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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-06-18 36252 MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTY-SEVENTH REGULAR MEETING OF JUNE 18, 2007 On June 18, 2007, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Knapp delivered the invocation Roll was called with the following result: Don Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, and James McCann Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Karen Szymula, Director of Legislative Affairs, Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Mayor Jack Engebretson, William LaPine, City Planning Commission, and Felicia Cross, Department of Community Resources The Council President acknowledged receipt of a notification from Councilmember Brian Meakin, dated June 18, 2007, to amend the hours of operation in condition #15 of Council Resolution #270-07 On a motion by Meakin, seconded by Laura, it was #277-07 RESOLVED, that having considered a communication from Councilmember Brian Meakin, dated June 18, 2007, the Council does hereby amend Council Resolution #270-07 to have the same read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 2007, which transmits its resolution 03-30-2007, adopted on March 20, 2007, with regard to Petition 2007-02-02-05, submitted by Peter Lyders, on behalf of Sundance, Inc (a franchisee of Taco Bell Corp ), requesting waiver use approval to demolish and reconstruct a full service restaurant (Taco Bell) with drive-up window facilities on the west side of Farmington Road between Seven Mile Road and Clarita Avenue (19055 Farmington Road) in the Northeast 1/4 of Section 9, which property is zoned C-2, and the Council having conducted a public hearing on this matter on May 16, 2007, the Regular Meeting Minutes of June 18, 2007 36253 Council does hereby reject the recommendation of the City Planning Commission and Petition 2007-02-02-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP prepared by Desine Inc , dated March 21, 2007, as revised, is hereby approved and shall be adhered to, except that the wall shown on the Site Plan shall be seven (7)feet in height; 2 That the Landscape Plan marked Sheet LA prepared by Desine Inc., dated March 21, 2007, as revised, is hereby approved and shall be adhered to, 3 That underground sprinklers shall 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, 4 That the maximum number of customer seats shall not exceed 38 seats, 5 That the Exterior Elevations Plans marked Sheets A4 and A4 1 prepared by Anthony Pucci Architect, both dated February 15, 2007, as revised, are hereby approved and shall be adhered to, except that the building shall be constructed of brick consistent with the photos submitted to the City Council on May 16, 2007, and the brick used in construction shall be full-face four (4) inch brick (no exceptions), 6 That all masonry used in the construction of the building shall meet ASTM 216 standards, 7 That all regular parking spaces shall be 10' x 20' in size and the 2 required handicapped spaces shall be properly located, sized and signed, 8 That all parking spaces shall be double striped, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That all light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; Regular Meeting Minutes of June 18, 2007 36254 11 That the petitioner shall seek any needed variance from the Zoning Board of Appeals for deficient front yard setback; 12 That the wall signage (two separate wall signs with a total area of 29 4 square feet as portrayed on the front elevation plan on sheet A.4) and the ground signage (as shown on the knee wall detail on Sheet DT2 prepared by Desine, Inc , dated February 15, 2007) are hereby approved, subject to the granting of any needed variances by the Zoning Board of Appeals and any conditions pertaining thereto, 13 That traffic directional signs shall be free of all advertising; 14 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 15 That the hours of operation of the drive-up window shall be limited to 10 00 a m to 10 30 p m Sunday through Saturday, and the restaurant dining room shall be limited to 1000 a m to midnight Sunday through Thursday and 1000 a m to 1.00 a m Friday and Saturday; 16 That the petitioner shall submit a Maintenance Agreement acceptable to the City which shall insure that all landscaped areas are properly maintained, and 17 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits A roll call vote was taken on the foregoing amended resolution with the following result: AYES Meakin, Laura, Taylor and McCann NAYS Knapp, Godfroid-Marecki and Robinson The President declared the amended resolution adopted The petitioner, Richard Eccles, 7915 Kensington Court, Brighton, Michigan, was present and indicated agreement to the amended hours The Council President acknowledged receipt of a Veto from the Mayor, dated June 18, 2007, pursuant to Chapter IV, Section 24, of the City Charter, of pending Ordinance No 2781 and its accompanying map, which pending Ordinance would change the zoning classification of certain property located on the east side of Filmore Avenue, between Seven Mile Road and Clarita Avenue in the Northeast 1/4 Regular Meeting Minutes of June 18, 2007 36255 of Section 9 from R-3, One Family Residential to C-2, General Business (Petition 2006-09-01-08) On a motion by Laura, seconded by Meakin, it was RESOLVED, that having considered the Veto by the Mayor, dated June 18, 2007, of Petition 2006-09-01-08 and Pending Ordinance No 2781, adopted by the City Council on June 6, 2007, the Council does hereby readopt said Petition 2006-09-01-08 and Pending Ordinance No 2781 the same as if it were word for word repeated herein After much discussion, a motion was made by Robinson to Call the Question and end debate A roll call vote was then taken on the foregoing resolution with the following result: AYES Meakin, Laura, Taylor and McCann NAYS Knapp, Godfroid-Marecki and Robinson The President declared the resolution failed due to the lack of five (5) affirmative votes required, and the Mayor's Veto sustained On a motion by Taylor, seconded by Knapp, it was #278-07 RESOLVED, that due to the Mayoral Veto of Petition 2006-09-01-08 and Pending Ordinance No 2781, the Council does hereby rescind and repeal Council Resolution No 270-07, as amended by Council Resolution No 277-07, with regard to Petition 2007-02-02- 05, submitted by Peter Lyders, on behalf of Sundance, Inc. (a franchisee of Taco Bell Corp ), requesting waiver use approval to demolish and reconstruct a full service restaurant (Taco Bell) with drive-up window facilities on the west side of Farmington Road between Seven Mile Road and Clarita Avenue (19055 Farmington Road) in the Northeast 1/4 of Section 9 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Godfroid-Marecki, Robinson, Taylor and McCann NAYS Meakin and Laura The President declared the resolution adopted On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was Regular Meeting Minutes of June 18, 2007 36256 #279-07 RESOLVED that the Minutes of the 1,586" Regular Meeting of the Council held June 6, 2007 are hereby approved as submitted During the audience communication portion of the meeting, Marvin Jenkins, 27680 Joy Road, addressed Council regarding his attempt to sell his home on Joy Road which is currently zoned C-2, rather than residential Mr Jenkins requested Council initiate the process of rezoning his property On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was #280-07 RESOLVED, that having considered the request of Mr and Mrs Marvin Jenkins, 27680 Joy Road, Livonia, Michigan 48150, for the rezoning of this property to residential for the purpose of sale, the Council does hereby refer the subject of the possible rezoning to the Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was #281-07 RESOLVED, that having considered a request from Councilmembers Gerald Taylor and Terry Godfroid-Marecki, the Council does hereby refer the subject of whether the City of Livonia can require asphalt companies to clean up black tar left on City streets to the Department of Law for its report and recommendation Christopher Martin, 12275 Inkster Road, addressed Council regarding his recent appeal hearing before the Zoning Board of Appeals Mr Martin requested that Council members read the Minutes of the referenced Zoning Board of Appeals meeting and also requested that Council delay the vote on the reappointment of one member to the Zoning Board of Appeals, which is currently on the Consent Agenda for tonight's Council meeting On a motion by Laura, seconded by Knapp, it was #282-07 RESOLVED, that having considered an application from Andrea Barterian, 9829 Shadyside Street, dated May 30, 2007, requesting permission to close Shadyside Street, between Orangelawn and West Chicago between the addresses of 9829 and 9810 Shadyside Street on Saturday, August 25, 2007, from 3.00 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, August 26, 2007, in Regular Meeting Minutes of June 18, 2007 36257 the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #283-07 RESOLVED, that having considered a letter from Marilyn Quandahl, Timothy Lutheran Church, dated May 25, 2007, which requests permission to display signs announcing Timothy Lutheran Church's annual Rummage Sale to be conducted on Friday and Saturday, July 13-14, 2007, which signs will be displayed in the general area of the church (Wayne Road at Joy Road), no earlier than Saturday, July 7, 2007, and removed no later than Saturday, July 14, 2007, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County #284-07 RESOLVED, that having considered a letter from Dana M Dziekan, Production Coordinator, NPT Breast Cancer 3-Day, LLC, dated June 1, 2007, which requests permission to waive Sections 8 32 070 (Noise Control) and 12 20 080 (Public Lands) of the Livonia Code of Ordinances, as amended, in connection with the Breast Cancer 3-Day Event/Walk, which will take place in Livonia from September 28 through September 30, 2007, to allow the playing of music and announcements via loudspeakers, as well as the erection and use of tents on public land (Rotary Park), the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing the City with evidence of liability insurance coverage and execution of an appropriate hold harmless agreement. #285-07 RESOLVED, that having considered a communication from the City Clerk, dated May 29, 2007, forwarding an application submitted by Brett Randall, 44255 Warren Road, Canton, Michigan 48187, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #286-07 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, Sam Caramagno, 17441 Merriman, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2010, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 #287-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 21, 2007, to which is attached a proposed amendment to Regular Meeting Minutes of June 18, 2007 36258 the 2005 Comprehensive Road Reconstruction and Rehabilitation Concrete Program Contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does hereby approve the proposed amendment to the contract with Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, for additional services relating to the rehabilitation and widening of Newburgh Road from Seven Mile Road to Eight Mile Road as part of the 2005 Comprehensive Road Reconstruction and Rehabilitation Program in the amount of $228,000 00 ($48,000 00 for additional design work and $180,000 00 for construction engineering work), FURTHER, the Council does hereby authorize the said action without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in the amount of $228,000 00 from Account No 204-441-818-102 for this purpose, and the Mayor and City Clerk are hereby authorized to execute an amendment to the existing contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution #288-07 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 2007, which transmits its resolution 05-46-2007, adopted on May 15, 2007, with regard to a request submitted by Community Alliance Credit Union, to amend the waiver petition (Petition 2006-03-02-06) previously approved by the City Council on May 10, 2006 in Council Resolution 212-06, by modifying one of the conditions in connection with a proposal to construct a financial institution with drive-up banking services on property located on the south side of Plymouth Road, between Newburgh Road and Jughandle Road (37401 Plymouth Road) in the Southeast % of Section 30, the Council does hereby concur in recommendation of the Planning Commission and the request to amend Petition 2006-03-02-06 is hereby approved and granted, subject to the following amended conditions 1 That condition #8 of Council Resolution #212-06 which reads, "That signage for this use shall be limited to two ground signs, each not to exceed a maximum sign area of 30 square feet or to exceed 6 feet in height and 10 feet in length, as portrayed on the Monument Sign Plan prepared by Huron Sign Company, subject to the granting of a variance for excessive number of ground signs by the Zoning Board of Appeals and any conditions pertaining thereto"shall be removed, 2 That the Sign Package submitted by Community Alliance Credit Union, as received by the Planning Commission on May 1, 2007, is hereby approved and shall be adhered to, Regular Meeting Minutes of June 18, 2007 36259 3 That these wall signs shall not be illuminated beyond one (1) 4 hour after this business closes, That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 That the specific plans referenced in this approved resolution shall be submitted to the Inspection Department at the time the sign permits are applied for; and 6 That all other conditions imposed by Council Resolution #212- 06, which granted approval for the construction of a financial institution (Community Alliance Credit Union) with drive-up banking services, shall remain in effect to the extent that they are not in conflict with the foregoing conditions #289-07 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 2007, which sets forth its resolution 05-45-2007, adopted on May 15, 2007, with regard to a request from General Properties Company, L L C , on behalf of Sunset View Site Condominiums, for a two-year extension of the Master deed, bylaws and site plan approval in connection with Petition 2006-03-08-07 regarding a proposal to construct a site condominium development on property located on the west side of Sunset Avenue, between Eight Mile Road and Fargo Avenue (30250 Morlock Street) in the Northwest 1/4 of Section 2, previously granted in Council Resolution #186-06, adopted on April 26, 2006, the Council does hereby concur in the recommendation of the Planning Commission and the requested extension of the Master deed, bylaws and site plan approval in connection with Petition 2006-03-08-07 is hereby approved, as amended, subject to the following conditions. 1 That the request for an extension of Site Plan Approval by General Properties Company, L L C , in connection with Sunset View Site Condominiums, in a letter dated March 22, 2007, is hereby approved for a one-year period, and 2 That all conditions imposed by Council Resolution #186-06 in connection with Petition 2006-03-08-07, which approved the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing condition A roll call vote was taken on the foregoing resolutions with the following result: air AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Regular Meeting Minutes of June 18, 2007 36260 Taylor, and McCann NAYS None Knapp gave first reading to the following Ordinance AN ORDINANCE ADDING SECTIONS 112 AND 197 TO TITLE 10, CHAPTER 06 (DEFINITIONS) 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 Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 100, 150 AND 160 OF TITLE 10, CHAPTER 84 (BICYCLES, MOPEDS, MOTORCYCLES AND SIMILAR VEHICLES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances I 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 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING 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 Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS None Regular Meeting Minutes of June 18, 2007 36261 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #290-07 RESOLVED, that having considered an application from Dorothy A. Hanlon, 15367 Ashurst, dated June 11, 2007, requesting Regular Meeting Minutes of June 18, 2007 36262 permission to close Ashurst between Five Mile and Coventry on Sunday, June 24, 2007, from 6*00 p m to 1100 p m for the purpose of conducting a block party and having further considered a communication from the Chief of Police, dated June 13, 2007, indicating that the Police Department has no objection to this request, the Council does hereby grant permission as requested A communication from the Division of Police, dated June 13, 2007, indicating no objection to the closing of Ashurst Street until 11 00 p m on June 24, 2007, as requested for a block party, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #291-07 RESOLVED, that having considered a communication from the City Treasurer dated June 6, 2007, regarding the replacement and/or construction of new sidewalks (and/or drive approaches) in the City of Livonia pursuant to the Seven Mile Road, Farmington Road to Middlebelt Road Sidewalk Installation on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter, dated June 6, 2007, is included herein by reference, which work was done pursuant to Council Resolution 147-06 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where Regular Meeting Minutes of June 18, 2007 36263 payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the City Treasurer, dated June 6, 2007, including a list of unpaid items to establish single lot assessments re Seven Mile Sidewalk Installation, Middlebelt Road to Farmington Road, was received and placed on file for the information of the Council (CR 135-07) On a motion by Godfroid-Marecki, seconded by Meakin, it was #292-07 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 2007, which set forth its resolution 04-38-2007, adopted on April 24, 2007, with regard to Petition 2007-02-01-01, submitted by Ronald W Emling, for a change of zoning of property located on the south side of Plymouth Road between Newburgh Road and Eckles Road (39115 Plymouth Road), in the Southwest 1/4 of Section 30, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on May 30, 2007, the Council does hereby approve Petition 2007-02-01- 01 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an 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 Meakin, Godfroid-Marecki, Taylor, and McCann NAYS Knapp, Laura, and Robinson The President declared the resolution adopted A Conceptual Plan dated June 6, 2007, prepared by Arpee/Donnan, Inc., re requested rezoning of property located on the south side of Plymouth Road, Regular Meeting Minutes of June 18, 2007 36264 between Newburgh Road and Eckles Road (39115 Plymouth Road), was received and placed on file for the information of the Council (Petition 2007-02-01-01) On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #293-07 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 31, 2007, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Fiscal Year 2007 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2006 to June 30, 2007, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit Contract for and on behalf of the City of Livonia for fiscal year 2007 and to do all other things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Knapp, it was #294-07 RESOLVED, that having considered a communication from the Department of Law, dated June 12, 2007, approved for submission by the Mayor, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Ford Motor Company v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS None The President declared the resolution adopted There was no audience communication at the end of the meeting Meakin announced last Friday he attended a ceremony at NYX Corporation in Livonia which was being honored by General Motors as their "Supplier of the Year" 1. Taylor reminded everyone that the SPREE begins Tuesday of this week. Regular Meeting Minutes of June 18, 2007 36265 On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,587th Regular Meeting of the Council of the City of Livonia was adjourned at 9.10 p m on June 18, 2007 Val Vandersloot, City Clerk