: James McCann, Joe Laura,
Brian Meakin, Tom Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy.
Absent: None.
Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh,
City Attorney; Dan Putman, Information Systems Director; Shadd Whitehead, Chief of
the Fire Department; Michael Slater, Director of Finance; James Inglis, Housing
Director; Alex Bishop, Director of Inspection; Kevin Roney, City Engineer (Utilities &
Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City
Clerk.
Council President Toy announced that Senator Michelle McManus, who is our Majority
Assistant Leader in Lansing, was in the audience.
AUDIENCE COMMUNICATION:
Leonard Schoenborn, 37644 Mallory Drive, a resident and President of the Laurel Park
South Association, addressed a concern regarding the possible noise factor issue on
the proposed patio at Buffalo Wild Wings. They did not get to speak on the subject at
the last meeting and wanted to go on record that they have concerns. They met with
the developer several times, they agreed they have an issue, and seemed willing to
work with the residents on the problem. The developer and Mr. Schoenborn met with
the BWW management team, and they stated that they would go to their engineering
design group and come up with some type of a draw-down curtain or awning to diffuse
the sound coming from the patio to satisfy the concern of the residents of Laurel Park
South.
Laura stated that Council needs to be notified prior to the minutes being approved next
week if they would like to amend the resolution. Kavanagh said that if they decide to
amend the resolution, then the Council needs a few days' notice before the meeting,
and it would need four (4) votes to approve the amendment, and if they wait until the
night of the next regular meeting, then they would need five (5) votes to pass the
amendment. Laura proposed that if there is majority interest on the Council to pursue
that, they can go back and talk to the developer to see if there is something that they
can hammer out and get amended into the final resolution prior to approving the
minutes next week. Laura will speak with the developer to get their feedback in the next
day or so. When Laura met with the developer before, they were not interested in doing
any kind of curtain or anything like that, but there are some restrictions on the sound as
approved. The developer seemed willing to work with the residents to do whatever they
could, as they are a neighbor and could have potential customers.
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Mr. Schoenborn stated that the subdivision did not get a notice of what BWW proposed
and was disappointed since he is registered as President of his Association. Someone
in their Association saw it on television the week prior. The Association did send out a
newsletter to residents as soon as they heard about it. They had a similar situation with
Red Robin restaurant. They had met with the developer and were given a lot of verbal
promises of things that they were going to do on their behalf, and none were done.
Robinson stated that he went to the subdivision on Tuesday evening around 6:00 p.m.,
and at that point, no residents had been notified or spoken to regarding the
development. For the most part, Council is hearing that the petitioner was opposed to
any kind of restrictions on the hours that would mitigate the sound problem. The
residents were pleased that someone updated them on the situation. Toy mentioned
that they asked the petitioner at the last meeting to talk to the residents, and they stated
that they would do that. Petitioner was at three (3) different meetings.
Bill Craig, 20050 Milburn, spoke unfavorably about Jenkins Construction, the contractor
working at the new Fifth Third Bank on Plymouth and Farmington. He feels that the
company violated the approved site plan. He felt they violated the construction
sequence, the temporary soil erosion sedimentation control measures, the performance
requirements, and the soil erosion details. He felt they impacted a regulated wetland
and violated the Fountain Park conservation easement. The City Engineering and
Inspection Departments took action after a complaint was filed, and the action was
measured. The stop work order was not used. He felt that Jenkins showed no regard
for the ordinances and regulations. Violations presently exist, and he is disappointed.
He provided some photographs. An inspector was sent to the site, but the contractor is
taking his time to get the work done properly.
Mayor Jack Kirksey announced the Inaugural Ball on Friday, May 2, 2008. There are
still tickets available, and details can be obtained at the Mayor's office. On Saturday,
May 3, 2008, there will be a Hazardous Waste Day in Livonia at Ford Field (two a year),
and the City will be sharing costs and responsibilities with neighboring Northville. Later
on this year, there will be a Hazardous Waste Day in Northville for both cities.
NEW BUSINESS:
1. BLOCK PARTY: Amy Fogle, re: to be held Saturday, June 7, 2008, from 12:00
p.m. to 10:00 p.m. on Henry Ruff, between Robert and Orangelawn, with a rain
date requested of Saturday, June 14, 2008.
Knapp stated that everything appears to be in order and offered the approving
resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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2. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Brenda Uren,
Clarenceville Athletic Booster Club, re: to advertise their second annual
Car/Craft Show which is scheduled to be held on Saturday, May 31, 2008 from
10:00 a.m. to 4:00 p.m.
Kim Bibik, Clarenceville Trustee, 27715 Clarita, stated they are requesting
permission to post signs for their 2nd annual Car/Craft show to raise funds for the
student athletes at Clarenceville. They are adding the car show this year. The
two (2) larger corner signs will not be used because they are not allowed. The
other 15" x 22" signs are okay. The larger banner sign that would run across the
bridge (10 feet by 4 feet) is too large. Sean Kavanagh stated they can get a
banner sign permit for two (2) weeks from Inspection for a fee which is a totally
separate approval. Kim will get with Mr. Bishop on the banner sign permit.
Knapp offered the approving resolution on the Consent Agenda minus the two (2)
larger corner signs.
DIRECTION: APPROVING - CONSENT
MINUS (2) LARGER SIGNS
3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Livonia Arts
Commission and Department of Community Resources, re: to advertise its
annual Arts and Crafts Festival to be held on grounds of City Hall on Saturday,
June 14, 2008 and Sunday, June 15, 2008.
Kavanagh stated that policy has allowed 4' x 8' signs in the past for the Arts &
Crafts Festival, Music Under the Stars, and the SPREE because they are City
functions on City property and are therefore allowed.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Livonia Arts
Commission and Department of Community Resources, re: to advertise the
annual Music from the Heart concerts on the grounds of City Hall on Thursdays,
July 10, 17, 24 and 31, 2008 and August 7, 14, 21, and 28, 2008.
McCann stated that the Arts Commission wants to put three (3) additional 4' x 8'
signs on the island thoroughfares.
McCann offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
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5. REQUEST TO PLACE SIGNS AND BANNERS AT REFERENCED
LOCATIONS: Department of Community Resources and Historical Commission,
re: to advertise the Flea Market to be held at Greenmead on Sunday, June 1,
2008, with proceeds to benefit the Greenmead Historical Park.
Sue Daniel, Chairperson of the Historical Commission, stated that they are
requesting one (1) banner sign on Eight Mile Road and one (1) banner sign on
Newburgh. The canvas signs are about eight (8) feet long.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. REQUEST TO WAIVE SECTION 8.32.070 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED: Father Joseph Marquis, Administrator, Sacred
Heart Byzantine Catholic Church, re: to allow the playing of music and
announcements via speakers, as well as the erection and use of tents on their
property, during their 2 day Christian concert which will take place in Livonia from
August 9 through August 10, 2008.
Dianne Pierson, Administrative Assistant representing Father Marquis, 29125
West Six Mile, was present and stated that they are requesting a waiver of the
noise ordinance. Their property is quite large, and the position of the tent where
they will have music faces east on Savoie but towards the west side of the
property ten (10) feet from the block wall that borders the businesses. The tent is
30 x 60 feet and will be 470 feet from Savoie Road and 480 feet from the back of
the property on the south and 370 feet from the front of the property which
borders Six Mile Road. There will be 400 guests inside the hall. The main
concert will be inside, but there will be room for 100 overflow guests (if they
come) in the outside tent with a huge Imag screen and a couple of speakers.
The time for the concert will be 3:30 p.m. to 10:00 p.m. Another 30 x 60 foot tent
will be west of the music tent for vendors to sell products and ticket sales, and
another 20 x 40 foot tent that will border the driveway of the church for a possible
sponsor tent. Last year they had a comedy concert inside the hall, but it wasn't
on the outside.
Meakin offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REAPPOINTMENT OF DENNIS KUJAWA TO THE PLYMOUTH ROAD
DEVELOPMENT AUTHORITY: Office of the Mayor, re: as a representative of
the Business/Property Owner in the District for a four-year term, which shall
expire on May 16, 2012.
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Mayor Jack Kirksey stated that Dennis Kujawa has been an excellent member of
the PRDA for a number of years. He travels a great deal and has obligations to
the bank where he works. The Mayor requested approval for his reappointment
to the PRDA. He has worked very hard over the years for the PRDA
organization, and his business is located in the Plymouth Road corridor. His
resume is under new data, and is very impressive.
Meakin stated that Mr. Kujawa has been on the PRDA since 1996 and has done
a fine job, and he offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM SELECT HOTELS GROUP, L.L.C. (A
DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER OWNERSHIP OF
A 2007 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 1400
PORTER, DETROIT, MI 48216, WAYNE COUNTY, FROM PORTER STREET
RESTAURANT & BAR, LLC; TRANSFER LOCATION (GOVERNMENTAL UNIT)
(MCL 436.1531(1) TO 19300 HAGGERTY, LIVONIA, MI 48152, WAYNE
COUNTY; TRANSFER CLASSIFICATION TO A B-HOTEL LICENSED
BUSINESS; AND REQUEST FOR A NEW OFFICIAL PERMIT (FOOD): Division
of Police, re: for the business located at 19300 Haggerty, Livonia, MI 48152.
John Carlin, Attorney, stated that formerly this was an AmeriSuites Hotel and
presently is owned by the Hyatt Corporation. They have spent considerable
amount of money upgrading the hotel, changing all the furniture in the rooms,
televisions, etc. They are currently calling the hotel Hyatt Place and have added
a food and beverage area and are now requesting a liquor license. The license
is being purchased from Detroit, and they are moving it to this hotel. The hotel is
located at Seven Mile and Haggerty in the AMC complex, has 120 rooms, and is
a standard operation.
Mary Lou Bell, General Manager of the hotel, stated that the front desk area will
serve beer and wine and be for the guests, although it will be open to the public.
They have very limited food service available and do not have a restaurant.
They also have Starbucks Coffee. All Hyatt Place hotels are identical across the
U.S. They are anticipating having approximately 250 Hyatt Place hotels within
the next four (4) years.
Sean Kavanagh asked if there was a prior waiver use for the liquor license that
was approved for this site, and since this needed to be checked in the Council
records, this item was put on the regular agenda. McCann would like this item
on the regular agenda as he thinks there was not a waiver use.
Laura offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
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9. AWARD OF CONTRACT: Department of Management Information Systems, re:
for software maintenance for Livonia's Geographic Information System (GIS)
from budgeted funds.
Dan Putman, Information Systems Director, stated they are requesting
authorization for the maintenance agreement with ESRI Inc., sole source
provider of the GIS software. The GIS is a geographic information system used
for all the mapping and sharing of the mapping data with our common use across
the City. It is used heavily by multiple departments including the Planning
Department, DPW, the Public Safety Departments, Zoning, and also occasionally
Parks & Recreation and the Mayor's Office. The maintenance agreement is for
$16,558.90. This is the first year they have come to Council on this, as there
was a $15,000.00 cap prior to this year.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. REQUEST TO PURCHASE A REPLACEMENT CARDIAC
MONITOR/DEFIBRILLATOR: Fire & Rescue, re: the purchase of one (1) Zoll E-
Series Bi-Phasic Cardiac Monitor from 2007-2008 budgeted funds.
Shadd Whitehead, Chief of the Fire Department, stated this is a request for
approval to purchase a replacement for the cardiac monitor fleet which was
invested in 1998. These were purchased over a two-year period during the
transition to Advanced Life Support (ALS). They have outlived their life
expectancy of ten (10) years and are no longer upgradable, especially with all the
new technology. This was postponed for three (3) years because of fiscal
restraints. They will be using funds as they become available. This will be the
first monitor they will be replacing in the fleet. These monitors have provided
superior performance over the last ten (10) years of service, and Zoll Medical has
provided excellent customer service for all warranty and repair work. This
replacement would have the newer technology. They looked at three (3) major
manufacturers, and they chose Zoll because of the cost (14% less than the other
two) and for the ease of using the monitors. They would like to stay with Zoll
because it would be consistent with what they have been using and for the ease
of training.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. QUARTERLY INVESTMENT REPORT: Michael T. Slater, Director of Finance,
re: the investment of public funds as of February 29, 2008, as required by Public
Act 213 of 2007.
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Michael Slater, Director of Finance, stated they previously submitted an annual
investment report required by the State of Michigan Public Act 20. On December
of 2007, the State adopted Public Act 213 which now requires a quarterly report
of the investment of City funds. There will also be an annual report which will
have more detailed information.
At the direction of the Chair, this item was received and filed.
DIRECTION: RECEIVE & FILE CONSENT
12. PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA) ANNUAL REPORT
FOR 2007: Michael T. Slater, Treasurer, re: as submitted pursuant to Public Act
197 of 1975.
Michael Slater, Director of Finance, stated that this is a required report for the
State of Michigan to provide specific information on the Plymouth Road
Development Authority including revenues, the amount of the initial assessed
value, how much we capture, and how much debt is outstanding. The
"Expenditures" include a multitude of items, but the largest items would be the
payment of energy for street lighting, the water usage on landscaped areas that
they improved, cutting the lawn in the landscaped areas, and plowing the brick
plazas in the winter.
At the direction of the Chair, this item was received and filed.
DIRECTION: RECEIVE & FILE CONSENT
13. REQUEST FOR APPROVAL OF THE 2008-2009 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET:
Livonia Housing Commission, re: for the program year of July 1, 2008 — June 30,
2009. (CR 67-08)
James Inglis, Housing Director, stated that on February 27t", Council authorized
tentative approval to the 2008-2009 Community Development Block Grant
Program. The funding allocation from the U.S. Department of Housing & Urban
Development is $382,017.00 along with a program income of $203,000.00 that is
anticipated to be received. They are proposing a total program of $585,017.00
for next year. They have a list of the various programs. They conducted two (2)
Public Hearings, and no adverse comments were received from the general
public. They would like to submit the approved program to HUD no later than
May 15, 2008.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
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14. AWARD OF BID: Livonia Housing Commission, re: for Section 1, Botsford
School walking foot bridge and bike path asphalt and lighting improvement
projects, from Community Development Block Grant funds.
James Inglis, Housing Director, stated that under the 2007-2008 Community
Development Block Grant Program, two (2) programs were proposed. One is to
extend an asphalt bike path from Angling Avenue over to St. Francis Avenue
where St. Francis intersects with Bridge Street, and also to improve the asphalt
that crosses the foot bridge from Angling Avenue over to Botsford Elementary
School. Currently, there is no lighting in either one of these locations and is very
dark. They are proposing eight (8) street lights on the foot bridge going over to
the school, and three (3) street lights, along with asphalt, on the bike path.
Boulders would be placed at the beginning and end of the asphalt path to prevent
vehicles from using the path to connect the two (2) streets. Funding is through
the Community Development Block Grant Program. On March 7, 2008, they
received five (5) proposals, and the low bidder was Best Asphalt of Romulus, MI
in the amount of $69,450.00, so they are recommending approval of this
contract. Since they are going through the flood plain connecting Angling
Avenue over to the school, they received approval from the Department of
Environmental Quality as well. They have identified neighborhood improvement
areas that have been designated over the years, and Section 1 that runs from
Eight Mile down to Seven Mile and from Inkster Road to Middlebelt Road is a
designated target area. It automatically qualifies as having a percentage of low
and moderate income families. Back in the 1970's, they paved all the streets and
put in all underground sewers in Section 1 from the CDBG Program.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO PURCHASE FOUR VEHICLES UTILIZING THE STATE OF
MICHIGAN BID PRICING: Public Service Division, re: the purchase of four (4)
2008 Ford Escape SUV's for the Inspection Department from 2007-2008
budgeted funds.
Alex Bishop, Director of Inspection, stated they are requesting approval of the
purchase of these four (4) vehicles that are from budgeted funds for this year.
The vehicles are base 4-cylinder front-wheel drive Ford Escapes that are City
vehicles and not take-home vehicles. They would be used by the line inspectors.
They would be white in color with "X" plates on them. These would be replacing
vehicles that are aging and are at the point of becoming dangerous. The
vehicles are for Sanitation people, Ordinance Officers, and Building Inspectors
assigned to that division. The vehicles are beneficial because the seats fold
down to pick up signs, etc.
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They would have room for more people, room for code books, reference books,
flashlights, work boots, coveralls and other things they need to carry, and it would
be easy to get in and out of the vehicle. There have been a number of different
vehicles that the department has used from Dodge cars to Dodge small pickups.
They feel they can get the most use from these new vehicles and can be passed
down for further use when they are done with them. Three (3) vehicles are gone
to auction because they have no further use for them. They feel the Escape is a
quality vehicle that possibly could be used for six to eight years for their
department. The price is very similar to the other smaller vehicles that were
discussed. Last year they purchased some Escapes, and they saw how well
they worked, and the pricing was good. They feel the experiences they had with
the Cavalier and/or the Dodge products was not as good as the Ford product.
They tried to recycle the Police patrol vehicles a few years ago, and they looked
okay on the outside, but they did not run very well. The vehicles are usually worn
out by the time they get them, they have trouble servicing them, and require
down-time for the servicing. They have had some use, but are pretty worn out
when they try to recycle vehicles.
Knapp offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Sidewalk
Repair Program. (Contract 08-G) (CR 69-08)
Kevin Roney, City Engineer (Utilities & Engineering), stated that they finalized
documents for the ten (10) sets of plans that were distributed, and seven (7)
firms submitted bids. They are recommending the low bidder, Joe Rotondo
Construction of Farmington Hills, in the amount of $439,120.00, and this would
come out of the various budgeted funds listed on page two of the
recommendation letter. Rotondo Construction has been the contractor on this
program for the last two (2) years.
Knapp offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
17. PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 543, AS AMENDED:
Department of Law, re: to Section 18.64 (Utilities) of Article XVIII to require
stormwater detention ponds that are developed as part of a new residential
subdivision or condominium to be located in parks, outlots or general common
areas and not on subdivision lots or limited common areas. (CRs 438-04, 611-
07, 72-08)
McCann stated that they have been trying to deal with this with Wayne County's
requirements for communities to retain stormwater retention, and this makes
sense, so the ordinance should reflect this.
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Bill Craig, 20050 Milburn, stated that in the March 20, 2008 edition of the Livonia
Observer, he reviewed the minutes of the February 27, 2008 Regular Meeting.
No. 72-08 caught his attention being a resolution to the Administration for a
report and recommendation for ordinance amendments requiring stormwater
detention ponds to be located in parks, and he assumes that means public parks.
His first reaction was that this was an unsound idea, especially since just two (2)
weeks before Godfroid-Marecki announced that Livonia was chosen as one of
the top 50 "green" cities in the U.S. by Popular Science Magazine. He feels this
resolution will surely drop us to the bottom of that list. At this time, our City and
all the other cities in the Rouge River Watershed are suffering storm water
problems. He feels this is not the time to cut down our fine parks for builders to
build a few more houses. Our "green" infrastructure is too valuable to squander
in this fashion. Our parks are too valuable to our quality of life and too valuable
to the people who live here and the people we hope to attract here. He
understands that it would provide some tax money to run the City. His special
interest is the urban forests. The few remaining natural areas are Nature
Preserves.
McCann stated that Mr. Craig misunderstood and explained that if someone buys
20 acres to develop a subdivision, part of the 20 acres and/or park land has to be
set aside for a detention basin, and you can't put the basins in a person's
backyard. You create more park land and an area for detention. Mr. Craig felt
much better since he heard the explanation and is pleased.
Mr. Craig stated he is President of the Holiday Nature Preserve Association in
Westland, and part of the preserve is in Livonia. There is a development going in
on Joy Road in Westland, and some of the residents in Livonia were notified
because they are across the street. When he saw the proposal for the
development, he noted that they plan on building a two-acre detention basin
down in the flood plain of the Holiday Nature Preserve because the developer did
not want to give up valuable property in the development. He said it is just a
proposal now, but it will cause problems if it moves forward in the City of
Westland.
Knapp stated that in looking at the proposed ordinance change, it does reference
the parks, but there's no definition of "parks". Typically, general limited common
elements are areas that are common in condominium subdivisions that everyone
can utilize. He stated that he wasn't sure "parks" in reference to the ordinance
refers to private parks in condominium subdivisions that are redundant to general
limited common elements. With the understanding where we're intending to go
with this ordinance, it seems that maybe striking that language may be
appropriate. He just wanted to make sure that everyone's intentions are being
reflected in the ordinance change.
Kavanagh stated that the proposed ordinance amendment is for Master Deed
requirements, not in the general zoning ordinance. In that section of the
ordinance, there are references to parks as held by private development itself.
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The general common elements in a Master Deed can be used for a variety of
things as long as every property owner within the condominium is allowed to
benefit from it, while the parks themselves can be used for recreation if you
wanted to use it for something other than stormwater detention. Sean will double
check to make sure that it is a separate definition in the Master Deed
condominium ordinance that was set up about ten (10) years ago.
Mark Taormina, City Planner, stated that because this is being referred to the
Planning Commission to hold a Public Hearing, there will be time for them to
clarify the ordinance.
Ralph Williams, 18630 Foch, was greatly relieved to hear the explanation, but he
stated that when you build something, you lose "green" space which absorbs the
water.
McCann offered the approving resolution on the Consent Agenda and also added
referral to the Planning Commission for a Public Hearing, as suggested by
Kavanagh.
DIRECTION: (1) APPROVING - CONSENT
(2) REFER TO PLANNING
FOR PUBLIC HEARING
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, Council President Toy adjourned the
Study Session at 9:14 p.m. on Monday, April 21, 2008.
DATED: April 25, 2008 LINDA GRIMSBY, CITY CLERK